Terms & Conditions

Privacy Notice
Effective: Aug 17, 2020
V 1.2.0
Thank you for trusting sureti.

These terms (“Terms”) govern your use of our various products and services in the country where you live (collectively, our “Services”) and they are provided to you by sureti Corporation. By using our Services (including using our App(s) or creating a user account, for example), you are agreeing to these Terms, including that you are of legal age to enter into binding contracts, so please read them carefully. You are also agreeing that you have authority to agree to these Terms, whether personally or on behalf of an entity you’ve included in your user account registration.

If you don’t agree to these Terms, you may not use our Services. We may amend these Terms from time to time, and the revised version will be effective when posted on this website or otherwise made available to you. The revised Terms supersede any previous versions. While we will provide you advance notice of any important revisions, we do recommend that you regularly review these Terms because your continued use of our Services after we make any changes to them constitutes your agreement to those changes. These Terms also expressly supersede any prior agreements or arrangements we may have with you. You may of course stop using our Services at any time, and we may terminate these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time in our sole discretion.

Please note that your home city may also have additional terms and conditions that you should be aware of when you use our Services – you are responsible for determining if there are any for your city.

IMPORTANT NOTE ON ARBITRATION: PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION IN SECTION 17, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION WORKS.

 

What sureti Offers

 

sureti was founded on the simple idea that it could be done better. For the last 30 years, Policyholders (and subsequently Contractors) have struggled to cash two-party property insurance proceeds checks. This whole process was rife with distrust, waste and utter nonsense. It saddled the mortgage lenders with an administrative burden and ever increasing inspection costs while simultaneously delaying construction, which drove up additional living expense costs for the Insurance Carriers. It was a lose-lose all the way around.

Our Services simply transcend the nonsense and, in constant pursuit of perfection, we are continually evolving, automating and expanding our Services. In these Terms, we often refer to these as a “Product” or all them collectively as “Products”. Our Services also include our mobile application (the “App”), web portal (“sureti Console”), and company website (including this one), and any other information, technology and services provided or otherwise made available to you at our discretion. Our Services may come with additional terms or product requirements, which we will make available to you with the relevant Services and they will become part of your agreement with us when you use them. Please note that we are not a common service provider, we offer our Services as a convenience to those with qualifying circumstances.

 

Your sureti User Account

 

Account Set Up. You need an account to use our Services, which depending on your intended use, may require a mix of the following: Policyholders will be expected to upload a valid acceptable form of government issued identification augmented by the last four digits of their Social Security number. Alternatively, Restoration Contractors that seek to leverage expedited reimbursement requires the user upload ACH banking information that is often processed via third-party payment processor (Plaid). sureti does receive or store this information ourselves. Thus, it is advisable to create a username and a strong password that you don’t share with anyone – your account is personal to you and not intended for anyone else, and you are responsible for all activity that occurs under it. Let us know immediately if you suspect unauthorized use of your account. We have the right to provide your various account details (like billing, account, content or use records and related information) if required by law (which may include mandated government collection of data), or to protect our rights, customers or business.

A Note on Fraud. We take it seriously, both for your protection and ours. If we suspect that any information you’ve provided is inaccurate, incomplete or fraudulent, we may suspend or terminate your account until the issue is resolved. During that time, you will lose access to some or all of our Services, either temporarily or permanently. If the issue is not resolved in a reasonable amount of time, the insurance proceeds that have yet to be distributed to the Policyholder are often returned to the first lienholder (less the applicable sureti processing fee).

Using the App(s)/Web Console and our Services/Products. Please understand that for risk management related reasons, we reserve the right to accept or reject any check processing requests, and your receipt of our initial confirmation does not necessarily equal acceptance or constitute confirmation of our offer to make the Services available in any particular instance. If your check is mailed to sureti and subsequently rejected, we will make all reasonable efforts to return the original two-party check to you (to the extent feasible) provided the check has not already been cashed by your lender.

