SecondAppraisal Terms and Conditions of Use

1. Agreeing to these Terms

These Terms and Conditions of Use ("Terms") are an agreement between you ("you" or "your") and SecondAppraisal Inc, a Utah corporation ("SecondAppraisal," "we," "us" or "our"). They apply to our website at https://secondappraisal.com and to everything we provide, including our calls, texts, emails and services (together, the "Service").

You accept these Terms by checking a box or pressing a button that we show with them. For example, you accept them when you sign up, when you authorize a payment, or when you join a membership. That click is your electronic signature. Browsing our website does not, by itself, bind you to these Terms.

Our Privacy Policy and Legal Disclaimer are part of this agreement. If you don't agree to these Terms, don't sign up for or use the Service.

2. Who can use the Service

You must be at least 18 years old and able to make a binding contract. The Service is for people in the United States, about U.S. motor vehicles. It is mainly for insurance claims. Where we offer it, you may also buy Appraisal Research for another purpose you name, such as an estate, a divorce or a bankruptcy. When you accept these Terms, you promise that you meet these requirements and that the information you give us is accurate.

3. Who we are and what we do

SecondAppraisal Inc, a Utah corporation, is an independent vehicle-appraisal company. We give a professional, independent opinion of a vehicle's actual cash value. We help vehicle owners who have received, or expect, a total-loss settlement offer from an insurance company. That may be their own insurer or another driver's insurer.

What we are not:

• A law firm. Our people are not your lawyers. Nothing we say or write is legal advice, and working with us does not create an attorney-client relationship. What you tell us is not protected by attorney-client privilege. See our Legal Disclaimer.
• An insurance company, agent or broker. We do not sell, adjust or administer insurance, and nothing we provide is advice about whether to buy, keep, or claim under any insurance policy. We are not insurance counselors or insurance consultants, and we give no advice about what any insurance policy covers or provides.
• A public adjuster. We do not act for you in settling your claim.

No promise of results. We can't promise any result. See Section 7.

We are independent. We are independent of the insurer handling your claim and of every other insurance company. We are not affiliated with, endorsed by, or acting for any insurer.

Our role as your appraiser. When you appoint us, we are your appraiser under your policy's appraisal clause, a state law that provides appraisal or that insurer's agreement to it. The two appraisers decide the amount of loss on the evidence. If they can't agree, an umpire decides. Before an umpire is chosen, we tell you that one is needed, or may be needed, and that your share of the umpire's fee is an extra cost.

What our work does not include. Our work is independent valuation work and guidance. We do not give legal representation or legal strategy, and we do not appear for you in any legal or administrative proceeding.

If a lender or GAP provider referred you. That institution has an agreement with us. Before you engage us, you are told what its program pays and what we report to it. We tell it the status and outcome of your consultation. If you say "No thanks," we tell it that you declined. If you no longer want us to report to it, tell us at privacy@secondappraisal.com. We then tell you what, if anything, our agreement with it still requires us to report, and we stop sharing the rest.

States where we don't act as your appraiser. We don't act as anyone's appraiser in a state where we don't hold a license we may need there. Today those states are Delaware, Iowa, Massachusetts, Nevada, New York, Pennsylvania, Rhode Island, Tennessee and Vermont. There we give only comparable listings, an estimate based on them, and general information. In some of them, with your OK to share your contact details, we offer to put you in touch with a licensed local appraiser.

4. Words we use

• "the insurer" means the insurance company handling your claim, whether it is your own insurer or another driver's insurer.
• "consultation" means an engagement in which you ask us to evaluate the insurer's valuation of your vehicle. Where we agree, it also includes preparing Reports and serving as your appointed appraiser. We serve under your policy's appraisal clause, a state law that provides appraisal or that insurer's agreement to it. For Appraisal Research bought for another purpose (Section 2), it is an engagement in which you ask us to value your vehicle.
• "Appraisal Research" means our comparable-vehicle research and market analysis, delivered as a written document.
• "Appointed Appraiser Service" means serving as your appointed appraiser once appraisal is invoked or agreed. We serve under your policy's appraisal clause, a state law that provides appraisal or that insurer's agreement to it. We prepare the evidence, determine the amount of loss with the insurer's appraiser, take any disagreement to an umpire, and deliver the appraisal award letter.
• "Reports" means the preliminary valuations, valuation reports and Appraisal Research documents we prepare.
• "Customer Materials" means the documents, photos, vehicle and claim information, and other materials you give us.
• "Content" means the text, graphics, images, data, software and other materials available through the Service, other than Reports.

5. Your account

Some features, such as your consultation dashboard, need an account. You agree to:

• give accurate, current and complete information, and keep it up to date;
• keep your sign-in details safe and private;
• take responsibility for what happens under your account; and
• tell us right away at support@secondappraisal.com if someone uses your account without your permission.

You can delete your account from your profile. You then have seven days to change your mind. After that, we delete your account, except the records our Privacy Policy says we keep.

We may suspend or close an account as Section 23 says.

6. What we offer

Depending on what you ask for, the Service may include:

• a free consultation: our first look at your vehicle's value, to screen whether we can serve as your appraiser;
• Appraisal Research: comparable-vehicle research and market analysis, delivered as a written document;
• the Appointed Appraiser Service (Section 4);
• a membership for one vehicle, today called the Garage Hub Membership, that includes a consultation if that vehicle becomes a total loss, on the conditions in Section 8; and
• a photo dispatch: a photographer we send to document your vehicle. We decide each time whether one is needed.

We may use independent contractors and outside data sources to provide the Service. We may change, add or stop features as Section 24 says.

