Terms and Conditions

TERMS AND CONDITIONS

NextGen Estimate LLC

Last Updated: [06.01.2026]

Effective Date: [06.01.2026]

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR PURCHASING ANY SERVICES.

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and NextGen Estimate LLC. By accessing our website or purchasing our Service, you agree to be bound by these Terms in their entirety.

1. INTERPRETATION AND DEFINITIONS

1.1 Interpretation

Words with capitalized initial letters have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural form.

1.2 Definitions

For the purposes of these Terms:

• "Company" (referred to as "the Company," "We," "Us," or "Our") refers to NextGen Estimate LLC, a limited liability company registered in the State of Washington, United States.

• "Service" refers to the digital, photo-based vehicle damage appraisal and estimating services provided by the Company through the Website.

• "Website" refers to nextgenestimate.com and any associated subdomains operated by NextGen Estimate LLC.

• "You," "Your," or "Customer" refers to the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service.

• "Terms" refers to these Terms and Conditions, constituting the entire agreement between You and the Company regarding the Service.

• "Estimate" refers to the written report, valuation, or documentation produced by the Company based on photos and information You provide.

• "Photos" refers to digital images and accompanying information You submit to the Company for the purpose of obtaining an Estimate.

• "Hidden Damage" refers to any vehicle damage not visible in submitted Photos, including but not limited to internal frame damage, suspension damage, mechanical issues, electrical problems, sensor or airbag system damage, or any damage requiring vehicle disassembly to identify.

• "Public Adjuster" refers to a licensed professional who negotiates insurance claims on behalf of policyholders. NextGen Estimate LLC is NOT a Public Adjuster.

• "Restricted States" refers to Massachusetts, Connecticut, Rhode Island, and Hawaii, where the Service is not currently available due to state licensing requirements.

• "Third-Party Payment Processor" refers to Stripe, Shopify Payments, or any other payment platform used to process transactions through the Website.

• "Released Parties" refers collectively to NextGen Estimate LLC, its owners, officers, members, employees, contractors, agents, representatives, and affiliates.

2. ACKNOWLEDGMENT AND AGREEMENT

By accessing, browsing, or purchasing from the Website or using the Service, You acknowledge and agree that:

• You have read these Terms in their entirety and understand them

• You understand the limitations, disclaimers, and risks described herein

• You agree to be legally bound by these Terms

• You have the legal authority to enter into this agreement

• You are at least 18 years of age

• You are a legal resident of the United States

• You are NOT a resident of Massachusetts, Connecticut, Rhode Island, or Hawaii

• You agree to the Privacy Policy and Refund Policy incorporated by reference

If You do not agree with any portion of these Terms, You must immediately discontinue use of the Service and the Website.

These Terms constitute a legally binding contract between You and NextGen Estimate LLC, enforceable under federal and state law, including the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Washington Uniform Electronic Transactions Act.

3. NATURE OF THE SERVICE

3.1 Description of Service

The Service provided by NextGen Estimate LLC is a digital, photo-based vehicle damage appraisal service. The Service consists of:

• Reviewing photographs of vehicle damage You submit

• Analyzing visible damage using AI-assisted technology and human expert review

• Producing a written estimate of repair costs based on industry-standard estimating software

• Delivering the estimate to You in digital format

3.2 Service Availability and State Restrictions

The Service is currently available to residents of 46 U.S. states. Due to state-specific licensing requirements, the Service is NOT available to residents of:

• Massachusetts

• Connecticut

• Rhode Island

• Hawaii

By accessing or purchasing the Service, You represent and warrant that You are NOT a resident of any of the Restricted States listed above.

Misrepresentation of Your state of residence constitutes a material breach of these Terms and may result in:

• Immediate cancellation of Your order without refund

• Permanent termination of access to the Service

• Forfeiture of all fees paid

• Legal action and recovery of any damages or costs

The Company reserves the right to refuse service to anyone for any reason, including but not limited to state of residence.

