SERVICE AGREEMENT

SERVICE AGREEMENT
NextGen Estimate LLC
Independent Vehicle Damage Appraisal Services
Document Version: 2.0
Last Updated: [Month Day, Year]

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING YOUR ORDER. BY CHECKING THE ACCEPTANCE BOXES AND COMPLETING PAYMENT, YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS IN THIS AGREEMENT.
This Service Agreement ("Agreement") is entered into between NextGen Estimate LLC, a Washington limited liability company ("Company," "we," "us," "our"), and the customer identified at the time of order placement ("Customer," "you," "your").

0. HOW THIS AGREEMENT IS ACCEPTED
This Service Agreement is presented to you during the checkout process on nextgenestimate.com. You accept this Agreement by:
    •    Checking the acceptance box(es) on the checkout page
    •    Completing your payment
By taking these actions, you confirm that:
    •    You have had the opportunity to review this Service Agreement in full
    •    You have read and understand all terms
    •    You agree to be legally bound by this Agreement
    •    You are voluntarily entering this Agreement
Your acceptance creates a legally binding agreement under:
    •    Federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act)
    •    Washington Uniform Electronic Transactions Act (WUETA)
    •    Applicable state and federal contract laws
0.1 Record of Your Acceptance
When you accept this Agreement, the following information is automatically recorded by our systems and constitutes proof of your acceptance:
    •    Date and timestamp of acceptance
    •    Your IP address
    •    Browser and device information
    •    Version of this Agreement displayed to you
    •    Order number and transaction details
    •    Confirmation of checkbox acceptance
This record will be retained for a minimum of seven (7) years and may be used as evidence of your acceptance. You may request a copy at any time by contacting support@nextgenestimate.com.
0.2 Acceptance Without Signature
This Agreement does not require a handwritten or typed signature. Your acceptance through the checkout process has the same legal force and effect as a handwritten signature under applicable law.

1. CUSTOMER ACKNOWLEDGMENTS AND REPRESENTATIONS
By accepting this Agreement, you acknowledge, agree, and confirm the following:
1.1 Age and Legal Capacity
    •    You are at least 18 years of age
    •    You have the legal capacity to enter into this Agreement
    •    You are entering this Agreement voluntarily and without coercion
    •    You have had the opportunity to read and understand all terms
1.2 State of Residence Eligibility
You represent and warrant that you are NOT a resident of any of the following Restricted States:
    •    Massachusetts
    •    Connecticut
    •    Rhode Island
    •    Hawaii
You understand that:
    •    The Service is not available in these Restricted States due to state-specific licensing requirements
    •    Misrepresentation of your state of residence is a material breach of this Agreement
    •    Such misrepresentation may result in immediate order cancellation, forfeiture of fees, and legal action
1.3 Vehicle Ownership or Authorization
    •    You are the legal owner of the vehicle being assessed, OR
    •    You have express authorization from the legal owner to request this Service
    •    You have authority to enter into this Agreement regarding the vehicle

2. UNDERSTANDING OF SERVICE NATURE
2.1 What the Service IS
You understand that NextGen Estimate LLC provides:
    •    Photo-based vehicle damage appraisal services only
    •    Written estimates based exclusively on photos you provide
    •    Professional documentation for your independent use
    •    AI-assisted analysis supplemented by human expert review
    •    Industry-standard formatted reports
2.2 What the Service is NOT
You explicitly understand that the Company does NOT provide:
    •    Physical vehicle inspections
    •    Repair services or repair authorization
    •    Insurance claim handling, negotiation, or representation
    •    Legal representation or legal advice
    •    Public adjuster services
    •    Guaranteed insurance outcomes or settlements
    •    Total loss declarations or determinations
    •    Diminished value claim filing
    •    Mediation or dispute resolution with insurers

