TUGBOAT SOLUTIONS INC. TERMS OF SERVICE

Last Updated: April 30, 2025

AGREEMENT TO TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you and TUGBOAT SOLUTIONS INC., doing business as Tugboat ("Tugboat," "we," "us," or "our"), covering your access and use of www.tugboat.claims, app.tugboat.claims, and any related mobile applications (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, please discontinue use immediately.

We may update these Terms at any time. Changes become effective upon posting to the Platform. Your continued use constitutes acceptance of any changes.

WHO MAY USE OUR PLATFORM

The Platform is intended for users who are at least 18 years old. By using the Platform, you represent that you meet this requirement.

USER DATA AND PRIVACY

We do not and will not sell your personal information.

We take data protection seriously and employ encryption, granular permissions, and security measures to safeguard your information. Personal identifying information (such as your name, address, phone number, and policy details) is encrypted and protected.

Any details you share, including your policy information, will be used to make sure the support we provide is relevant and tailored to your specific coverage situation.

Anonymized and Aggregated Data

We may use anonymized, aggregated data (data that cannot reasonably identify you) for:

• Improving our services and user experience
• Training our internal models and systems
• Industry research and statistics
• Responding to requests from regulatory authorities
• Supporting legal or administrative proceedings where required by law

In rare cases where anonymized data must be verified for legal proceedings or regulatory compliance, we will follow all applicable laws and make reasonable efforts to maintain confidentiality while fulfilling our legal obligations.

For complete details on how we collect, use, and protect your information, please review our Privacy Policy.

INTELLECTUAL PROPERTY

All content, features, and functionality of the Platform, including text, graphics, logos, and software, are owned by Tugboat and protected by copyright and trademark laws.

You are granted a limited license to access and use the Platform for personal, non-commercial purposes. No content may be copied, reproduced, distributed, or modified without our express written permission.

THIRD-PARTY SERVICES

Our Platform is built on and uses several third-party services to provide our functionality:

• Noloco.io: We use Noloco.io as our web application development platform. When you use our Platform, certain information may be processed through Noloco.io's systems.
• Airtable: We use Airtable for database management and information storage. Data you provide through our Platform may be stored and processed in Airtable's systems.
• Google: We use various Google services for hosting, analytics, and other functionality. These services may collect and process information about your usage of our Platform.

These third-party services have their own terms of service and privacy policies. By using our Platform, you acknowledge and agree that your information may be transmitted to and processed by these third parties. While we carefully select our service providers and take reasonable steps to ensure they maintain appropriate security and confidentiality standards, we cannot guarantee their practices.

We encourage you to review the privacy policies and terms of service of these third parties:

• Noloco.io: https://www.noloco.io/legal
• Airtable: https://www.airtable.com/legal
• Google: https://policies.google.com/privacy

We remain responsible for our handling of your information and will only share the minimum information necessary with these third parties to provide our services to you.

PROHIBITED ACTIVITIES AND INSURANCE COMPLIANCE

You agree not to:

• Use the Platform for any illegal purpose
• Submit false or misleading information
• Upload content that infringes on others' rights
• Attempt to gain unauthorized access to the Platform
• Use the Platform to compete with us
• Upload photos containing others' private information
• Misrepresent Tugboat as your legal representative

Insurance Fraud Prohibition

As our Platform relates to insurance claims assistance, you specifically agree not to:

• Submit false, exaggerated, or fraudulent insurance claims through our Platform
• Misrepresent damage, policy information, or claim details
• Use our tools to generate or support fraudulent documentation
• Submit documentation you know to be inaccurate to your insurance carrier
• Use the Platform to generate multiple claims for the same damage
• Attempt to use our services to circumvent proper insurance procedures
• Make material misrepresentations about prior claims history or property damage

You acknowledge that insurance fraud is a crime that can result in civil penalties, criminal prosecution, and policy cancellation. Tugboat reserves the right to report suspected fraudulent activity to appropriate authorities and insurance carriers.

By using our Platform, you confirm that all information you provide is truthful and accurate to the best of your knowledge.

USER CONTRIBUTIONS

When you share content on our Platform (such as photos, comments, or messages):

• You retain ownership of your content
• You grant us a limited license to display and use this content to provide and improve our services
• We will only use your content to help you with your claims and improve our Platform
• We won't use your content for marketing without your explicit permission

You are responsible for ensuring your shared content is accurate and doesn't violate others' rights. We respect your privacy and will handle all contributions according to our data protection commitments.

RELATIONSHIPS AND DISCLAIMERS

Tugboat provides guidance and support but does not operate as a licensed public adjuster or attorney. Tugboat does not negotiate or adjust claims on your behalf. The information provided is intended to empower you in managing your own claim, but it is fully your responsibility to pursue and handle the claim. Tugboat is not responsible for claim outcomes. Any tools and resources provided are based on the information you provide, which may be incorrect or incomplete.

Company Relationships

Tugboat Solutions Inc. owns Waypoint Adjusting, which is a public adjusting firm that employs licensed public adjusters. If you choose to engage Waypoint Adjusting's services, this will be under a separate agreement with separate terms and conditions. This Terms of Service does not govern your relationship with Waypoint Adjusting.

Tugboat maintains professional relationships with various industry providers, including but not limited to:

• Restoration contractors
• Mediation specialists
• Contents testing professionals
• Inventory specialists
• Pack-out and storage services
• Attorneys
• Other insurance professionals

We may collaborate with these service providers to help you address your needs. Tugboat strives to only recommend service providers who deliver high-quality services. However, Tugboat is not responsible for the actions, omissions, or quality of services provided by any third party.

You are never obligated to use any service providers we mention, and you are free to choose any qualified professional of your own selection.

THIRD-PARTY LINKS AND CONTENT

The Platform may contain links to third-party websites and content. We are not responsible for third-party content and do not endorse any third-party products or services.

TERMINATION

We reserve the right to terminate your access to the Platform at any time, without notice, for any reason, including violation of these Terms.

DISCLAIMER OF WARRANTIES

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISPUTE RESOLUTION

Any dispute arising from these Terms will be resolved through binding arbitration conducted in Grand Forks, North Dakota under the Commercial Arbitration Rules of the American Arbitration Association.

Class action lawsuits, class-wide arbitrations, and any other proceedings where someone acts in a representative capacity are not permitted.

GOVERNING LAW

These Terms are governed by the laws of North Dakota, without regard to conflict of law principles.

MOBILE SERVICES

By providing your mobile number, you consent to receive text messages from Tugboat. Message and data rates may apply. You may opt-out by texting STOP to the sending number.

CONTACT US

For questions about these Terms, please contact us:

TUGBOAT SOLUTIONS INC. 33 S THIRD ST. UNIT D Grand Forks, ND 58201 United States Phone: 805-610-8719 Email: support@tugboat.claims