3.3 NOT A PUBLIC ADJUSTER OR INSURANCE SERVICE PROVIDER

NextGen Estimate LLC is an independent vehicle damage appraisal service. We are explicitly NOT:

• A public adjuster

• An insurance adjuster or insurance company representative

• A licensed insurance agent or broker

• A licensed attorney or legal representative

• A claim handler or settlement negotiator

• A repair facility or body shop

We do NOT:

• Communicate with insurance companies on Your behalf

• Negotiate insurance settlements

• 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

• Authorize or perform vehicle repairs

The Service consists solely of providing professional vehicle damage documentation. How You use this documentation is entirely Your decision and responsibility.

If You require representation in an insurance claim, please contact a licensed public adjuster in Your state. If You require legal advice, please contact a qualified attorney.

3.4 Photo-Based Assessment Limitations

YOU ACKNOWLEDGE AND AGREE that:

PHOTO-ONLY ASSESSMENT:

• All Estimates are based EXCLUSIVELY on Photographs and information YOU provide

• No physical inspection of the vehicle is performed

• Quality and accuracy of the Estimate depend entirely on the quality and completeness of Photos provided

HIDDEN DAMAGE CANNOT BE DETECTED FROM PHOTOS:

• Internal frame and structural damage

• Suspension and mechanical components

• Electrical and sensor systems

• Airbag deployment systems

• Underbody damage not visible in submitted photos

• Any damage requiring vehicle disassembly to identify

ACTUAL COSTS MAY DIFFER SIGNIFICANTLY:

• Real repair costs may significantly exceed Estimates

• Hidden Damage commonly increases repair costs by 25-100% or more

• Total loss determinations may differ from Estimates

• Insurance company assessments may vary from our Estimates

STRONG RECOMMENDATIONS:

The Company strongly recommends that You:

• Obtain a physical inspection by a qualified body shop before finalizing repair decisions

• Allow vehicle disassembly to identify hidden damage

• Obtain diagnostic scans for electronic and sensor damage

• Independently verify any total loss valuation

• Treat the Estimate as informational only, not as a definitive repair cost

4. YOUR REPRESENTATIONS AND WARRANTIES

By submitting Photos, information, or payment to the Company, You represent and warrant that:

• Photos accurately depict ALL visible damage to the vehicle

• You have not concealed or hidden any visible damage

• You have not submitted photos of damage from prior incidents as if they were current damage

• Information about the vehicle is truthful, accurate, and complete

• You are the legal owner of the vehicle OR You have express authority from the owner to request this Service

• You have not misrepresented Your identity, residence, or contact information

• Your use of the Service is for lawful purposes only

• You will not use the Estimate to commit fraud or any illegal act

Breach of any of these representations constitutes a material breach of these Terms and may result in termination of service, forfeiture of fees, and legal action.

5. NO PROFESSIONAL RELIANCE

The Service does not constitute and shall not be interpreted as providing:

• Mechanical or engineering advice

• Legal advice or legal opinion

• Insurance advice or recommendation

• Financial advice

• Repair recommendations or authorization

• Safety certification of any vehicle

You should consult qualified professionals before making any repair, financial, legal, or safety decisions. The Company is not responsible for any actions taken or not taken based on the information provided through the Service.

6. THIRD-PARTY INDEPENDENCE

NextGen Estimate LLC is an independent business entity. We are NOT affiliated with, endorsed by, working for, or responsible for the actions of:

• Any insurance company, carrier, or insurer

• Any insurance adjuster (independent, public, or staff)

• Any body shop, repair facility, or collision center

• Any vehicle manufacturer or dealership

• Any towing or recovery service

• Any attorney or law firm

• Any government or regulatory agency

We make absolutely no guarantees regarding:

• Whether any insurance company will accept our Estimate

• Whether our Estimate matches any insurance adjuster's assessment

• Repair costs at any specific body shop

• Timing of any insurance claim processing

• Settlement amounts or payouts

• Total loss determinations

• Diminished value claims

Any decisions, actions, or inactions by insurance companies, adjusters, repair facilities, attorneys, or any third party are entirely outside our control and responsibility.

You are solely responsible for all communications with Your insurance company, all claim negotiations and decisions, all repair decisions and authorizations, and all financial settlements.

