SAUSERA
The rules that govern your use of sausera.com. If you have a paid Sausera product, the Master Services Agreement signed at purchase governs that paid relationship — these Terms cover your use of the public Site itself.
PLEASE READ THESE TERMS CAREFULLY. These Terms include a binding individual arbitration clause and a class action waiver in Section 13. By accessing or using the Site, you agree to those provisions. You may opt out of arbitration within 30 days of first agreeing — see Section 13.6.
These Terms of Service ("Terms") form a legally binding agreement between you ("you" or "User") and Sausera LLC ("Sausera," "we," "us," or "our") and govern your access to and use of sausera.com (the "Site") and any non-paid services provided through the Site. By accessing, browsing, or otherwise using the Site, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree, do not use the Site.
If you purchase a paid Sausera product, the separate Master Services Agreement ("MSA") executed at purchase governs that paid relationship. These Terms govern your use of the public Site itself.
You represent and warrant that:
You may use the Site for lawful purposes only. You agree not to, and not to attempt to:
All content, materials, code, graphics, logos, names, designs, layouts, photographs, audiovisual works, automations, methodologies, and "look and feel" of the Site (collectively, the "Sausera IP") are the exclusive property of Sausera LLC or its licensors and are protected by United States and international copyright, trademark, trade-secret, patent, and other intellectual-property laws. All rights not expressly granted to you in these Terms are reserved.
You may not copy, reproduce, republish, modify, translate, distribute, transmit, display, perform, license, sell, frame, mirror, or create derivative works from any Sausera IP without our prior written consent. Unauthorized use of the Sausera IP may result in termination of your access to the Site and may give rise to claims for damages and equitable relief.
The "Sausera" name, the Sausera mark, and any associated logos, taglines, and product names are trademarks of Sausera LLC. Other product or service names referenced on the Site may be trademarks of their respective owners.
If you submit any information, idea, suggestion, feedback, or other content (collectively, "Submissions") through the Site or to Sausera, you:
Use of personal information you submit is governed by our Privacy Policy.
Statistics, ranges, time estimates, outcome figures, and similar representations shown on the Site — including but not limited to claim recovery ranges (such as "$2,000 to $15,000"), response-time targets (such as "60 seconds" or "roughly a minute"), install timelines (such as "15 business days"), automation counts (such as "75+"), pipeline benchmarks ("22 stages"), and rep earnings projections — are illustrative typical results based on Sausera's internal data, operational design, and good-faith estimates as of the effective date of these Terms.
Actual results vary materially by customer, market, claim type, carrier, jurisdiction, customer effort, and other factors outside our control. Nothing on the Site is a guarantee, warranty, or promise of any specific result, financial outcome, recovery amount, response time, or service level. Service-level commitments, where they exist for paying customers, are defined exclusively in the MSA you sign at purchase.
Geographic availability for specific features may vary and is subject to change without notice. The Insurance Recovery + Supplement Suite is currently available only in the State of Texas. Confirm state availability for any specific feature on a demo call before purchase.
Sausera is not a licensed adjuster, public adjuster, appraiser, attorney, or law firm. Sausera does not provide legal advice or insurance advice, does not negotiate claims on behalf of any policyholder, does not represent any party in any insurance dispute, and does not refer customers to public adjusters or appraisers.
Where Sausera's Recovery Suite includes Public Adjuster and appraisal workflows, those workflows coordinate documentation, scheduling, and follow-up cadence with the customer's own existing, independent, state-licensed third-party adjuster, appraiser, or attorney. Selection, engagement, supervision, and compensation of any such third party is solely the customer's responsibility, and Sausera disclaims any liability for the conduct, advice, work product, or fee arrangements of any such third party.
The Recovery Suite is intended for use only by licensed roofing contractors operating in jurisdictions where its use is legally permitted, in connection with claims and customers for whom they are properly contracted under all applicable laws. Customer's use of the Recovery Suite in any unauthorized manner is a material breach of these Terms and the MSA.
The Site links to and uses third-party services, including but not limited to Stripe (payments), Formsubmit (form delivery), Google Workspace (email and document hosting), and other CRM and integration platforms. Your use of those services is governed by the terms and privacy policies of those third parties. Sausera is not responsible for the conduct, content, or availability of any third-party service.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, ITS CONTENT, AND ANY SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SAUSERA AND ITS LICENSORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
SAUSERA DOES NOT WARRANT THAT (A) THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) ANY DEFECT OR ERROR WILL BE CORRECTED; (C) RESULTS OBTAINED FROM USING THE SITE WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS; OR (D) ANY THIRD-PARTY SERVICE OR INTEGRATION REFERENCED ON THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
You acknowledge and agree that any reliance on any information, statistic, projection, or representation on the Site is at your sole risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAUSERA, ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND — INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITY, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COSTS OF SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS — ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF SAUSERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SAUSERA'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE — REGARDLESS OF THE NUMBER OR FORM OF CLAIMS — SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100), OR (B) THE AMOUNT YOU ACTUALLY PAID SAUSERA, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SAUSERA SHALL HAVE NO LIABILITY OF ANY KIND FOR THE ACTS, OMISSIONS, ERRORS, OR DELAYS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION INSURANCE CARRIERS, ADJUSTERS, PUBLIC ADJUSTERS, APPRAISERS, ATTORNEYS, MORTGAGE COMPANIES, SUBCONTRACTORS, INTEGRATION VENDORS, OR PAYMENT PROCESSORS.
