Terms of Service | Diminished Value Report

# Terms of Service _DRAFT v0.1 · 2026-09-13 · Prepared from the competitor benchmark (`docs/legal-terms-benchmark.md`) and the statutory research. Not reviewed by an attorney. Placeholders are in [BRACKETS]._ **Effective date:** [EFFECTIVE DATE] **Last updated:** [EFFECTIVE DATE] > **IMPORTANT. PLEASE READ.** Section 15 contains an **arbitration agreement and class action waiver**. It requires most disputes to be resolved by individual arbitration and limits how you can bring claims. **You can opt out within 30 days** (Section 15.8). If you live in New Jersey, see Section 17. --- ## 1. Who we are [BRAND] (the "Service") is operated by **TRENDY APPS LLC**, a Wyoming limited liability company ("**we**," "**us**," "**our**"). - Address: 30 N Gould St Ste N, Sheridan, WY 82801 - Email: [SUPPORT EMAIL] - Website: [DOMAIN] These Terms of Service ("**Terms**") are an agreement between you and us. They apply when you use our website, our free estimate tool, or buy a report. By using the Service or checking the box at checkout, you agree to these Terms, our [Refund Policy], our [Privacy Policy] and our [Disclaimer], which are part of these Terms. ## 2. Eligibility You may use the Service only if **all** of these are true: 1. You are at least 18 years old and able to enter into a binding contract. 2. You are a resident of the United States. 3. The vehicle is a personal (non-commercial, non-fleet) passenger vehicle that you own or are financing. The Service is not intended for leased vehicles. 4. The accident happened in, and the vehicle is registered in, an **Available State** listed at [LINK TO AVAILABLE STATES PAGE]. Some states are not available because of their laws. The list may change at any time. 5. You are buying the report for your own claim, not on behalf of someone else as a business. If an order is placed for a vehicle, accident or claim that does not meet these requirements, we may cancel the order and **refund you in full**. You confirm that the information you give us about your state, fault, ownership and claim status is accurate. ## 3. What the Service is The Service is a **self-help tool**. It: - gives you a free, non-binding estimate of your vehicle's possible diminished value based on the information you enter; and - if you buy a report, generates: - a written **diminished value report** that estimates your vehicle's loss in market value after an accident, using the information and documents you provide and third-party market data; and - an **editable letter template** that you may choose to review, change, sign and send yourself to an insurance company; - and, for the Complete package, additional self-help templates and general information described at checkout. Reports and templates are produced by **automated software** from your inputs, your uploaded documents and third-party data sources. We do not physically inspect your vehicle. **You are in control of your claim.** You decide whether to use the report or the letter, what to change, whether to send anything, to whom, and when. We never send anything to an insurer for you. ## 4. What the Service is not - **We are not a law firm** and do not provide legal advice. No attorney-client relationship is created by your use of the Service, and your communications with us are not protected by attorney-client privilege. - **The Service is not a substitute for the advice of an attorney.** If you want legal advice, consult a lawyer licensed in your state. - We do **not** review your answers or documents for legal sufficiency, draw legal conclusions about your situation, or tell you whether to accept or reject any offer. - **We are not a public adjuster, independent adjuster, insurance company or insurance agent.** We do not contact, negotiate with, or communicate with any insurance company or at-fault party for you, and we do not appear for you anywhere. - **We are not licensed or certified appraisers.** A report is an estimate generated by software. It is **not** a certified appraisal, not a USPAP appraisal, not an inspection and not a formal opinion by a licensed professional. It is not intended for use as the appraisal in an insurance policy's appraisal clause or umpire process. - We do not guarantee that diminished value is recoverable in your situation or that an insurer, court or anyone else will accept the report. ## 5. Accuracy of automated output; your review Automated output can contain errors, omissions or outdated information, including in figures, vehicle details, market data, legal references and deadlines. **Before you use or send any document, you must review and confirm every fact, figure, name, date, reference and deadline in it.