A Few Essential Rules. We are not responsible for the behavior and/or business practices of your mortgage lender, insurance carrier or restoration contractor. Unfortunately, there are a few bad apples out there, and if processing your check becomes untenable due to an external blocker(s), we will do our very best to point you in the right direction. Our interests are aligned, the quickest path to sureti assessing our processing fee requires the insurance proceeds being distributed to sureti Contractors that was selected for by the Policyholder at the outset.  If you leverage sureti to process a two-party check, you do so under the premise that you will use the insurance proceeds to return the property to pre-loss condition. To the extent that you engage sureti and you don’t intend to restore the property to pre-loss condition, you will have used our Services in bad faith. As a result, sureti retains the right to file a judgment against the bad faith actors in an effort to recoup fraudulently obtained insurance proceeds in addition to attorney fees (as applicable). Please don’t abuse our service offering – if you’re intending to participate in fraud, we would prefer to take a pass.

 

Financial Terms

 

Pricing & Payment. You may use our Services on a per-check basis. sureti maintains a database of Restoration Contractors and Mortgage Lenders/Servicers that are trusted partners. Many of these entities have earned and/or negotiated a reduction to the standard fee schedules.

Processing fees incurred by the Mortgage Lenders/Servicers and Restoration Contractors can both be found in the sureti Console under their respective Admin profiles.

Although not customary, we may change the pricing for our Services as we deem necessary or appropriate for our business. We will make reasonable efforts to notify users of material changes to pricing. Our pricing is exclusive of taxes (like sales and value added) and other applicable governmental charges. All of these will be assessed against distributions, or otherwise charged to you via a digital payment method depending on the scenario.

We will automatically charge and withhold the applicable taxes if required by law. All payments to us are made through a third party payment processor in the form of payment accepted by them. If you disagree with any fees we have applied, you are required to notify us at support@sureti.com within thirty (30) business days from the time in which the disputed fees were applied.

Affiliate Codes. We may provide our partners with affiliate codes that result in discounted fees. Please understand that these are promotional offers, are only redeemable via the sureti App or Console, and we may modify or cancel them at any time. The affiliate codes can’t be combined with other offers, they will expire in accordance with their terms and are not transferable or permitted to be resold.

 

Subscriptions

 

If your account meets certain conditions, you may access premium features by purchasing a monthly subscription. There are some additional rules about subscriptions:

Your subscription will be assessed on the first of each month. Stripe, our third-party payment processor will automatically charge your preferred payment method. If the transaction fails, we may attempt assess the subscription fee again. The applicable price is the price at the time you initiate the subscription. Unless otherwise specified in the company specific Master Service Agreement, we reserve the right to change prices , and we do not provide price protection or refunds in the event of a price drop or promotional offering. We’ll automatically bill and charge you each month during the term of your subscription.

We may offer a variety of subscription plans, including free trials, discounted pricing for limited times or special third-party promotional plans that may have different or additional terms disclosed to you at or before sign-up. With free trials, some credit card companies may place a temporary hold on your payment method for your first payment. We reserve the right to modify, terminate or otherwise amend any subscription membership plans.

Your subscription will automatically renew and it will continue indefinitely unless you cancel it before the end of your then current subscription term. We may cancel your subscription for any or no reason with thirty (30) days prior written notice to you. Account Admins can downgrade their account via the sureti Console, but if it’s in the middle of your subscription term, you will not receive a refund for partial months and it may mean you forfeit any subscription fee. We may also cancel your subscription if you fail to pay amounts due, or if you are in material breach of these Terms.

Your subscription will automatically renew and it will continue indefinitely unless you cancel it before the end of your then current subscription term. Our pricing and applicable taxes and fees may change over time, so the pricing from one subscription term to the next may be different. We reserve the right to change subscription pricing at any time, but if we do, we’ll give you notice of such change first (this might be in-App or other electronic communication). If you don’t agree with the new pricing, you can cancel your subscription.