The limitations in this Section 9 are essential elements of the bargain between you and Sausera, and these Terms would not be entered into without them. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. To the extent applicable law does not permit such exclusion or limitation, those provisions shall apply only to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless Sausera LLC and its parent, subsidiaries, affiliates, licensors, officers, directors, employees, contractors, and agents (the "Indemnified Parties") from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and expert-witness fees) arising out of or relating to:
Sausera reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that matter. You agree not to settle any matter that affects an Indemnified Party without the prior written consent of Sausera.
We may suspend, restrict, or terminate your access to the Site at any time, with or without notice, for any reason, including any actual or suspected violation of these Terms. Termination does not limit any other right or remedy we may have. The following provisions of these Terms shall survive termination: 3 (Intellectual property), 4 (Feedback and submissions), 5 (Forward-looking statements), 6 (Insurance Recovery disclaimer), 8 (Disclaimers), 9 (Limitation of liability), 10 (Indemnification), 12 (Governing law), 13 (Mandatory binding arbitration), and any other provision that by its nature should survive.
These Terms and any dispute arising out of or relating to these Terms, the Site, or your use of the Site shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 13 (which requires individual arbitration of most disputes), the exclusive venue for any judicial proceeding permitted under these Terms is the state and federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts.
PLEASE READ THIS SECTION CAREFULLY. It limits how disputes between you and Sausera are resolved, requires individual arbitration, waives your right to a jury trial and to participate in a class action, and shortens the time you have to bring a claim.
Before initiating any formal proceeding, the party with a dispute must send written notice to the other at the contact information in Section 22 (or, for Sausera, to info@sausera.com). The notice must describe the nature and basis of the dispute and the specific relief sought. The parties agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days following receipt of such notice. Compliance with this Section 13.1 is a condition precedent to any formal action.
If the dispute is not resolved within thirty (30) days of the notice required by Section 13.1, you and Sausera agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, or your use of any service or content provided by Sausera — including the validity, scope, and enforceability of this arbitration agreement, and including claims based in contract, tort, statute, regulation, fraud, misrepresentation, or any other legal or equitable theory — shall be resolved exclusively through final and binding individual arbitration, except as set forth in Sections 13.5 and 13.6.
The arbitration shall be administered by the American Arbitration Association ("AAA") under its then-current Commercial Arbitration Rules, as modified by these Terms (the "AAA Rules"), available at adr.org. The arbitration shall be conducted by a single neutral arbitrator. The seat of arbitration shall be Travis County, Texas, and the proceeding may be conducted by video or telephone conference upon mutual agreement. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section 13.
YOU AND SAUSERA EACH AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE INDIVIDUAL DISPUTE BETWEEN YOU AND SAUSERA. To the fullest extent permitted by law:
YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, OR REPRESENTATIVE ACTION AGAINST SAUSERA. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If the class action waiver in Section 13.3 is found unenforceable as to any particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed and proceed in court in the venue specified in Section 12, and the remainder of Section 13 shall remain in full force and effect for all other claims. If, however, Section 13.3 is held to be unenforceable in its entirety, the entirety of Section 13 (including the obligation to arbitrate) shall be void, and any dispute shall be resolved in the courts identified in Section 12.
Notwithstanding Section 13.2, either party may bring an action in a court of competent jurisdiction:
You may opt out of the arbitration agreement and class action waiver in this Section 13 by sending written notice of your decision to opt out to info@sausera.com within thirty (30) days of first agreeing to these Terms. The notice must include your full legal name, mailing address, and a clear, unambiguous statement that you wish to opt out of arbitration. Opting out applies only to this Section 13; the remaining provisions of these Terms continue to govern your use of the Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SAUSERA EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY OF ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE THAT IS NOT SUBJECT TO ARBITRATION.
Any claim arising out of or relating to these Terms or your use of the Site must be initiated within ONE (1) YEAR after the cause of action arose, regardless of any longer statute of limitations otherwise available under applicable law. Any claim not initiated within that period is permanently barred. This Section 13.8 does not apply where prohibited by applicable law.
We may update these Terms from time to time at our sole discretion. The effective date at the top of this page reflects the most recent version. We will provide notice of material changes by updating the effective date and, where appropriate, by posting a notice on the Site or notifying paying customers. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to any updated Terms, you must stop using the Site.
Sausera shall not be liable for any failure or delay in performance arising from causes beyond our reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications outages, third-party service failures, denial-of-service attacks, pandemics, or other force majeure events.
You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent. Any attempted assignment without consent is void. Sausera may assign or transfer these Terms, in whole or in part, without restriction or notice. These Terms bind and benefit each party's successors and permitted assigns.
The relationship between you and Sausera is that of independent contractors. Nothing in these Terms creates any partnership, joint venture, employment, agency, fiduciary, or franchise relationship. Neither party has authority to bind the other or to incur obligations on the other's behalf without prior written consent.
You consent to receive communications from Sausera in electronic form (including email, text-message, and through the Site) and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any electronic acceptance of these Terms (including by clicking a checkbox, button, or similar mechanism) constitutes a valid and enforceable signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN), the Texas Uniform Electronic Transactions Act, and any analogous applicable laws.
You agree to comply with all applicable U.S. export-control and sanctions laws and regulations, including the U.S. Export Administration Regulations and any sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent that you are not located in, organized under the laws of, or ordinarily resident in any country, region, or territory subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of restricted or prohibited parties.
These Terms do not confer any rights or remedies on any third party. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by the waiving party.
If any provision of these Terms is held to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect. These Terms, together with our Privacy Policy and (if applicable) the Master Services Agreement signed at purchase, constitute the entire agreement between you and Sausera regarding your use of the Site, and supersede any prior or contemporaneous agreements or communications on the same subject.
Sausera LLC
Texas, United States
Email: info@sausera.com
Phone: (512) 636-0889