7. Results and our guarantee

Results vary. We do not and cannot promise any outcome, settlement amount, increase, timeline or success. Statistics, averages, ranges, reviews and examples on our website (such as average increases, success rates or turnaround times) describe past results of other customers. They are not a promise or a prediction about your claim. Your result depends on things we don't control, such as your vehicle's condition, your policy, the law, the evidence available, and the insurer's decisions.

Our guarantee. Where we offer our guarantee ("At least $1,000 more, or your fee is waived"), it works like this, and only like this:

• We review whether the evidence supports a value at least $1,000 above the insurer's offer. You may save your card, and send your appointment letter, before our review is done. If our review finds that it doesn't, we tell you, and we release your card hold if you haven't sent your appointment letter yet. That finding is our professional opinion, not a promise.
• We measure the result against the insurer's offer on the day we accept your consultation.
• The result can be an appraisal award, or a raised offer the insurer makes after appraisal is invoked or agreed. A raised offer made directly to you, without an award, counts only as Section 8 says.
• If we serve as your appraiser and the result is less than $1,000 above that offer, your fee is waived in full. Your share of an umpire's fee is separate (Section 8).
• The guarantee is a fee waiver only. It is not a payment to you, a refund of anything else, or a promise that the insurer will pay any amount. The guarantee terms in effect when we accept your consultation apply, and we show them to you before you owe any fee.
• It applies only when you pay for the Appointed Appraiser Service. It does not apply to:
  • Appraisal Research bought on its own;
  • a consultation included in a membership;
  • a member's consultation while we are still confirming whether the membership includes the loss; or
  • a consultation whose fee a lender's or GAP provider's program pays in full.

If the insurer objects to our fee terms. Before an award, the insurer or its appraiser may object in writing that our appraiser is not disinterested, impartial or independent because of our fee terms. If that happens, we waive our fee for that consultation outright. We tell the insurer and its appraiser so in writing before the appraisal goes on. You then owe no service fee for that consultation, whatever the result. We stay on as your appraiser.

8. Fees, payments, cancellation and refunds

Free consultation. Our first look at your vehicle's value (Section 6) costs nothing.

The Appointed Appraiser Service fee. If we agree to serve as your appraiser, our fee for the Appointed Appraiser Service (the "service fee") is one flat fee. It is shown on our Pricing page and to you before any charge (today $495). It includes:

• our Appraisal Research;
• our appointment as your appraiser under your policy's appraisal clause, a state law that provides appraisal or that insurer's agreement to it;
• determining the amount of loss with the insurer's appraiser; and
• the appraisal award letter.

It is not billed by the hour, and it does not go up with the award or the settlement.

What the service fee does not include:

• your share of an umpire's fee, if an umpire is needed (see "The umpire share" below);
• a photo dispatch (if you would pay for one, we tell you its price first and send the photographer only if you agree);
• the fees of anyone else you hire, such as a lawyer or a public adjuster; and
• your own costs, such as towing, storage, a rental car, or loan payments while your claim is open.

If a lender's or GAP provider's program pays. A program may pay all or part of our fee, your umpire share or a photo dispatch. If it does, you are told which before you engage us, and you owe only the rest.

Appraisal Research bought on its own. We may offer our Appraisal Research as a separate purchase, at the price shown at checkout. If you buy it:

• It is a professional research service that our people perform. The written research document is what it delivers.
• It gives our independent opinion of your vehicle's market value on its report date, based on the evidence it cites. It is not a promise of any settlement, award or other result, and our guarantee (Section 7) does not apply to it.
• It does not oblige the insurer to respond, re-evaluate or change any offer. It does not invoke your appraisal clause or any other process.
• It does not appoint us as your appraiser. It does not let us deal with the insurer for you, and it does not start the Appointed Appraiser Service.
• When you buy it, we place a hold for the full research price (plus any tax we show you first). We charge it when we deliver the research, whatever happens with your claim. The refund terms in this Section apply.
• If you later hire us as your appraiser on the same claim, we credit the full research price toward the service fee.
• As far as the law allows, our total liability for a research purchase is no more than the research price you paid. As in Section 19, this limit does not apply to relief that the law does not allow to be limited by agreement.
• At research checkout, we keep your card on file unless you tick the box not to. You can then choose it yourself for a later purchase on our website, without typing it again. Keeping it does not authorize any other charge.

Saving your card. We ask you to save a card with our payment processor. You may do this before our review (Section 7) is done. We place a temporary hold on it. The hold is not a charge, and you pay nothing up front. We charge the saved card once, for the fee shown to you, when the fee is earned (below), unless the fee is waived under Section 7. We don't charge it for anything else, except another charge for that consultation that you approve at the time, such as your share of an umpire's fee, or the research price if you ask for Appraisal Research only (below). If you saved a card while signed in to your account, you can also choose it yourself for a later purchase on our website, without typing it again. To have us remove a saved card, email support@secondappraisal.com. We email you before we change how we use a saved card.

If you ask for Appraisal Research only. Before your fee is earned, you may ask us to stop the Appointed Appraiser Service and give you only the Appraisal Research it includes. You then owe the Appraisal Research price shown to you (today $199), or the service fee shown to you if that is lower, plus any tax we show you first, instead of the service fee. We charge it to your saved card once, when we deliver the research, never more than the amount you pre-authorized. It does not depend on any result, and our guarantee (Section 7) does not apply to it. We email you the amount when we make the switch. While the cancellation period below is open, you may cancel at no charge instead.

A consultation is not a subscription. We never enroll you in a recurring charge for a consultation. The only recurring charge we offer is a membership you choose to join (below).

When the fee is earned. Our fee can be earned only after appraisal is invoked or agreed and you have appointed us. It is earned when the result is at least $1,000 above the insurer's offer on the day we accepted your consultation (Section 7). The result can be:

• an appraisal award; or
• a raised offer the insurer makes after appraisal is invoked or agreed.

