Membership Agreement

Last Updated: 04/01/25

This Membership Agreement (“Agreement”) is entered into between NDAS Inc. dba Deductify (“Deductify,” “we,” “us,” or “our”) and the individual or entity (“Member,” “you,” or “your”) who purchases a Deductify membership. By purchasing a Deductify membership, you agree to all of the terms and conditions set forth below.

1. Introduction

1.Purpose of Agreement

This Agreement outlines the terms and conditions governing your membership with Deductify, including the benefits, fees, eligibility requirements, and policies regarding deductible reimbursements.

2. Acceptance of Terms

By purchasing or renewing a membership, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.

2. Membership Benefits

1. Deductible Coverage

Deductify will pay your collision deductible and animal-hit deductible, up to the limits of your selected membership plan, for each eligible registered vehicle.

2. Claim Limits

• Members may file up to two (2) claims per registered vehicle within a 12-month period.
• Deductify does not cover comprehensive deductibles unless explicitly stated otherwise in your membership plan.

3. No Guarantee of Eligibility

Benefits apply only under the conditions described in this Agreement. Deductify’s approval of benefits is contingent on meeting all membership and claim requirements.

3. Membership Eligibility & Registration

1. Registered Vehicles

Only registered vehicles are eligible for deductible benefits.
• Members must submit vehicle photos and registration documents via the customer portal for approval.

2. Approval of Eligibility

• Deductify reserves the right to approve or deny a vehicle’s eligibility at its sole discretion.• Unregistered vehicles are not eligible for deductible reimbursement, but may access other membership perks if offered.

4. Filing a Deductible Request

1. Conditions for Filing

To request a deductible benefit, all of the following conditions must be met:

The loss must have been reported to your auto insurance company, and you must provide a valid insurance claim number.
The deductible benefit request must be verified and approved by Deductify.

2. Exclusions

Deductify will not honor a deductible request if:

• The date of loss is before the membership start date.
The loss occurs within the 30-day grace period following vehicle approval.

3. Benefit Limits

The deductible reimbursement is not a loan and is limited to the actual deductible amount listed on your insurance claim, up to the maximum benefit of your membership plan.

4. Example Scenarios

• Membership Plan Deductify Lite ($1,000 Limit) - $1,000 Deductible Amount - Deductify pays up to $1,000
• Membership Plan Deductify Pro ($1,500 Limit) - $1,500 Deductible Amount - Deductify pays up to $1,500
• Membership Plan Deductify Max ($2,000 Limit) - $2,000 Deductible Amount - Deductify pays up to $2,000

5. Membership Fees & Cancellations

1. Membership Fees

Membership fees are billed according to the plan you select.
Fees may be changed at Deductify’s discretion. Members will receive 30-day notice prior to any fee increase.

2. Cancellation

You may cancel your membership at any time. Your membership remains active until the end of the current billing cycle.
• Deductify reserves the right to cancel any membership at its discretion.

6. Vehicle Replacement & Registration

1. Adding or Replacing Vehicles

You may add, remove, or replace vehicles on your plan.
Any new, reinstated, or replaced vehicle must go through the registration process and be approved before becoming eligible for deductible reimbursement.

2. Grace Period

Newly added or replaced vehicles are subject to the same 30-day grace period, during which no claims requests will be permitted.

7. No Guarantee of Claim Approval

1. Internal Review

All claims are subject to Deductify’s internal review process.
Deductify reserves the right to deny any claim that does not meet the eligibility criteria outlined in this Agreement.

8. Membership Suspension or Termination

1. Immediate Suspension or Termination

Deductify may suspend or terminate a membership immediately if:

The member provides false or misleading information during the registration or claims process.
Deductify determines the member has engaged in fraudulent activity.
The member violates any terms of this Agreement.

2. Effect of Termination

If membership is terminated for any of the above reasons, no refunds will be issued.
Deductify may notify you of termination via email or other written communication.

9. Refund & No Prorated Fees Policy

1. No Refunds

• Membership fees are non-refundable
, and Deductify does not provide partial or prorated refunds for early cancellations.

2 Active Service

Once a membership fee is paid, the service remains active until the end of the current billing cycle, even if you cancel before that period ends.

10. Limitation of Liability

1. Indirect & Consequential Damages

To the fullest extent permitted by law, Deductify shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to this Agreement.

2. Liability Cap

Deductify’s total liability shall not exceed the total amount you paid for the membership in the preceding 12 months.

3. Service Interruptions

Deductify is not responsible for delays or failures in service due to circumstances beyond its control (e.g., system failures, third-party processing issues, or force majeure events).

11. Indemnification

By using Deductify, you agree to indemnify, defend, and hold harmless NDAS Inc. dba Deductify, its officers, employees, and affiliates from any claims, liabilities, damages, or legal expenses arising from:

Your use of the service.
Any misrepresentation or fraudulent activity related to your membership or claims.
Any disputes with your insurance company related to a deductible reimbursement request.

12. Force Majeure

1. Events Beyond Control

Deductify shall not be liable for any failure to fulfill its obligations caused by events beyond its reasonable control, including but not limited to natural disasters, cyberattacks, technical failures, or government actions.

13. Dispute Resolution & Arbitration

1. Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
Arbitration will take place in [State of Incorporation], and the arbitrator’s decision shall be final and binding.

2. Waiver of Court Proceedings

By agreeing to arbitration, you waive your right to pursue legal action in court or to participate in a class-action lawsuit.

14. Class Action Waiver

1. Individual Capacity

You agree to bring any claims against Deductify in your individual capacity, not as a plaintiff or class member in any class action or representative proceeding.

2. No Group Lawsuits

You shall not combine your claims with those of other members or litigate jointly or through consolidated actions.

15. Electronic Communications Consent

1. Consent to Electronic Delivery

By signing up for a Deductify membership, you consent to receive all communications, including updates to this Agreement, via email or through the Member portal.

2. Responsibility for Receiving Emails

Deductify is not responsible for unread or misdirected emails, and it is your responsibility to ensure that your contact information is current and accurate.

16. Amendments to the Agreement

1. Right to Modify

Deductify may update or modify this Agreement at any time.You will be notified of any material changes via email or through the Member portal.

2. Continued Use

Your continued use of the membership after receiving notice of changes constitutes your acceptance of the updated Agreement.

17. Governing Law

1. Jurisdiction

This Agreement is governed by the laws of [State of Incorporation of NDAS Inc.], without regard to its conflict of law principles.

2. Acknowledgment

By using Deductify, you acknowledge that you have read, understood, and agree to these terms.

Contact Information

NDAS Inc. dba Deductify
1881 Washington Ave.
Suite 12G Miami Beach, FL 33139
Email: support@deductify.com

Disclaimer

This document is provided for informational purposes only and does not constitute legal advice. Please consult with a licensed attorney to ensure it meets all applicable legal requirements for your jurisdiction.