3. NOT A PUBLIC ADJUSTER OR INSURANCE REPRESENTATIVE
YOU ACKNOWLEDGE THAT NEXTGEN ESTIMATE LLC IS NOT A PUBLIC ADJUSTER, INSURANCE ADJUSTER, OR INSURANCE COMPANY REPRESENTATIVE.
You understand and acknowledge that the Company is explicitly NOT:
    •    A public adjuster (licensed or unlicensed)
    •    An insurance adjuster of any kind
    •    An insurance company representative or employee
    •    A licensed insurance agent or broker
    •    A licensed attorney or legal representative
    •    A claim handler or settlement negotiator
    •    A licensed appraiser in states requiring such licensing
You understand that the Company will NOT:
    •    Communicate with your insurance company on your behalf
    •    Negotiate your insurance settlement
    •    Represent you in any insurance claim or dispute
    •    Handle claim paperwork or submissions
    •    Provide legal advice or representation
    •    Guarantee any insurance outcome, payout, or acceptance
    •    Communicate with body shops or repair facilities on your behalf
    •    Authorize or arrange vehicle repairs
If you require representation in an insurance claim, contact a licensed public adjuster in your state. If you require legal advice, contact a qualified attorney.

4. PHOTO-BASED ASSESSMENT LIMITATIONS
CRITICAL: PHOTOS CANNOT REVEAL HIDDEN DAMAGE. ACTUAL REPAIR COSTS MAY BE SIGNIFICANTLY HIGHER THAN ESTIMATED.
4.1 Photo Quality Dependency
You understand and accept that:
    •    Your Estimate quality depends entirely on photo quality you provide
    •    Poor lighting, blurry images, or incomplete angles result in less accurate estimates
    •    The Company may request additional photos if needed
    •    If you provide insufficient photos, your estimate may be inaccurate or incomplete
4.2 Hidden Damage Cannot Be Detected
You understand that photo-based assessment CANNOT identify:
    •    Internal frame and structural damage
    •    Suspension component damage
    •    Mechanical system damage
    •    Electrical system damage
    •    Airbag system damage or deployment readiness
    •    Sensor and electronic module damage
    •    Underbody damage not visible from external angles
    •    Engine, transmission, or drivetrain damage
    •    Cooling system damage
    •    Any damage requiring vehicle disassembly to identify
    •    Damage hidden by intact body panels
    •    Pre-existing wear and tear that may complicate repairs
4.3 Actual Costs May Significantly Differ
You acknowledge that:
    •    Real repair costs may significantly exceed the Estimate amount
    •    Hidden Damage commonly increases repair costs by 25% to 100% or more
    •    Total loss determinations may differ between Estimate and actual assessment
    •    Insurance company assessments may vary from this Estimate
    •    Body shop pricing varies by geographic location and facility
    •    Parts availability and pricing fluctuate over time
    •    OEM vs aftermarket parts decisions affect total cost
4.4 Strong Recommendations
The Company strongly recommends that you:
    •    Obtain a physical inspection by a qualified body shop
    •    Allow vehicle disassembly to identify hidden damage
    •    Obtain diagnostic scans for electronic and sensor damage
    •    Get multiple repair quotes for comparison
    •    Independently verify any total loss valuation
    •    Treat this Estimate as informational only, not as a definitive repair cost

5. YOUR REPRESENTATIONS AND WARRANTIES
By submitting photos and information, you represent and warrant that:
5.1 Accuracy of Photos
    •    Photos accurately depict ALL visible damage to your vehicle
    •    You have not concealed or hidden any visible damage
    •    You have not edited, altered, or manipulated photos
    •    Photos were taken within a reasonable time of the damage occurrence
    •    Photos show the actual vehicle being assessed
5.2 Honesty of Information
    •    You have not submitted photos of damage from prior incidents as if they were current
    •    Information about your vehicle is truthful, accurate, and complete
    •    Vehicle identification information (VIN, year, make, model) is accurate
    •    Mileage information is approximately correct
    •    You have disclosed any pre-existing damage when requested
5.3 No Fraud or Misrepresentation
    •    You are not using this Service to commit insurance fraud
    •    You are not misrepresenting your identity or contact information
    •    You are not using the Service for any unlawful purpose
    •    Your use of any Estimate will be lawful and ethical
VIOLATION OF THESE REPRESENTATIONS MAY RESULT IN: (1) IMMEDIATE TERMINATION OF SERVICE, (2) FORFEITURE OF FEES PAID, (3) REPORTING TO LAW ENFORCEMENT WHERE APPROPRIATE, AND (4) FULL LEGAL LIABILITY FOR ANY DAMAGES INCURRED BY THE COMPANY.