If the insurer raises its offer directly to you, without an award, we charge the fee only if both of these happened before the raise:

• we delivered our Appraisal Research to you; and
• your appointment letter was sent.

The fee then pays for that work and the appointment, not for the settlement.

If the result is less than $1,000 above that offer, your fee is waived in full (Section 7).

The umpire share. If an umpire is needed, you owe your side's share of the umpire's fee, which we bill at exactly the umpire's charge, with no markup. You can pay us by card, or mail a check to the umpire. Once you pay us your share, you owe nothing more for it, and we pay the umpire.

Cancelling.

• The Appointed Appraiser Service and Appraisal Research: You can cancel within seven days of buying. If we haven't delivered anything yet, you pay nothing.
• A membership: You can cancel within seven days of joining for a full refund if you haven't used your membership. After that, you can cancel any time, and your membership stays active to the end of the period you've paid for.

In detail, you may cancel a membership or the Appointed Appraiser Service at no charge until the later of:

• the end of the third business day after the day you buy it (or after the day you receive it, if that is later); and
• the end of the seventh day after the day you buy it (or after the day you get our confirmation email, if that is later).

A day ends at 11:59 p.m. in your time zone or in Mountain time, whichever is later. Business days are Monday to Friday, except federal and Utah legal holidays. You buy the Appointed Appraiser Service on the day you save your card for our fee. If STOP ALL holds your email address when you buy, the seven days run from the day you buy.

For a membership, we refund the first charge in full within 30 days. For the Appointed Appraiser Service, we release the card hold, and you owe no fee. If a membership starts with a free period, you may also cancel within seven days after its first charge, unless we have already begun a member consultation for you. We then refund that charge in full within 30 days. To cancel, email support@secondappraisal.com, call (385) 218-6712, or write to us at the address in Section 27. This right adds to any other right to cancel that the law gives you.

Alaska. If you live in Alaska, you may choose a refund, credit or replacement if what you buy is defective, not as represented or not received as promised, or if you return property and ask in writing within seven days after receiving it; or a refund or credit if you ask in writing within seven days after paying for a service and before we provide it.

Purchases are made on our website. We never take a card number, a payment or a purchase by phone.

Payment processing. Our payment processor (today Stripe) handles payments. Its own terms and privacy policy apply to your use of its payment features. We do not store full card numbers. On some pages, Stripe's Link may let you pay from your bank account. Stripe shows that option and takes your bank login on its own screens. We never see your login or account number. That payment is a debit from your bank account. You can stop a membership's debits by cancelling online.

Taxes. We collect a transaction tax from you only when the law requires it, and we show it to you before you authorize payment. Taxes charged to SecondAppraisal as the seller, including Washington Business & Occupation tax, are ours to pay. We don't add them to your bill.

Billing questions. If you think a charge is wrong, please tell us at support@secondappraisal.com within 60 days after the charge. Please contact us before you dispute it with your card issuer or bank, so we can fix it with you.

Refunds. We don't refund fees for work already done, except as this Section or Section 7 says, or where the law requires a refund.

Garage Hub Membership. Where we offer it, the Garage Hub Membership is a membership, not insurance. It does not insure any vehicle or loss. We never pay a member money because of a loss, and we do not promise any settlement or result. A membership you buy directly from us is a "direct membership". A membership you get through a lender or GAP provider is a "program membership", whoever pays for it. It works like this:

• One vehicle, by VIN. A membership applies to exactly one vehicle, identified by its Vehicle Identification Number (VIN). You may pay before you give us the VIN. The membership applies to the vehicle only once you add its VIN and we accept it. We don't accept a vehicle that has already been the subject of a total-loss consultation with us. For a direct membership, you also confirm that the vehicle had no accident that was or may be declared a total loss in the period shown when you join. Today that period is the three months before you register it. We may check the vehicle's title history, and we won't accept a vehicle whose title shows a total loss in that period. A program membership has neither the confirmation nor the title check. If we can't accept the vehicle you give us, you may register a different vehicle. If no vehicle was ever registered to that membership, you may instead cancel it for a full refund of what you paid.
• What is included. In each membership year (the 12 months from the start date, and from each anniversary), one consultation for the registered vehicle (a "member consultation"). It includes Appraisal Research and, where appraisal is available under your policy, a state law or the insurer's agreement, the Appointed Appraiser Service. It is a consultation included in the membership. It works on the same terms as for any customer, except as Section 7 says, and its service fee is part of the membership. What the service fee does not include (above) is billed separately. If an umpire is needed, your side's share of the umpire's fee is still yours (above).
• When a loss is included.
  • For a direct membership: a loss dated on or after the eligibility date shown when you register the vehicle (today 30 days after you register it). The time before that date is the waiting period.
  • For a program membership: a loss dated on or after the day the membership starts, by U.S. Eastern date, with no waiting period. A loss dated before that day is never included.
  • Either way, the membership must be active on the date of loss (including the payment window after a failed renewal payment). A vehicle registered after a loss is not included for that loss.
  • For a loss the membership doesn't include, you can still hire us at the regular service fee, on the same terms as any customer.
• Changing the vehicle. For a direct membership, you may change the registered vehicle from your account. The new vehicle must meet the same conditions, and you confirm the same things about it. From the change, the old vehicle is no longer registered, and the new vehicle's waiting period starts again (today 30 days after the change). A change does not restart the membership year. A member consultation used earlier in that year counts for the new vehicle. You can't change the vehicle while a member consultation is open for it. For a program membership, the lender or GAP provider changes the vehicle. The new vehicle then gets its own membership, included from the change, with a new membership year. To add another vehicle, give it its own membership, with its own fee.
• Renewal. The membership fee is charged in advance, monthly or yearly, as you choose. The membership renews automatically at the price and interval shown until you cancel. You agree to that by a separate box at checkout. The fee and the renewal date are shown before you pay and in your account. After you join, we email you a confirmation with the renewal terms and how to cancel, unless STOP ALL holds your email address (Section 14(E)).
• Notices we send before a charge.
  • On a free first year: one notice 31 to 45 days, and another 15 to 21 days, before the first charge.
  • On "3 months free": one notice 15 to 21 days before the first charge.
  • On a yearly membership: a notice 31 to 45 days before each renewal.
  • On a monthly membership: a reminder once a year of the membership, its charges and how to cancel.
  • Before a fee change: a notice 10 to 30 days before it applies. A fee change applies only to renewals after the notice, never to a period you already paid for.
  • After STOP ALL, these stop. Section 14(E) says what happens instead.
• District of Columbia. This point applies if your vehicle is kept in the District of Columbia, or your billing or mailing address is there. Before the first charge after a free period, we'll ask you to confirm by one click. Without that click, your membership ends when the free period does, and nothing is charged.
• Florida and North Carolina. This point applies if your vehicle is kept in Florida or North Carolina. You may cancel the membership within 30 days after its start date, before any member consultation begins. We then refund in full what you paid for it. The extension of credit, the terms of the credit and the terms of any related vehicle sale or lease may not be conditioned on your buying the membership.
• Free period. We may offer a membership that starts with a free period. Its length, the fee that follows it and the date of the first charge are shown before you give us a card. No fee is charged during the free period. You can cancel online any time during the free period, and then nothing is charged. Unless you cancel before it ends, the membership then renews automatically at the fee and interval you chose, except as the District of Columbia point above and Section 14(E) say. It is part of your first membership year. A free period is offered once per customer.
• Cancelling. You can cancel online, any time, from your account. A request to cancel left by phone or voicemail is handled within one business day. If you cancel, the membership stays active to the end of the period you have paid for, nothing more is charged, and it does not renew. Apart from the refunds this Section names, fees for the current period are not refunded, except where the law requires.
• If we are slow to start your member consultation. If we don't begin your member consultation within five business days after you ask for it, you may cancel the membership. We then refund the membership fees you paid for that membership year.
• To ask for your member consultation, sign in at https://secondappraisal.com and press the start button on your membership page, or call or text (385) 218-6712.
• Payment window. If a renewal payment fails and is not paid within the payment window (today 14 days), the membership ends, and the vehicle is no longer included. You may join again. Any waiting period then starts fresh.
• Program memberships. A lender or GAP provider may include the membership in its own product and pay us the membership fee, or you may pay a price it sets. Either way, we share the status and outcome of your member consultation with that institution, such as the insurer's first offer, the appraised value and the final settlement. You can ask us to stop, as Section 3 says.

9. What you promise us

You promise that:

• the information you give us about yourself, your vehicle and your insurance claim is accurate, current and true;
• you own the vehicle, or you are authorized by its owner, and you may hire us and give us the Customer Materials;
• you have the right to give us all Customer Materials, and giving them to us breaks no law and no one else's rights;
• you won't use the Service for anything fraudulent, unlawful or improper, and you won't give us false or misleading information;
• you will cooperate with us reasonably and promptly during the consultation; and
• you won't misrepresent our Reports, guidance or role to the insurer, any tribunal or anyone else.

You alone make your own decisions, including whether to accept or reject any insurance settlement offer.

10. What you authorize us to do

When you engage us for a consultation, you authorize us to analyze your vehicle's value and to prepare Reports. You also authorize us to prepare materials and give guidance that help you talk with the insurer about your vehicle's value. When you appoint us, we serve as your independent appraiser, not as your lawyer, insurance adjuster, public adjuster or legal representative. SecondAppraisal is not a public adjuster and does not act for you in settling your claim. Our work is limited to the services we expressly agree to provide.

11. Your materials

You keep ownership of your Customer Materials. You give SecondAppraisal a license to host, store, copy, process and use them as needed to provide and improve the Service and to prepare and deliver Reports. We may also use them as our Privacy Policy describes. The license is non-exclusive, worldwide and royalty-free. You promise you have the rights needed to give us this license. We keep Customer Materials and records of your consultation as our Privacy Policy and our legal and recordkeeping duties require.

12. Our materials and Reports

The Service, the Content and the Reports (not including your Customer Materials), with their text, graphics, logos, designs and software, belong to SecondAppraisal or its licensors. Intellectual-property laws protect them. "SecondAppraisal" and our logo are our trademarks.

When we deliver a Report to you, you may use it for your own personal, non-commercial purposes. You may use it in connection with your insurance claim, or with the purpose you named when you bought it. This license is limited, non-exclusive and non-transferable. Otherwise, you may not copy, change, distribute, sell, license or make new works based on the Service, the Content or the Reports. You may not copy, resell or pass on outside data you see through the Service, except as its owner allows.

13. AI and Jane, our AI assistant

How we use AI. We use artificial-intelligence and other automated tools. For example, they read and pull data from insurer reports you upload, help draft valuation content and analysis, and transcribe and analyze calls. Our Privacy Policy explains how we use the content of our communications with you, including to train our staff and improve our help and the AI tools that support our customers. AI output can contain errors, gaps or inaccuracies. Our Reports reflect our professional opinion, and a person on our team reviews them. Even so, the Service, including anything AI helps produce, comes with no promise of accuracy, and it does not replace your own judgment or professional advice. Review every Report, and don't rely on any single number as the final word on value.

Jane. Jane is our AI assistant. She can call you, text you and answer our help chat. She tells you she is SecondAppraisal's AI assistant. You can ask for a person on our team at any time.

Jane's languages. Jane is set up to open every conversation with you by saying that she is SecondAppraisal's automated assistant and that the call is recorded. She says it in your language if we have checked our version of it in that language. Otherwise she says it in English. After that, Jane talks with you in the language you choose. In our help chat, she also answers in your language. Our texts, emails, website and documents are in English.