7. ASSUMPTION OF RISK

You voluntarily use the Service with full knowledge and acceptance of the following risks:

• Vehicle conditions and damages may vary significantly

• Digital, photo-based assessments may not identify all existing, hidden, or future issues

• Insurance outcomes are uncertain and outside the Company's control

• Repair costs may significantly exceed Estimates due to Hidden Damage

• Body shops may identify additional damage during disassembly

• Third parties may not accept or rely upon the Estimate

You assume full personal responsibility for all risks associated with any decisions made based on the Service, including but not limited to repair decisions, insurance claim decisions, financial decisions, and decisions regarding vehicle operation or safety.

8. RELEASE AND WAIVER OF LIABILITY

To the maximum extent permitted by applicable law, You voluntarily waive, release, and forever discharge the Released Parties from any and all claims, demands, damages, liabilities, losses, costs, or causes of action, whether known or unknown, arising out of or related to:

• Your access to or use of the Service or Website

• Any Estimate, report, or documentation provided to You

• Your reliance on, use of, or decision to disregard information provided through the Service

• Hidden Damage not identified in photo-based assessment

• Your decision to proceed with, decline, or delay any repairs

• The current, past, or future condition, safety, performance, or operation of any vehicle

• Any action or inaction by any insurance company, adjuster, body shop, or third party

• Decisions by insurance companies regarding Your claim

• Discrepancies between Our Estimate and actual repair costs

This waiver and release applies regardless of the legal theory asserted (including but not limited to negligence, breach of contract, strict liability, or otherwise) and survives termination of Your use of the Service.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, lawsuits, damages, liabilities, losses, costs, and expenses, including reasonable attorney fees and court costs, arising out of or related to:

• Your violation of these Terms or our policies

• Your misuse of the Service or Estimates provided

• Your provision of false, inaccurate, incomplete, or misleading information

• Your provision of incomplete or misleading Photos

• Your misrepresentation of state of residence

• Your use of Estimates for unauthorized commercial purposes

• Your violation of any third party's rights

• Your violation of any applicable law or regulation

• Any decisions, repairs, or actions You take or fail to take based on our Estimates

• Claims by insurance companies, adjusters, or third parties resulting from Your use of our Estimates

• Property damage or personal injury resulting from Your actions or inactions

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

• All court fees and costs

• All expert witness fees

• Any sanctions imposed by the court or arbitrator

• All losses, damages, or expenses incurred by Released Parties

This indemnification obligation survives termination of Your use of the Service.

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 Section 10 (Refund Policy).

10. REFUND POLICY

10.1 Digital Service Nature

Due to the digital and time-intensive nature of our Service, refund eligibility is limited as described below.

10.2 Full Refund Eligibility

You may request a full refund only if ALL of the following conditions are met:

• You have not yet received any communication or work product from the Company

• Less than 24 hours have passed since order placement

• You contact support@nextgenestimate.com BEFORE any work begins on Your order

10.3 Partial Refund Eligibility

A partial refund (up to 50% of fees paid) may be granted at the Company's sole discretion if:

• Order is canceled after work begins but before Estimate delivery

• Photos provided were insufficient to complete the Estimate and could not be supplemented

• Technical issues on Our end prevent Service completion

10.4 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

• Customer dissatisfaction with Estimate amounts (whether higher or lower than expected)

• Changes of mind after report delivery

• Refusal of the Estimate by any third party

10.5 Dispute Resolution Before Chargeback

Before initiating any chargeback or payment dispute, You agree to:

• Contact support@nextgenestimate.com within 7 days of the issue

• Provide complete order details and specific concerns

• Allow 5 business days for the Company to attempt resolution

10.6 Chargeback Policy

Initiating a chargeback without first contacting the Company as described above constitutes a material breach of these Terms and may result in:

• Permanent termination of Service access

• Reporting to fraud prevention databases

• Legal action for recovery of fees, costs, and damages

• Recovery of all expenses incurred in defending against the chargeback

11. LIMITATION OF LIABILITY

11.1 Cap on Damages

To the maximum extent permitted by applicable law, the total cumulative liability of the Released Parties arising from or related to these Terms, the Service, any Estimate or report provided, or any reliance on Service outputs, shall not exceed the LESSER of:

• The amount actually paid by You for the specific Estimate or service at issue; OR

• One hundred dollars ($100.00 USD)

11.2 Excluded Damages

Under no circumstances shall the Released Parties be liable for any:

• 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

11.3 Insurance Outcomes

The Released Parties are absolutely not liable for any insurance claim denials, insurance payout amounts, settlement outcomes, total loss determinations by insurers, or time delays in claim processing.