** If you find an error, tell us and we will correct it as described in the Refund Policy. General information about state law in the Service is provided for convenience. Laws, rules and deadlines change and may apply differently to your facts. ## 6. Your responsibilities You agree to: 1. give accurate and complete information, including prior accidents, who was at fault, whether you signed a release or settled, and whether the vehicle is owned, financed or leased; 2. upload only documents you have the right to share, and **not upload** driver's license numbers, Social Security numbers, bank account numbers or medical information; 3. **track and meet all deadlines yourself**, including insurer notice periods, statutes of limitations and small-claims filing deadlines. We do not monitor deadlines for you; 4. decide for yourself whether to send any letter, and send it yourself; 5. not describe the report to anyone as a certified or licensed appraisal, or as prepared by an attorney, adjuster or appraiser; 6. not resell, sublicense or use the Service to prepare reports for other people or for commercial purposes without our written agreement; and 7. not copy, scrape, reverse engineer or interfere with the Service, or use it for any unlawful purpose. ## 7. No guarantee of results We do not promise any outcome. Insurance companies are not required to accept the report and may dispute, delay or deny a claim. Whether and how much you recover depends on your state's law, your facts, the evidence and decisions by insurers or courts that we do not control. Estimates are not a promise of payment. Any examples or testimonials describe individual experiences and are **not typical results** unless we clearly say otherwise. ## 8. Prices and payment - Prices are shown before you pay. Each purchase is a **one-time charge**. There is **no subscription** and no automatic renewal. - **We never charge a percentage of any money you recover**, and our fee never depends on the result of your claim. - Applicable sales tax, if any, is calculated and shown at checkout. - Payments are processed by our payment processor (Stripe). We do not store your full card number. - If a price is displayed in error, we may cancel the order and refund you. ## 9. Refunds Refunds are governed by our [Refund Policy], which is part of these Terms. ## 10. Ownership and license - **Our property.** The Service, including its software, methodology, templates, text, design and trademarks, belongs to us or our licensors. - **Your report.** When you pay, we grant you a perpetual, personal, non-transferable, non-exclusive license to use, copy, edit, print and send your report and templates for your own claim, including sharing them with insurers, courts, your attorney and your advisers. - **Your content.** You keep ownership of the information and documents you provide ("**Your Content**"). You grant us a limited license to host, process and use Your Content only to provide, secure and support the Service, and as described in our Privacy Policy. - **De-identified data.** We may create de-identified, aggregated statistics (for example, average estimated values by state) that do not identify you. We do not use your identifiable documents to train software models. ## 11. Optional outcome survey After delivery, we may ask whether you would like to tell us the outcome of your claim. Participation is voluntary, requires your separate consent and has no effect on your purchase or refund rights. We de-identify survey responses and may publish aggregate results. ## 12. Third-party services and data The Service relies on third-party providers (for example, vehicle data, market listings, payment, hosting and email). We are not responsible for third-party websites or data sources, and market data may be incomplete or change over time. ## 13. Disclaimer of warranties **Except as expressly stated in these Terms, and to the fullest extent permitted by law, the Service, reports and templates are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.** We do not warrant that the Service will be uninterrupted or error-free. Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. This section does not limit any rights you have that cannot be waived under the law of your state. ## 14. Limitation of liability **To the fullest extent permitted by law:** 1. **We are not liable for indirect, incidental, special, consequential or punitive damages**, including lost claim value, lost recovery, lost profits or missed deadlines, arising out of or related to the Service, even if we were told they were possible. 2. **Our total liability** for all claims arising out of or related to the Service or these Terms is limited to **the greater of (a) the amount you paid us for the report giving rise to the claim, or (b) US $100**. 3. These limits do **not** apply to liability that cannot be limited by law, or to damages caused by our fraud, gross negligence or willful misconduct. Some states do not allow these limitations, so they may not fully apply to you. ## 15. Dispute resolution: individual arbitration and class action waiver **15.1 Talk to us first.** Before starting arbitration or a court case, you and we agree to try to resolve the dispute informally for **60 days** after one side sends the other a written notice describing the dispute and the relief sought. Send notices to [LEGAL EMAIL]. We will send notices to the email on your order. **15.2 Small claims court.** Either side may bring an individual claim in small claims court in **the county where you live** (or where you bought the report), if the claim qualifies. **15.3 Agreement to arbitrate.** Except for small claims cases and claims under Section 15.7, **you and we agree to resolve any dispute arising out of or relating to the Service or these Terms by binding individual arbitration**, including disputes about whether a claim must be arbitrated. The **Federal Arbitration Act** governs this Section 15. **15.4 Rules, location and fees.