14. Calls, texts, email and electronic records

(A) Getting your records electronically.

• What you agree to. When you sign up as a customer, or join a membership, you agree that we give you our agreements, notices and other records electronically only. This consent is required to sign up or to join a membership. The words above the button you press to sign up or join link to a statement about this consent.
• What it includes. It applies to every record we give you while you are our customer. That includes these Terms and notices of changes to them, receipts, membership confirmations, renewal notices, first-charge reminders and the documents of your consultation.
• How you get them. We send them by email to the address you gave us, and show them as pages in your account. After STOP ALL (part (E)), we email you only what part (E) lists, and the rest is only there. We also keep each notice the law requires us to give you in your account, where you can print or save it.
• What you need. A device with a current web browser, and an email account. You can print or save any record.
• Your email address. Keep it up to date in your profile.
• Paper copies. You may ask for a free paper copy of any record by emailing support@secondappraisal.com or calling (385) 218-6712. We mail it to you.

• Changing your mind. You may withdraw this consent at any time, at no charge. Use the setting in your profile, email support@secondappraisal.com or call (385) 218-6712. Your withdrawal takes effect within five business days. Because the Service is electronic only, withdrawing means:

  • a membership you pay for does not renew, and it ends at the end of the term or free period already under way, with no further charge; one a lender or GAP provider pays for keeps running;
  • we open no new consultation for you;
  • we complete any consultation already under way; and
  • records we already gave you stay in effect.

  If the law requires us to give you a notice in writing before our relationship ends, we send it by first-class mail.

• If what you need changes. A change in what you need might stop you from opening or keeping a later record. If so, we tell you the new requirements and that you may withdraw at no charge, and we ask you to confirm again.

(B) The calls and messages we make, and the permission each is based on.

• Your sign-up request. When you sign up, you press one button under words that include: "I ask SecondAppraisal to call and text me at [your number], and to email me, about my consultation, its other services and its consumer advocacy (calls may be recorded)." That request is for calls and texts from our team, including calls placed through our calling system, and for all our emails, about your consultation, our other services and our consumer advocacy. A message is from our team when a person on our team writes or picks it and sends it only to you. The request is how you agree to our texts, and it also covers our automated texts that sell nothing, such as consultation updates and reminders. An automated text that sells, such as an offer or a referral ask, also needs your "Meet Jane" yes (below). There is no separate box for texts. The words above that button also include a sentence of their own, linked to our statement on electronic records, that gives your consent in part (A).
• Calls you ask for. When you tap "Call me now" or another "Call me" button, we call you at the number you confirm, as the words beside the button describe. That call may come from a person or from Jane. It may include a voicemail, and we may talk about whether you want to hire us. When Jane places that call, she texts you just before it, unless you've stopped our texts. During any call with Jane, she may text you a link you ask for. After any call with Jane, we may text you a short recap. Jane's voicemail on a call you asked for is based on your request.
• Jane's other calls, recorded messages and automated texts that sell. Apart from the calls and texts in the point above, Jane, our AI assistant, calls you only if you say yes to her. The same is true of every other call, message and voicemail in an AI or recorded voice, and of every automated text that sells. You say yes by ticking the separate, optional box on the "Meet Jane" tile, or by turning on the matching setting in your profile (your "Meet Jane" yes). The box asks us to call or text you "including by automated dialing or an AI or prerecorded voice". These calls, texts and messages may be about your consultation and its services, our membership and the Driver Protection Petition. Ticking the box is never a condition of buying anything. You can turn it off any time in your profile.

• Our membership. Our team may call or text you about our membership:

  • within 540 days after you last paid us;
  • within 540 days after we last delivered to you our free consultation, Appraisal Research or an appraisal award; or
  • within three months after you last contacted us, started a consultation, applied for a membership or asked us to call you.

  At other times, we call or text you about it only if your "Meet Jane" yes includes our membership. A text also needs your agreement to our texts.

• After your consultation. Our team may call or text you to ask for a review or a referral. After your consultation closes, we may also ask you to sign the Driver Protection Petition. We may email you up to three times, call you once and, if you agreed to our texts, text you once. A review request and the petition sell nothing, so an automated text may ask for them. A referral ask counts as selling, so an automated text that asks for one also needs your "Meet Jane" yes.

• Texts before you agree. Before you agree to our texts, we text you only:

  • a code or link you ask for;
  • a heads-up before, and a recap after, a call with Jane that you asked for or made;
  • a message from our team that replies to you or is about a consultation you started with us, sent only for a reason our team records; and
  • one invitation, when an appraiser who referred you tells us you asked for it.

  Our team never texts a number that has stopped our texts.

• Other places you may agree. You may also agree to calls, texts or email on other screens. Each screen shows its own words with its button or box:

  • the free-review card;
  • the "Hold my $25" offer;
  • the first sign-in screen;
  • the membership sign-up;
  • a lender's or GAP provider's activation page;
  • the page where you confirm a request an AI agent sent us for you;
  • the Driver Protection Petition form; and
  • the words above Save in your profile, which show when you add or change a number or email address.

  You may also say yes to our team on a recorded call, for example when we help you activate a program or confirm an AI agent's request. Each of these reaches only what its own words say.

• The old marketing box. We no longer ask for a separate marketing permission. Ticks given before still count for what their words named, until you withdraw them in your profile. A tick never takes the place of your "Meet Jane" yes where this part asks for it.

