Terms & conditions

Last updated: March 2023

These Terms of Service (“Terms of Service”) constitute a legally binding agreement between you and Covie Systems, Inc. dba AirJuster and its subsidiaries, representatives, affiliates, officers and directors (collectively, “AirJuster”) governing your use of AirJuster’s personalized, multipurpose, digital marketplace platform (“AirJuster Marketplace Platform”) and any related content or services, including mobile and/or web-based applications (“Applications” or the “AirJuster App,” and together with the AirJuster Marketplace Platform, the “Services”).

IMPORTANT: PLEASE BE ADVISED THAT THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND AIRJUSTER. THESE TERMS OF SERVICE OUTLINE HOW SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE.

Notwithstanding the foregoing, if you choose, now or in the future, to provide insurance adjustment services (collectively, “Third-Party Services”), these Terms of Service do not supersede or otherwise impact the enforceability of any agreements you may have with AirJuster or its subsidiaries regarding such Third-Party Services (e.g.,the Platform Access Agreement and/or any similar agreements). To the extent (but only to the extent) any agreement you may have with AirJuster regarding Third-Party Services conflicts with these Terms of Service, those agreements (and not these Terms of Service) will prevail with respect to any disputes arising from your provision of Third-Party Services; otherwise, any relevant provisions in these Terms of Service apply.

1. Contractual Relationship; Termination; and Modification

In addition to these Terms of Service, your access to, and use of the Services is also governed by the applicable terms found on our website, including without limitation, the Privacy Notice, which describes how we collect, use and disclose your personal information and AirJuster’s other applicable AirJuster standards and policies which we refer to collectively as the “Supplemental Terms.”

Collectively, we refer to these Terms of Service and the Supplemental Terms as the “Terms.” These Terms govern your access or use, from within the United States and its territories and possessions, of the Services made available in the United States and its territories and possessions (the “Territory”). You agree to not use the Services in another country. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND AIRJUSTER. In these Terms, the words “including” and "include” mean “including, but not limited to.”

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services. These Terms expressly govern the use of the Services in the Territory.

Termination

AirJuster, in its sole discretion, may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Modification

AirJuster reserves the right to modify these Terms or its policies relating to the Services at anytime, effective upon posting an updated version of these Terms through the Services or AirJuster’s website. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.

2. The Services

The Services enable you and other customers to find, request, or receive (i) Third-Party Services from third party service providers, including without limitation, licensed insurance adjustment providers (“Third-Party Providers”); (ii) related personalized content, including features, recommendations and advertisements for products or services tailored to your needs and interests; and (iii) certain supporting services, including providing you the ability to express certain preferences about the Third-Party Services or Third-Party Service Providers, payment processing and customer support.

Once you make a request, AirJuster notifies Third-Party Providers that an opportunity is available so that the Third-Party Provider may complete your request. It is up to the Third-Party Provider to decide whether to offer Third-Party Services to you or at all, and it is up to you to decide whether or not to accept such services from a Third-Party Provider. Please note that once your request for the Services has begun, you may no longer have the option to reschedule or cancel. If AirJuster is able to reschedule or cancel your request, you may be charged a fee and/or may not be refunded for items that have been purchased on your behalf.

AIRJUSTER IS NOT AN INSURANCE ADJUSTMENT PROVIDER.  IT IS A MARKETPLACE PLATFORM CONNECTING INSURANCE ADJUSTERS WITH CUSTOMERS. GENERALLY, THE SERVICES ARE ONLY OPEN TO REGISTERED USERS OF THE SERVICES AND NOT TO THE GENERAL PUBLIC. YOUR ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN THIRD-PARTY SERVICES FROM THIRD-PARTY PROVIDERS IN CONNECTION WITH THE USE OF THE SERVICES DOES NOT ESTABLISH AIRJUSTER AS A PROVIDER OF ANYTHING OTHER THAN THE SERVICES. INDEPENDENT THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS,OSTENSIBLE AGENTS, OR EMPLOYEES OF AIRJUSTER IN ANY WAY. ANY EFFORT, FEATURE,PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY AIRJUSTER TO FACILITATE YOUR RECEIPT OF THIRD PARTY SERVICES IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH ATHIRD-PARTY PROVIDER.