6. VOLUNTARY USE AND ASSUMPTION OF RISK
You voluntarily use the Service with full knowledge and acceptance of:
    •    The photo-based nature of the assessment
    •    The inherent limitations of remote estimation
    •    The possibility of hidden damage not identified
    •    The lack of guaranteed insurance outcomes
    •    The independent nature of the Company (not affiliated with insurance companies)
    •    The non-binding nature of the Estimate
    •    That insurance companies may reject, dispute, or modify estimates
    •    That body shops may identify additional damage during repair
You take full personal responsibility for:
    •    Any decisions you make based on the Estimate
    •    Your communications with insurance companies
    •    Your repair decisions and authorizations
    •    Your financial settlements
    •    Your choice of repair facility
    •    Any consequences of using or sharing this Estimate
    •    The safety and operation of your vehicle

7. WAIVER AND RELEASE OF LIABILITY
To the maximum extent permitted by law, you voluntarily waive, release, and forever discharge NextGen Estimate LLC, its owners, officers, members, employees, contractors, agents, representatives, and affiliates ("Released Parties") from any and all claims, demands, damages, liabilities, losses, costs, or causes of action, whether known or unknown, current or future, arising from or related to:
    •    Your use of the Service
    •    Any Estimate or report provided to you
    •    Hidden damage not identified in photo-based assessment
    •    Decisions by insurance companies regarding your claim
    •    Decisions by body shops regarding repair costs
    •    Your reliance on or use of the Estimate
    •    Your decisions to proceed with, delay, or decline repairs
    •    The current, past, or future condition of your vehicle
    •    The safety, performance, or operation of your vehicle
    •    Any actions or inactions by third parties (insurers, body shops, attorneys, etc.)
    •    Discrepancies between the Estimate and actual repair costs
    •    Discrepancies between the Estimate and insurance assessments
    •    Any economic loss, including loss of vehicle value, rental costs, or business interruption
This release applies regardless of the legal theory asserted (including negligence, breach of contract, strict liability, or otherwise) and survives the termination of this Agreement.

8. INDEMNIFICATION
If you initiate any claim, lawsuit, arbitration, or legal action against the Released Parties for any reason related to the Service, and the Released Parties prevail in such action, you agree to:
    •    Reimburse all reasonable attorney fees incurred by Released Parties
    •    Reimburse all court fees and costs
    •    Reimburse all expert witness fees
    •    Reimburse all arbitration fees and costs
    •    Compensate for any losses, damages, or expenses incurred
    •    Pay any sanctions imposed by the court or arbitrator
You further agree to defend, indemnify, and hold harmless the Released Parties from any third-party claims arising from:
    •    Your violation of this Agreement
    •    Your misuse of the Service or Estimates
    •    Your provision of false or misleading information
    •    Your violation of any third party's rights
    •    Your violation of applicable laws or regulations
    •    Property damage or personal injury resulting from your actions or inactions
EXCEPTION: This indemnification does not limit your right to dispute charges through your bank or payment processor in accordance with applicable consumer protection law, provided you first contact the Company as required by the Refund Policy.

9. LIMITATION OF LIABILITY
THE COMPANY'S MAXIMUM LIABILITY IS LIMITED TO THE LESSER OF (A) THE FEE YOU PAID OR (B) ONE HUNDRED DOLLARS ($100.00).
9.1 Cap on Damages
The maximum total liability of NextGen Estimate LLC for any and all claims arising from or related to the Service shall not exceed the LESSER of:
    •    The amount you actually paid for the specific Estimate or service at issue; OR
    •    One hundred dollars ($100.00 USD)
9.2 Excluded Damages
Under no circumstances shall the Released Parties be liable for:
    •    Indirect, incidental, special, exemplary, punitive, or consequential damages
    •    Loss of profits, revenue, business opportunity, or anticipated savings
    •    Loss of data, documents, or photographs
    •    Loss of vehicle use or rental car expenses
    •    Loss of insurance benefits or coverage
    •    Diminished vehicle value
    •    Repair cost overruns beyond Estimate amounts
    •    Insurance company denials, underpayments, or delays
    •    Damage discovered after photos were submitted
    •    Decisions made by third parties (insurers, shops, attorneys)
    •    Personal injury or property damage of any kind
    •    Emotional distress or loss of enjoyment