(C) Call recording. Where you consent (for example, by pressing the clearly labeled consent button during sign-up), you agree that we may record, monitor, transcribe and analyze, and store telephone calls with you. That includes voicemails and automated or AI-assisted calls. We do this for quality assurance, training, improving our help and the AI tools that support our customers, dispute resolution, and recordkeeping. Service providers that work for us, including AI services, may transcribe and analyze calls for us, including while a call is in progress; our Call Recording Policy names them. Every recorded call with our staff opens with a notice that it may be monitored or recorded. Some states require all parties to a call to consent to recording; by consenting here and by continuing a call after any recording notice, you provide that consent. You may decline recording on any given call. If you do, we may not be able to continue that call by phone, and we will follow up another way.

(D) Our text messages.

• The texts we send. Each sample shows the words of one of our texts today, with your details in brackets. A sample shows what a text looks like. It does not change or add to these Terms.
  • Sign-in codes: "Your SecondAppraisal code is [code]. It expires in 10 minutes. Enter it only on secondappraisal.com. We never ask for it by phone or text. Questions? Text (385) 218-6712 | secondappraisal.com | support@secondappraisal.com"
  • Consultation updates: "Hi [first name], this is SecondAppraisal. We have your [vehicle] consultation and will tell you fast if we can't help. See what we need next: [link] Questions? Tap here, then Call me now, and Jane, our AI assistant, calls you within seconds: [link] Questions? Text (385) 218-6712 | secondappraisal.com | support@secondappraisal.com"
  • Upload links: "Hi [first name], here's your photo upload link for the [vehicle] — no login needed, and the page includes a quick video guide: [link] Questions? Text (385) 218-6712 | secondappraisal.com | support@secondappraisal.com"
  • Reminders: "Hi [first name], an automated reminder from SecondAppraisal: for your [vehicle], we just need a few photos. Here's your upload link (no login): [link] Questions? Text (385) 218-6712 | secondappraisal.com | support@secondappraisal.com"
  • Payment notices and links: "Hi [first name], quick heads up: the card we have on file just declined. Takes 30 sec to add a new one: [link] Questions? Text (385) 218-6712 | secondappraisal.com | support@secondappraisal.com"
  • Questions you answer by reply, including whether you want us to act as your appraiser: "Hi [first name]—this is SecondAppraisal, working on the free appraisal consultation for your [vehicle]. We have some photos on file but not the complete set we need. What best describes the vehicle now? [lettered choices] Questions? Text (385) 218-6712 | secondappraisal.com | support@secondappraisal.com"
  • Texts from Jane, before and after a call with her: "Jane, our automated assistant at SecondAppraisal, is about to call you from this number. We think we've built the only automated assistant you'll ever ENJOY talking to — but don't take our word for it. And if you don't love the experience, just tell Jane, and a real person on our team will call you back personally! Questions? Text (385) 218-6712 | secondappraisal.com | support@secondappraisal.com"
  • Invitations to our membership or to sign the Driver Protection Petition: "[first name], it's [caller's first name] at SecondAppraisal Inc. Here's your membership page: [link]. It shows your price and any offer you qualify for. Reply STOP to opt out. Questions? Text (385) 218-6712 | secondappraisal.com | support@secondappraisal.com"
  • Replies from our team to your questions and messages.
• How often. It varies with your consultation and your account. Automated reminders go only between 9 a.m. and 7 p.m. your time.
• Rates. Message and data rates may apply. Check your plan with your mobile carrier.
• Carriers. Carriers are not liable for delayed or undelivered messages.
• Help. Text HELP for help.
• Your number. We do not sell your phone number for money, rent it, or give it to anyone to market their own products to you. If you agree to be put in touch with a licensed local appraiser (Section 3), we give that appraiser your contact details. Our Privacy Policy lists the categories of companies that receive personal information from us. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
• Who sees your choice. Our staff, including the contracted personnel who provide customer service, see whether you have agreed to receive texts, only so they can honor it.
• More detail is on our SMS Consent page.

(E) How to stop.

• STOP. Reply STOP (or UNSUBSCRIBE, CANCEL, END, QUIT, REVOKE or OPTOUT, or any message that plainly asks us to stop) to any text from us. A STOP from your number:
  • ends every text from us to that number, after one reply confirming the stop, except a sign-in code you ask for (both below). We keep the number on our no-text list for five years, unless you text START or UNSTOP;
  • ends Jane's calls, and every call, message and voicemail in an AI or recorded voice, to that number. It also turns off your "Meet Jane" yes for that number. If you later tap "Call me," that is a new request, and Jane may answer it;
  • puts the number on our do-not-call list for five years if the STOP answers a text inviting you to buy (a "sales text"), such as a membership invitation. Then no sales call, from a person or otherwise, goes to that number. We also do this whenever we can't tell whether the last text we sent you before the STOP was a sales text; and
  • otherwise leaves calls from a person on our team, and email, as they were, unless your message also asks us not to call or email you. That is a STOP ALL (below). If we can't tell whether it asks that, calls to the number wait until a person reads it.
• Our reply. You get one text back, within five minutes, confirming the stop. It says what stopped and what is still on, tells you where in your profile to change it, and offers STOP ALL. It sells nothing. If your account has confirmed the number and email from us is on, we also email you once, listing where each way we contact you now stands and where to change it. If your account hasn't confirmed the number, or we can't tell what your message asks, you get a shorter reply and no email.
• Signing in after a STOP. A sign-in code you ask for still goes. But our text provider blocks texts to a number that texted STOP until that number texts START. If your code is blocked, the sign-in screen says so: text START to (385) 218-6712, which turns our texts back on, and try again, or use email instead.
• STOP ALL. Reply STOP ALL (or STOPALL) to end every call, text and email from us to that number and to your account, from a person or otherwise, including consultation notices, documents, our own receipts and staff email. Our payment processor may still email you its own receipt when you pay. A stop that plainly also asks about calls or email, such as "STOP and quit calling" or "stop all contact," is a STOP ALL too. We also put the number on our do-not-call list for five years. Only in-app messages and documents go on, in your dashboard. We confirm it once, by text and by email to each address your account has confirmed (just the email, if our text provider already blocks the number). If your account hasn't confirmed the number, STOP ALL reaches only calls and texts to that number, and only a text answers it. After STOP ALL, we send you only: a sign-in code or link you ask for; a code you ask for to confirm your number for a call; our answer if you text HELP, START or STOP; calls to that number for 30 days after you ask for one through "Call me" (sales calls stay stopped); our email answering your request to delete your personal information; and any notice a law requires us to send whatever you've asked.
• If your stop asks for more. If it asks us not to call you, or not to contact you at all, a person on our team also reviews it as a privacy request. Until then, a "Call me" call waits too, but the STOP ALL text and email and a sign-in code or link you ask for still go. A hold for any other reason, or one a person has confirmed, can still stop them.
• START. To get our texts again, text START or UNSTOP to the number you sent your STOP to. After STOP ALL, that turns back on only texts to that number. You change the rest under "How we contact you" at secondappraisal.com/profile.