11.4 Application of Limitation

These limitations apply regardless of the legal theory asserted (including contract, tort, negligence, strict liability, or otherwise) and even if the Released Parties have been advised of the possibility of such damages.

11.5 Jurisdictional Exceptions

Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, the limitations above shall apply to the maximum extent permitted by applicable law.

12. "AS IS" AND "AS AVAILABLE" DISCLAIMER

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties of any kind, including but not limited to:

• Warranties of merchantability

• Warranties of fitness for a particular purpose

• Warranties of accuracy or completeness

• Warranties of non-infringement

• Warranties arising from course of dealing or trade practice

The Company does not warrant that the Service will:

• Meet Your specific requirements

• Be uninterrupted, timely, secure, or error-free

• Produce results that meet Your expectations

• Be accepted by any third party (including insurance companies)

• Identify all damage present in any vehicle

13. INTELLECTUAL PROPERTY

13.1 Company Materials

All content on the Website and within the Service, including but not limited to:

• Reports, Estimates, templates, and documentation formats

• Text, graphics, logos, icons, and images

• Software, AI models, and proprietary algorithms

• User interface designs and layouts

• Photo guides and instructional materials

...are the exclusive intellectual property of NextGen Estimate LLC and are protected by copyright, trademark, trade secret, and other applicable laws.

13.2 Limited License to Use

Upon payment, You receive a limited, non-exclusive, non-transferable, revocable license to:

• Use the Estimate for Your personal, non-commercial purposes

• Share the report with Your chosen body shop, repair facility, or advisors

• Reference the report in personal correspondence

• Print one (1) physical copy for personal records

13.3 Restrictions

You may NOT:

• Resell, redistribute, or republish reports for commercial purposes

• Use reports for commercial purposes without prior written consent

• Remove copyright notices or branding from reports

• Modify, alter, or misrepresent the report contents

• Use reports to compete with the Company

• Use the Company's name, logos, or branding without permission

• Reverse engineer the Service or its underlying technology

13.4 User-Provided Content

Photos and information You submit remain Your property. However, You grant the Company a non-exclusive, royalty-free license to:

• Use submitted materials to fulfill the Service

• Store materials in encrypted cloud storage for the retention period specified in our Privacy Policy

• Use anonymized and aggregated data for Service improvement and training of AI systems

14. USE OF ARTIFICIAL INTELLIGENCE

The Service utilizes artificial intelligence (AI) and machine learning technology to analyze photographs and assist in preparing Estimates.

You acknowledge and agree that:

• AI is one component of the estimation process

• AI analysis is supplemented by human expert review

• AI may not identify all damage visible in Photos

• AI accuracy depends on Photo quality and completeness

• AI technology is continuously improving but is not infallible

• Final Estimates incorporate both AI analysis and human review

The Company does not guarantee perfect accuracy of AI-assisted Estimates. All limitations described in these Terms (including photo-only assessment limitations) apply equally to AI-assisted portions of the Service.

15. ELECTRONIC COMMUNICATIONS AND SIGNATURES

By using the Service, You consent to receive:

• Email communications regarding Your order and account

• SMS/text message updates (if You provide a phone number)

• Electronic delivery of Estimates and reports

• Service-related announcements and policy updates

• Marketing communications (which You may opt out of at any time)

You may opt out of marketing communications at any time by following the unsubscribe instructions in those communications. However, You cannot opt out of essential service communications while maintaining an active order.

Electronic signatures, including checkbox confirmations and "click-to-agree" mechanisms, have the same legal effect as physical signatures under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Washington Uniform Electronic Transactions Act (WUETA), and applicable state laws.

16. TERMINATION

16.1 Grounds for Termination

The Company may suspend or terminate Your access to the Service immediately, without notice or liability, for any reason, including but not limited to:

• Violation of these Terms

• Misuse of the Service

• Providing false, fraudulent, or misleading information

• Misrepresenting state of residence

• Unauthorized chargebacks or payment disputes

• Abusive behavior toward Company staff

• Use of Service for commercial competition

• Suspected illegal activity

• Violations of applicable law

16.2 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases

• Pending orders may be canceled without refund

• Previously delivered reports remain subject to license restrictions

• Disclaimer, indemnification, and liability sections survive termination

16.3 Reinstatement

The Company reserves the right to refuse reinstatement to terminated accounts at its sole discretion.