Third-Party Services and Content.

While many Third-PartyServices are available in the AirJuster App, certain Third-Party Services or content are only accessible by exiting the AirJuster App (“Out-of-AppExperiences”). Once you click on a link to access Out-of-App Experiences, you will be subject to the terms and conditions and privacy policy of that website, destination, or Out-of-App Experience provider, which are different from AirJuster’s.AirJuster will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or Out-of-App Experience provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Services and are not controlled by AirJuster. AirJuster does not endorse such Out-of-App Experience providers and in no event shall AirJuster be responsible or liable for any products or services of such third-party providers.

In the event of a conflict in the terms of any Third-Party Services and these Terms, these Terms shall control with respect to AirJuster and your agreements with AirJuster herein, and the limitations of liability set forth in Section 6 shall also apply to the Third-Party Provider.

App Stores.

The availability of the Services may be dependent on the third-party from which you received the license to the AirJuster App, e.g., the Apple iPhone or Android app stores (“App Store”). These Terms are between you and AirJuster and not with the AppStore and AirJuster is responsible for the provision of Services as described in these Terms. However, if you downloaded the AirJuster App from the Apple AppStore, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are the “end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.

Ownership; License; and Restrictions.

The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain AirJuster’s property or the property of AirJuster’s licensors. These Terms are not a sale and do not convey or grant to you any rights in or related to the Services, or any intellectual property rights owned by AirJuster, except for the limited license granted above.

Subject to your compliance with these Terms, AirJuster grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the AirJuster App solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your use. Any rights not expressly granted herein are reserved by AirJuster and AirJuster’s licensors. You agree that you will not use AirJuster’s copyrights, trademarks, service marks, or trade dress, aside from use incidental to your use of theServices, without express, written permission from AirJuster. This prohibition includes use in domain names, websites, and social media accounts. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by AirJuster; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

3. Accessing the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration may require you to submit to AirJuster certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method that you are authorized to use and is supported by AirJuster. For more information regarding AirJuster’s use of your personal information, please see our Privacy Notice. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Except as described below, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times.

Minors.

Except as described below, the Services are generally not available for use by persons under the age of 18. You may not authorize third-parties under the age of 18 to use your Account.

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 and any updates thereto. AirJuster does 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. AirJuster is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.

Onboarding.

When onboarding to use the Services AirJuster will require you to go Know Your Customer (KYC) process to verify your identity and suitability to ensure that we are compliant with rules and regulations related to your access of the Services.

4. User Conduct and Requirements; Communications; and User Content

User Conduct and Requirements.

In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not access or use the Services to cause nuisance, annoyance, inconvenience, damage, or loss to AirJuster, the Third-Party Provider, or any other party.

For the purpose of assisting us with our compliance and insurance obligations, you agree to notify us within 24 hours and provide us with all reasonable information relating to any incident or accident that occurs during your use of the Services and you agree to cooperate with any investigation and attempted resolution of such incident.

Communications with AirJuster.

By creating an Account, you electronically agree to accept and receive communications from AirJuster, Third-Party Providers or third parties providing services to AirJuster including via email, text message, WhatsApp, calls, in-app communications, and push notifications to the telephone number(s), email addresses, or other currently known or intended communication channels you provided to AirJuster. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of AirJuster, and/or Third-Party Providers, including but not limited to communications concerning requests placed through your Account on the Services. Message and data rates may apply. You can learn more about how AirJuster may contact you by reading our Privacy Notice.

If you do not wish to receive promotional emails, text messages, or other communications from AirJuster, you may change your notification preferences by accessing Settings in your Account. To opt out of receiving text messages from AirJuster, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, text messages between you and Third-Party Providers are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your Account, AirJuster may contact you using any of the contact information you provided in connection with your Account (including via text or voice-recorded message).

Use of Accounts Owned by Others.

In the event you use an AirJuster product or service that enables use of or billing to another person or business, certain information will be shared with that party. This may include information regarding the time and date of services you request and the associated charges for such services. You acknowledge that such data sharing isa condition of use of any such AirJuster product or service.