You have thirty (30) days from the day charges appear on your account statement to dispute them – after that, you are deemed to have accepted these charges.

Fines and Fees. When you are using our Services, you must comply with the laws that apply to you. We cooperate with all governmental officials in their enforcement of the applicable laws, and for expediency, we may pay amounts you owe on your behalf and provide any necessary information requested or required by the applicable government agencies. If we do so, you are required to pay us back plus a reasonable administrative fee plus any applicable costs associated with third-party collection or administrative agents if we have to use them to resolve the issue. By agreeing to these Terms, you agree that we may charge these amounts to your preferred payment method indicated in your account, and we may need to contact you for additional information.

Warranty Disclaimers. We provide our Services using a commercially reasonable level of skill and care, and while we strive for the highest quality in everything we do, there are certain things we cannot promise of our Services. For example, sureti in no way intends to warranty the on- site workmanship performed by Restoration Contractors. WE PROVIDE OUR SERVICES “AS IS” AND “AS AVAILABLE.” OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, THE RELEASED PARTIES (WHICH WE DEFINE IN THE NEXT PARAGRAPH) DO NOT MAKE ANY SPECIFIC PROMISES ABOUT ANY SERVICES, WHETHER ABOUT THE SPECIFIC FUNCTIONS OF SUCH SERVICES, THEIR RELIABILITY, QUALITY, AVAILABILITY OR ABILITY TO MEET YOUR SPECIFIC NEEDS OR OTHERWISE, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE AND OUR RELEASED PARTIES EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability. WHEN PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO US$100. IN ALL CASES, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

THE PROVISIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.

When we use the term “Released Parties” in these Terms, we mean (i) us and our affiliates and subsidiaries and our and their respective owners, managers, officers, employees, directors, agents, representatives, successors, assigns, licensees, distributors, vendors and third parties with whom we authorize or otherwise partner with to distribute, market or otherwise commercialize the Services, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to operate any of the Services, (iii) owners and ground lessees of the property (including all of their respective elected  and appointed officers, officials, employees and agents) which authorize us to operate any of the Services on its premises, and (iv) to the extent you access the Services using a third party application, website, content, product or service, that third party and all of its affiliates and subsidiaries and each of their respective owners, managers, officers, employees, directors, agents, representatives, successors and assigns.

Indemnity. You agree to indemnify and hold the Released Parties harmless from any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including attorneys’ fees and court costs) arising out of or in connection with (i) your use of the Services (including the payment of fines and other fees in Section 6 above), (ii) your breach or violation of any of these Terms or any applicable law, (iii) any of the Released Parties’ use of your content discussed in Section 13, or (iv) your violation of the rights of any third party. The Released Parties reserve the right to assume the exclusive defense of any of the foregoing, and you agree not to settle any of the foregoing without the applicable Released Parties’ prior written consent. You agree that the obligations in this Section 9 will survive any termination of these Terms, your user account or your access to our Services generally.

Your Personal Information. Our collection and use of personal information in connection with the Services is set forth in our Privacy Policy found at [sureti.com/privacy-policy].

Text Messages and Telephone Calls. Unless you opt-out, you agree that we may contact you by telephone, SMS or text message (including through use of an automatic telephone dialing system) at the phone numbers you have provided to us, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You may opt-out of receiving telephone calls, SMS or text messages from us at any time, either by texting the word “STOP” in response to a text message received from us using the mobile device that is receiving the messages, by contacting us at support@sureti.com.

Intellectual Property. Our Limited License to You: Subject to these Terms, we grant you a limited, non-exclusive, non sublicensable, revocable, non-transferable license to access and use the sureti and suretiPRO Apps, sureti Console and our related software and services solely for your use of our Services. Any rights not expressly granted herein are reserved by us and our licensors. You are not allowed to copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of the Services or software, unless laws prohibit these restrictions or you have our written permission to do so. You agree to not cause an unreasonably large load on our Services’ infrastructure, nor to use any robots, spiders, scrapers or other automated means to access our Services, nor try to interfere with the proper working of our Service or attempt to bypass any of our security measures to access the Services.