17. DISPUTE RESOLUTION

17.1 Informal Resolution First

Before initiating arbitration or any legal action, You agree to first attempt to resolve any dispute informally by contacting support@nextgenestimate.com. The Company will make good faith efforts to resolve the dispute within thirty (30) days of receiving Your written notice.

17.2 Mandatory Binding Arbitration

If the dispute is not resolved within 30 days through informal discussions, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding individual arbitration.

Arbitration shall be:

• Administered by the American Arbitration Association (AAA)

• Conducted under the AAA Consumer Arbitration Rules

• Held in Clark County, Washington, OR by video/telephone conference at the Company's discretion

• Governed by the laws of the State of Washington

• Decided by a single arbitrator

17.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT:

• 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 participate in any class-wide arbitration

• You waive Your right to a jury trial

• The arbitrator may not consolidate more than one person's claims

• The arbitrator may not preside over any form of representative or class proceeding

17.4 Exception for Equitable Relief

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Washington State to prevent irreparable harm or to enforce intellectual property rights.

17.5 Survival

This arbitration agreement survives termination of Your use of the Service.

18. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict-of-law principles. The federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 17.

Any legal action permitted under these Terms (other than arbitration) shall be brought exclusively in the state or federal courts located in Clark County, Washington, and You hereby consent to the personal jurisdiction of such courts.

19. FORCE MAJEURE

The Company shall not be liable for any delay or failure to perform under these Terms due to events beyond reasonable control, including but not limited to:

• Natural disasters, weather events, fires, floods, earthquakes

• Pandemics or public health emergencies

• Government actions, regulations, or restrictions

• Technology failures, internet outages, cyber attacks

• Third-party service provider failures (Stripe, cloud storage, etc.)

• War, terrorism, civil unrest

• Strikes or labor disputes

• Power outages or infrastructure failures

During such events, the Company will make reasonable efforts to fulfill orders but may extend turnaround times or temporarily suspend Service without liability.

20. PRIVACY AND DATA HANDLING

Your privacy and data security are important to Us. The Company's collection, use, storage, and protection of information You provide is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key data practices:

• Photos are stored in encrypted cloud storage

• Personal information is not sold to third parties

• Photos may be deleted after the retention period specified in our Privacy Policy

• You may request data deletion subject to legal retention requirements

See our Privacy Policy for complete details on data handling, cookies, third-party services, and Your rights.

21. CALIFORNIA RESIDENT RIGHTS

If You are a California resident, You may have additional rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and California Civil Code Section 1789.3.

To exercise these rights or for complaints, contact:

• NextGen Estimate LLC: support@nextgenestimate.com

California residents may also contact the California Department of Consumer Affairs:

• Complaint Assistance Unit

• Division of Consumer Services

• Department of Consumer Affairs

• 1625 North Market Blvd., Suite N 112

• Sacramento, CA 95834

• Phone: (800) 952-5210

22. SEVERABILITY AND WAIVER

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall remain in full force and effect.

Failure by the Company to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

23. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Refund Policy, and Service Agreement, constitute the entire agreement between You and NextGen Estimate LLC regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and the Company.

No modification of these Terms shall be effective unless made in writing and either posted on the Website or signed by an authorized representative of the Company.

24. CHANGES TO THESE TERMS

The Company reserves the right to modify these Terms at any time at its sole discretion.

When changes are made:

• Updated Terms will be posted on the Website with a revised "Last Updated" date

• Material changes will be communicated via email when reasonably possible

• Continued use of the Service after changes constitutes acceptance of the revised Terms

It is Your responsibility to review these Terms periodically. If You do not agree with any modifications, You must discontinue use of the Service.

25. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, please contact:

NextGen Estimate LLC

Email: support@nextgenestimate.com

Website: nextgenestimate.com

State of Registration: Washington, United States

ACKNOWLEDGMENT

BY USING THE SERVICE OR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.