** - Arbitration will be administered by the **American Arbitration Association (AAA)** under its **Consumer Arbitration Rules** then in effect (adr.org). - Hearings will take place by video, by phone, based on written submissions, or in person in **the county where you live**, at your choice. - **We will pay all AAA filing, administration and arbitrator fees** for claims under US $10,000 that are not found frivolous. For larger claims, fees are allocated under the AAA Consumer Rules, and we will pay any amount required for the clause to be enforceable. - Each side pays its own attorneys' fees unless the arbitrator awards them under applicable law. **15.5 Class action and jury trial waiver.** **You and we may bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding.** The arbitrator may not consolidate claims or award class-wide relief. **You and we waive any right to a jury trial** for claims subject to arbitration. **15.6 Mass filings.** If 25 or more similar arbitration demands are filed against us by or with the help of the same law firm or coordinated counsel, the demands will be administered under the AAA **Mass Arbitration Supplementary Rules**. The statute of limitations for any demand is paused while it waits to be administered. **15.7 Exceptions.** - Either side may seek public injunctive relief in court where the law does not allow it to be waived, but only after the individual arbitration is decided. The court action is paused until then. - Either side may go to court to stop infringement or misuse of intellectual property. - If the class action waiver in Section 15.5 is found unenforceable for any claim, that claim must be decided in court and **not** in class arbitration. **15.8 30-day right to opt out.** **You can opt out of this arbitration agreement** by emailing [LEGAL EMAIL] within **30 days** after you first accept these Terms. Include your name, the email on your order and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. **15.9 Changes to this Section.** If we change this Section 15, the change applies only to disputes that arise after the change takes effect. We will give at least 30 days' notice, and you may reject the change by emailing us within that period. ## 16. Governing law and venue These Terms are governed by the laws of the **State of Wyoming** and applicable federal law, without regard to conflict-of-law rules. **This choice of law does not take away any protection given to you by the laws of the state where you live that cannot be waived by agreement.** For any claim that is not arbitrated, you may bring the case in the state or federal courts for the county where you live, or in the courts located in Wyoming, at your choice. ## 17. State-specific terms - **New Jersey residents.** Sections 13 (Disclaimer of Warranties), 14 (Limitation of Liability) and the indemnity in Section 18 apply only to the extent permitted by New Jersey law, including the Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq.). Nothing in these Terms limits rights you have under New Jersey law. - **California residents.** You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. - **Texas residents.** Nothing in these Terms waives your rights under the Texas Deceptive Trade Practices-Consumer Protection Act. - **North Carolina, Florida, South Carolina, Delaware and Rhode Island.** Orders for these states are not currently accepted. If we begin accepting them, state-specific terms will be added before we do. ## 18. Indemnity You agree to reimburse us for reasonable losses and costs (including reasonable attorneys' fees) resulting from third-party claims caused by **your** misuse of the Service, your breach of these Terms, or your misrepresentation of the report or of facts you provided. This does not apply to claims caused by our own errors or conduct. ## 19. Electronic communications and records By using the Service, you agree that we may provide receipts, reports, notices and these Terms **electronically** (by email or on the website), and that electronic records and your checkbox acceptance have the same effect as signed paper documents. - You need an email account, internet access and software that can open PDF and DOCX files. - You may ask for a paper copy of these Terms or your receipt at no charge by emailing [SUPPORT EMAIL]. - You may withdraw consent to electronic records by emailing us, but we may then be unable to provide the Service, and we will refund any undelivered order. ## 20. Text messages We do not send text messages at launch. If we add text messages, we will ask for your separate consent, and additional SMS terms will apply. ## 21. Changes to the Service or these Terms We may update these Terms. We will post the updated version with a new "Last updated" date, and for material changes we will notify customers with active orders by email. **Each purchase is governed by the Terms you accepted at checkout**, except as described in Section 15.9. We may change, suspend or discontinue any part of the Service. If we cannot deliver a paid report, we will refund you. ## 22. Termination We may suspend or end your access if you violate these Terms or use the Service unlawfully. Sections 4, 5, 7, 10 and 13 through 25 survive termination. ## 23. Complaints If you have a complaint, email [SUPPORT EMAIL]. We aim to respond within 5 business days. ## 24. General - These Terms, with the policies they reference, are the entire agreement between you and us about the Service. - If any provision is found unenforceable, the rest remains in effect, subject to Section 15.7. - Our failure to enforce a provision is not a waiver. - You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets. - Section headings are for convenience only. ## 25. Contact TRENDY APPS LLC · 30 N Gould St Ste N, Sheridan, WY 82801 · [SUPPORT EMAIL]