• Your profile. In your profile you can turn your "Meet Jane" yes on or off. That controls what part (B) says is based on it. It does not stop Jane's texts around a call you ask for or make. Under "How we contact you," you can also say no to each way we contact you: calls, texts and email, automated or from a person. You can do this for each purpose:

  • your consultation;
  • our other services and offers; and
  • our consumer advocacy, such as the Driver Protection Petition.

  A choice there never stops a sign-in code you ask for. Short of STOP ALL, it also never stops a receipt, a notice we must send about your membership or by law, or work you hired us to deliver.

• Other ways. You can also tell any person on our team, or email support@secondappraisal.com, to stop any call, text or email. A request not to be called always stops, at least, sales calls, recorded messages, Jane's calls and sales texts to that number. We act on every request promptly, within ten business days at most, and keep a record of it for five years.
• Your consultation. A STOP or STOP ALL does not end your consultation or any purchase. After STOP ALL, we keep working on your consultation. We post messages, documents and what we need from you in your dashboard, and answer you there, so please check it.
• Your membership after STOP ALL. If a notice Section 8 says comes before a charge falls due while STOP ALL holds your email address, we don't send it or take that charge, and your membership ends when the period or free period under way ends. A monthly membership's ordinary charges go on until then. A yearly renewal noticed before your STOP ALL goes ahead.

15. Third-party services and links

The Service relies on, and may link to, outside services and data sources (for example, payment processing, sign-in, message delivery, storage, and vehicle and market data). We are not responsible for their availability, accuracy, content or practices. Their own terms and privacy policies may apply when you use them.

16. Things you may not do

You agree not to:

• use the Service against any law or these Terms;
• give us false, fraudulent or infringing information or materials;
• try to get into the Service, or other people's accounts or data, without permission;
• interfere with or disrupt the Service or its systems, including by scraping, automated data collection, denial-of-service attacks or malware;
• reverse engineer the Service or try to extract its source code, except as the law allows; or
• use the Service or Reports to run a competing service, or to resell our Content or outside data.

17. Confidentiality and no privilege

We treat your Customer Materials and consultation information as confidential, and we handle them as our Privacy Policy says. But we are not a law firm. What you share with us is not protected by attorney-client privilege or the work-product doctrine, and it may have to be produced in a lawsuit. Don't send us anything you want to keep privileged.

18. Disclaimer of warranties

TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICE, THE CONTENT AND THE REPORTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, CONTENT OR REPORTS ARE ACCURATE, COMPLETE, CURRENT OR RELIABLE. WE DO NOT WARRANT OR GUARANTEE ANY PARTICULAR OUTCOME FROM USING THE SERVICE. SOME STATES DO NOT ALLOW CERTAIN WARRANTIES TO BE EXCLUDED, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

19. Limits on our liability

TO THE FULLEST EXTENT THE LAW ALLOWS, SECONDAPPRAISAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE.

TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT BE MORE THAN THE GREATER OF (A) THE TOTAL YOU PAID SECONDAPPRAISAL IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR (B) $100.

NOTHING IN THIS SECTION LIMITS STATUTORY DAMAGES, ATTORNEYS' FEES OR ANY OTHER RELIEF THAT APPLICABLE LAW DOES NOT ALLOW TO BE LIMITED BY AGREEMENT. SOME STATES DO NOT ALLOW CERTAIN LIMITS ON LIABILITY, SO SOME OF THESE LIMITS MAY NOT APPLY TO YOU.

20. Claims brought by others

This Section applies only to claims brought by third parties, meaning anyone other than you and us. You agree to defend SecondAppraisal and its officers, directors, employees, contractors and agents against any such claim that arises out of:

• (a) your use of the Service;
• (b) your Customer Materials;
• (c) your breaking these Terms or your promises in Section 9;
• (d) your violation of any law or of anyone else's rights; or
• (e) a misrepresentation by you to the insurer or anyone else.

You also agree to pay the liabilities, damages, losses and expenses (including reasonable attorneys' fees) that come from such a claim. We may take over the defense of such a claim. If we do, you agree to cooperate with us. This Section never shifts fees or costs between you and us in a dispute between you and us.

21. Disputes; binding arbitration; class-action waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

21.1 Try to resolve it informally first. Before starting an arbitration or any other proceeding, you and SecondAppraisal agree to try to resolve the dispute informally. Send a written notice to support@secondappraisal.com that describes the dispute and the relief you want. We will send ours to the contact information we have for you. We will each try in good faith to resolve the dispute for 60 days after the notice arrives. If it is not resolved by then, either of us may proceed under this Section 21.