10. REFUND POLICY ACKNOWLEDGMENT
You understand and accept the Refund Policy:
10.1 Refund Eligibility
Full refund possible if:
    •    You request a refund BEFORE work begins on your order
    •    Less than 24 hours have passed since order placement
    •    You contact support@nextgenestimate.com promptly
Partial refund possible (at Company's discretion) if:
    •    Order is canceled after work begins but before estimate delivery
    •    Photos provided were insufficient and could not be supplemented
    •    Technical issues on our end prevent service completion
10.2 No Refund Circumstances
NO refunds will be issued for:
    •    Completed estimates already delivered to you
    •    Estimates rejected, disputed, or modified by insurance companies
    •    Discovery of Hidden Damage not visible in original photos
    •    Disagreements about repair costs with body shops or insurers
    •    Dissatisfaction with estimate amounts
    •    Changes of mind after report delivery
    •    Refusal of the estimate by any third party
10.3 Chargeback Restriction
You agree NOT to initiate a chargeback without first:
    •    Contacting support@nextgenestimate.com within 7 days of the issue
    •    Providing complete order details and specific concerns
    •    Allowing 5 business days for the Company to attempt resolution
Initiating a chargeback without first contacting the Company is a material breach of this Agreement.

11. DISPUTE RESOLUTION AND ARBITRATION
Any disputes shall be resolved through:
11.1 Informal Resolution First
    •    Initial contact at support@nextgenestimate.com
    •    Good-faith effort to resolve within 30 days
11.2 Binding Arbitration
If unresolved after 30 days, disputes shall be resolved through:
    •    Binding individual arbitration administered by the American Arbitration Association (AAA)
    •    Under the AAA Consumer Arbitration Rules
    •    Held in Clark County, Washington, OR via video conference at Company's discretion
    •    Decided by a single arbitrator
    •    Governed by the laws of the State of Washington
11.3 Class Action Waiver
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, AND JURY TRIALS. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY.
    •    You waive your right to participate in any class action lawsuit
    •    You waive your right to class-wide arbitration
    •    You waive your right to a jury trial
    •    All claims must be brought individually

12. INCORPORATION OF OTHER DOCUMENTS
This Service Agreement is part of a larger set of legal documents. You acknowledge that you have access to and agree to be bound by:
    •    Terms and Conditions (available at nextgenestimate.com)
    •    Privacy Policy (available at nextgenestimate.com)
    •    Refund Policy (available at nextgenestimate.com)
In the event of any conflict between this Service Agreement and the Terms and Conditions, the document providing greater protection to the Company shall govern.

13. SEVERABILITY
If any provision of this Agreement is found unenforceable:
    •    That provision shall be modified to the minimum extent necessary to make it enforceable
    •    If modification is not possible, that provision shall be severed from this Agreement
    •    All remaining provisions shall remain in full force and effect

14. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with:
    •    The laws of the State of Washington, United States
    •    Without regard to conflict-of-law principles
    •    Federal Arbitration Act for arbitration provisions
Any legal action (other than arbitration as required by Section 11) shall be brought exclusively in state or federal courts located in Clark County, Washington.

15. ACCEPTANCE CONFIRMATION
BY CHECKING THE ACCEPTANCE BOXES AND COMPLETING PAYMENT, YOU CONFIRM ALL OF THE FOLLOWING:
You confirm and certify that:
    •    You have read this entire Service Agreement
    •    You understand all of its terms and limitations
    •    You have had the opportunity to ask questions before accepting
    •    You are accepting voluntarily without coercion or duress
    •    You are of legal age and have mental capacity to agree
    •    You have read the Terms of Service and Privacy Policy
    •    You understand the photo-based nature of the Service
    •    You understand the limitations of the Service
    •    You accept all risks associated with your use of the Service
    •    You agree to all waivers, releases, and limitations contained herein
    •    You are NOT a resident of MA, CT, RI, or HI
    •    You are at least 18 years of age

Your acceptance is confirmed through:
    •    Checking the required acceptance boxes on the checkout page
    •    Completing payment for your order
    •    Receiving confirmation email with your order details

NextGen Estimate LLC
support@nextgenestimate.com
nextgenestimate.com
State of Washington, United States
Document Version: 2.0 | Last Updated: [Month Day, Year]
© 2025 NextGen Estimate LLC. All rights reserved.