Ownership. The Services are our exclusive property, and your use of them does not transfer any ownership rights to you. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and except for the limited license granted to you above, all rights therein (including all intellectual property) belong to us or our licensors. You may not use content from our Services without our express prior permission or as otherwise permitted by law. These Terms do not grant you the right to use any trademarks, branding or logos used in our Services or otherwise, including in any advertising or publicity or to imply our endorsement in any way. Please do not obscure or alter any legal notices displayed in, along with or in connection with our Services.

Digital Millennium Copyright Act & Claims of Copyright Infringement. Content Provided by You: You may at times be invited to submit 3D scan data and other information (henceforth referred to as “Digital Assets”) to us. You inherently relinquish ownership of these Digital Assets and we ask that you make sure you have the right to submit it to us in the first place because when you submit it, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute it as well as your name, voice and/or likeness if also submitted. This license continues even if you stop using our Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. However, any sensitive content you submit is deemed confidential and best efforts will be made to scrub the data of any personal identification information prior to circulation.

Do not submit any content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive (we will be the judge of whether your content meets any of these descriptions). The same goes for “spam” or unsolicited advertising. We have the right, but not the obligation, to review, monitor or remove your content at any time for any reason without notice.

Third-Party Services and Content. The Services may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. We don’t endorse these third party services and content and we are not responsible or liable for any of their products or services. Additionally, Apple Inc., Google, Inc., will be a third-party beneficiary to these Terms if you access the Services using applications developed for Apple iOS, Android-powered mobile devices, respectively. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these applications or devices is subject to terms set forth in their respective terms of service and privacy policies.

Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services (including the App) and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Mutual Arbitration Provision.
Before bringing a formal legal case, please first try contacting our Customer Support at support@sureti.com. Most disputes can be resolved that way.

1.1 We mutually agree to resolve any justiciable disputes between us exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and will apply to any and all claims arising out of or relating to your access or use of the Services, any communications, advertising or marketing by or regarding us or the Services, any products or services sold or distributed through the Services that you received as a consumer of our Services, any aspect of your relationship or transactions with us, any of our actual or alleged intellectual property rights, and all other aspects of your relationship with us, past, present or future, whether arising under federal, state or local statutory and/or common law (collectively, the “Dispute”). We each also expressly agree that this Agreement will be governed by the FAA even in the event you and/or we and/or these Terms are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, California law governing arbitration agreements will apply.

1.2 If either of us wish to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to us at sureti Corporation, c/o CT Corporation System.

1.3 Class Action Waiver. We mutually agree that by entering into this agreement to arbitrate, we each waive our right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). In any case in which (1) the dispute is filed as a class, collective or representative action and (2) there is a final judicial determination that all or part of the Class  Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Notwithstanding any other clause contained in this Section 17 or the JAMS Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

1.4 Any arbitration shall be governed by the then-current Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and our officer or legal representative consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. We will each pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require us to pay a greater portion orall of such fees and costs in order for this Section 17 to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator or arbitration panel, as the case may be, will apply and be bound by this Section 17 and any additional terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award. All issues are for the arbitrator to decide, including arbitrability. This arbitration provision shall survive termination of this Section 17 or the Services. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and http://www.jamsadr.com.

Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable.

Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Los Angeles, California. Accordingly, we each mutually consent to the exclusive personal jurisdiction and venue of such courts for such matters. The award issued by the arbitrator may be entered in any court of competent jurisdiction. This Mutual Arbitration Provision will survive any termination of your relationship with us.This Mutual Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. This section can be amended only by our mutual written agreement. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable.

General. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. This provision will not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Force majeure events may prevent us from providing the Services. Note that when we say “include” or “including” throughout these Terms, we really mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.