Feedback.

You agree that Feedback that you provide to AirJuster will automatically become the property of AirJuster, without any compensation to you.

Non-circumvention.

You agree that during the course of your use of the Services and for a period of three (3) months immediately following the termination of your use of the Services, for any reason, you will not contact any Third-Party Provider introduced to you by AirJuster for the purpose of engaging them to perform Third-Party Services outside of the AirJuster Marketplace Platform.

5. Payment

Prices & Charges.

Your use of the Services may result in charges to you for the services or goods you receive from AirJuster and/or from Third-Party Providers (“Charges” ). AirJuster will enable your payment of the applicable Charges for services obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as service fees, cancellation fees, government-mandated fees, and/or surcharges. Further, Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.

With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and AirJuster will collect payment of those charges from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. Payment to a Third-Party Provider of services shall be considered to occur at the moment you submit payment through AirJuster.

You retain the right to dispute Charges from a Third-Party Provider for services from such Third-Party Provider. If you initiate a dispute, you agree to follow the protocol for disputes on invoiced amounts found in our Dispute Resolution Policy.

There also may be certain Charges you incur that will be owed and paid directly to AirJuster or its affiliates. For the avoidance of doubt, AirJuster does not charge a fee for you to access the AirJuster App, but may charge you a fee or any other Charge for accessing Third-Party Services. Even if not indicated in the AirJuster App, the prices for the Third-Party Services displayed through the Services may differ from the prices offered or published by Third-Party Providers for the same Third-Party Services.

All Charges and payments will be enabled by AirJuster using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that AirJuster may use another available payment method in your Account.

As between you and AirJuster, AirJuster reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. AirJuster will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

Promotional Offers.

Certain users may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.

6. Disclaimers; Limitation of Liability; and Indemnity.

Disclaimers.

THE SERVICES ARE PROVIDED“AS IS” AND “AS AVAILABLE.” AIRJUSTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, AIRJUSTER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

AIRJUSTER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS.YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THERE WITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

AIRJUSTER DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF AIRJUSTER. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD PARTY, YOU RELEASE AIRJUSTER FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

AIRJUSTER DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. AIRJUSTER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability.

AIRJUSTER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF AIRJUSTER, EVEN IF AIRJUSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AIRJUSTER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF AIRJUSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AIRJUSTER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND AIRJUSTER'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF AIRJUSTER.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AIRJUSTER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON AIRJUSTER’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity.

You agree to indemnify and hold AirJuster and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) AirJuster's use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.

7. Other Provisions

Choice of Law.

These Terms shall be governed by and construed in accordance with the laws of the state of Texas. This Choice of Law provision applies only to the interpretation of these Terms, and these provisions shall not be interpreted as generally extending any state’s law to you if your dispute did not arise in that state.

Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

Choice of Forum.

Any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the state and federal courts of the state of Texas.

Claims of Copyright Infringement. 

Claims of copyright infringement should be sent to AirJuster at the following address:

COVIE SYSTEMS, INC.
ATTN: LEGAL DEPARTMENT
P.O. Box 66097
Austin, TX 78766
legal@covie.io

AirJuster may give notice by means of a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Services). Notwithstanding the foregoing, notice of any modifications to these Terms shall be effective upon posting an updated version of these Terms on AirJuster’s website or through the Services. You may give notice to AirJuster, with such notice deemed given when received by AirJuster, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Covie Systems, Inc. The name and current contact information for the registered agent in each state are available online at https://www.cscglobal.com/cscglobal/pdfs/CSC-registered-agent-addresses.pdf. If another provision of these Terms addresses any specific notice (for example, notice of updates to these Terms, or notice of a dispute or arbitration demand), those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision.

General.

You may not assign these Terms without AirJuster’s prior written approval. AirJuster may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of AirJuster's equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this Section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, AirJuster, any Third-Party Provider, or any Out-of-App Experience Provider as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. AirJuster's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AirJuster in writing.

Contact Us

If you have any questions about these Terms, please contact us.