21.2 Agreement to arbitrate. Except as Section 21.5 says, you and SecondAppraisal agree to resolve disputes by final and binding individual arbitration, not in court. This applies to any dispute, claim or controversy arising out of or relating to the Service or these Terms. It includes disputes about how these Terms were formed, what they mean, whether they were broken, or how they end. The Federal Arbitration Act governs this agreement to arbitrate.

21.3 Rules and place. The American Arbitration Association (AAA) runs the arbitration under its Consumer Arbitration Rules then in effect, as these Terms change them. The rules are at https://www.adr.org. The arbitration is in English. Unless we both agree otherwise, any in-person hearing takes place in the U.S. county where you live. Where the rules allow, a claim may also be decided by phone, by video or on written submissions.

21.4 Costs. The AAA Consumer Arbitration Rules decide who pays filing, administrative and arbitrator fees. Where those rules require SecondAppraisal to pay certain fees for consumer claims, we pay them.

21.5 What doesn't go to arbitration. This arbitration agreement does not require arbitration of:

• (a) claims that qualify for small-claims court, as long as they stay in that court and proceed on an individual basis; or
• (b) claims for an injunction or other equitable relief about actual or threatened infringement, misappropriation or violation of intellectual-property rights.

Either of us may also bring an individual action in court to compel arbitration or to enforce an arbitration award.

21.6 Class-action and jury-trial waiver. To the fullest extent the law allows, you and SecondAppraisal each give up any right to a jury trial. You and SecondAppraisal also agree that claims may be brought only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine more than one person's claims, and may not preside over any kind of representative or class proceeding. If a court decides that the law does not allow a request for public injunctive relief to be waived, only that request is separated from the arbitration. A court decides it after the arbitrator has decided liability and all individual relief, and the court proceeding on it is paused until then. The class-action waiver still bars class, collective and consolidated treatment of every claim, in arbitration and in court.

21.7 Your right to opt out. You may opt out of this arbitration agreement (Sections 21.2 to 21.6) by emailing support@secondappraisal.com:

• within 30 days after you first accept these Terms; or
• within 30 days after your first fee step under this version or a later one. A fee step is saving your card for our fee (Section 8), sending or authorizing your appointment letter, buying Appraisal Research, or joining a membership.

Your email must include your name, the email address on your account, and a clear statement that you want to opt out of arbitration. We note each opt-out on your account, and we never use this Section 21 against you after you opt out. Opting out does not change any other part of these Terms, or any other arbitration agreement you may have with us.

21.8 Severability. If any part of this Section 21 (other than the class-action waiver, which Section 21.6 deals with) is found unenforceable, that part is removed, and the rest still applies.

21.9 Survival. This Section 21 continues after these Terms end or your relationship with SecondAppraisal ends.

22. Governing law and courts

The laws of the State of Utah, without regard to its conflict-of-law rules, and U.S. federal law (including the Federal Arbitration Act) govern these Terms and any dispute that is not arbitrated. A dispute that is not arbitrated and is not in small-claims court goes to the state or federal courts located in Utah. If you are a consumer, you may instead bring any dispute that is not subject to arbitration in the state or federal courts for the county where you live. That includes a request separated under Section 21.6.

23. Ending your account; what continues

You may stop using the Service at any time, and you may delete your account (Section 5). We may suspend or close your access or your account, in whole or in part, at any time, with or without notice. We may do this if we reasonably believe you have broken these Terms or created risk or legal exposure for us, or for operational, legal or security reasons.

Sections 3, 4, 7 to 14, 17 to 22, 24 and 25 continue after these Terms end or your account ends.

24. Changes to the Service and to these Terms

We may change or stop the Service, or any part of it, at any time. We may also publish a new version of these Terms. Each version has its own version number and date at the top.

• A new version binds you only when you accept it by checking a box or pressing a button. We ask you to accept it when you join a membership, when you save your card for our fee (Section 8), or when you ask us for a new consultation.
• Until then, the version you accepted still applies to you.
• A change to Section 21 never applies to an earlier dispute. A dispute is earlier if, before we post the change, it had arisen, we knew about it, or either of us had given notice of it under Section 21.1.
• A change that adds a new use or disclosure of your personal information (including a transfer), or keeps it longer, applies only to information we collect after the change takes effect, unless you expressly agree. Using the Service is not that agreement. We tell you about such a change by email or in your account. If you agree, you can withdraw that agreement later by contacting us (Section 27), and we stop applying the change to information we collected earlier.
• Using the Service after a change is never, by itself, acceptance of a new version.

25. General

• Entire agreement. These Terms, with the Privacy Policy, the Legal Disclaimer and any terms expressly made part of them or agreed for a specific service, are the entire agreement between you and SecondAppraisal about the Service. They replace earlier agreements on that subject.
• Severability. If any part is held unenforceable, the rest stays in full force, and that part is enforced as far as the law allows.
• No waiver. If we don't enforce a part of these Terms, we can still enforce it later.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition, reorganization or sale of assets.
• Events beyond our control. We are not liable for a delay or failure caused by something beyond our reasonable control.
• Relationship. These Terms create no partnership, joint venture, agency (except the limited appraisal authorization in Section 10) or employment.
• Headings. Headings are for convenience only. They don't change what the Terms mean.
• Notices. We give you notice by email, by text where Section 14 allows, in your account, or by mail where Section 14(A) says. You may give notice to us at the contact information in Section 27.

26. California notice

If you live in California, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can reach it by mail or by phone, using the contact information it publishes. We give this notice because the law asks us to. It does not add to our duties under these Terms.

27. Contact

SecondAppraisal Inc

• Mail: 2261 Market Street STE 62084, San Francisco, CA 94114
• Phone: (385) 218-6712
• Email: support@secondappraisal.com
• Privacy requests: privacy@secondappraisal.com
• Website: https://secondappraisal.com