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LIMITATION OF LIABILITY AND INDEMNIFICATION ADDENDUM

Document Version: 1.0

Last Updated: February 16, 2026

Effective Date: February 16, 2026

1. PURPOSE OF THIS ADDENDUM

This Limitation of Liability and Indemnification Addendum ("Addendum") supplements and is incorporated into the Terms of Service, Disclaimer, Privacy Policy, and Refund Policy of FlightClaim ("Company," "we," "us," or "our"), operated by Reuben Runacres.

This Addendum provides additional detail and legal protections regarding liability limitations and indemnification obligations.

BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS ADDENDUM.

2. DISCLAIMER OF WARRANTIES

2.1 No Warranties of Any Kind

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLIGHTCLAIM PROVIDES ALL SERVICES, DIGITAL PRODUCTS, INFORMATION, AND CONTENT "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

2.2 Express Disclaimers

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability
  • Warranties of fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties of title
  • Warranties of accuracy, reliability, or completeness
  • Warranties that the service will be uninterrupted, secure, or error-free
  • Warranties that defects will be corrected
  • Warranties arising from course of dealing or usage of trade

2.3 No Warranty of Outcomes

WE DO NOT WARRANT THAT:

  • The information we provide is accurate, complete, or up to date
  • Your eligibility assessment reflects your actual eligibility for compensation
  • Airlines will honor or respond to any claim you file
  • You will receive any compensation from any airline
  • The use of our services will result in any particular outcome or benefit

3. LIMITATION OF LIABILITY

3.1 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLIGHTCLAIM'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, PURCHASE OF DIGITAL PRODUCTS, OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO FLIGHTCLAIM FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

3.2 Exclusion of Consequential and Other Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLIGHTCLAIM, REUBEN RUNACRES, OR ANY AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE FOR:

  • Indirect, incidental, consequential, special, punitive, or exemplary damages of any kind
  • Loss of profits, revenue, business, data, goodwill, or opportunities
  • Damages resulting from loss of use, interruption of service, or data corruption
  • Damages resulting from reliance on information provided by FlightClaim
  • Damages resulting from errors, omissions, inaccuracies, or outdated information
  • Damages arising from airline denials, delays, or refusals to pay compensation
  • Damages arising from your inability to file or win a claim
  • Damages arising from third-party actions, including airlines, regulatory authorities, or courts
  • Damages arising from data breaches, hacking, viruses, or technical failures
  • Damages arising from your misuse of our services or violation of our Terms

3.3 Application of Limitations

These limitations and exclusions apply:

  • Regardless of the legal theory (whether based in contract, tort, negligence, strict liability, warranty, or any other theory)
  • Even if FlightClaim has been advised of the possibility of such damages
  • Even if a limited remedy provided herein fails of its essential purpose
  • To the fullest extent permitted by applicable law

3.4 Jurisdictions with Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

4. ASSUMPTION OF RISK

4.1 Voluntary Use

You acknowledge and agree that your use of FlightClaim's services is entirely voluntary and at your own risk.

4.2 No Guarantees

You understand and accept that:

  • FlightClaim provides informational assessments, not legal advice or guarantees
  • No outcome with any airline is guaranteed
  • Airlines may deny, delay, or refuse to respond to your claim
  • You are solely responsible for all actions taken based on information from FlightClaim

4.3 Independent Verification

You agree that you are solely responsible for independently verifying any information provided by FlightClaim before taking action.

5. INDEMNIFICATION BY USER

5.1 Indemnification Obligation

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FLIGHTCLAIM, REUBEN RUNACRES, AND ANY AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES), AND JUDGMENTS ARISING OUT OF OR RELATED TO:

  • Your use or misuse of our services
  • Your reliance on information provided by FlightClaim
  • Your violation of these Terms, our Disclaimer, Privacy Policy, or Refund Policy
  • Your violation of any applicable law, regulation, or third-party right
  • Any false, fraudulent, misleading, or inaccurate information you provide
  • Any claim, dispute, or legal action you file or pursue against an airline based on information from FlightClaim
  • Any claim, dispute, or legal action brought against you by an airline, regulatory authority, or third party
  • Your breach of any representation, warranty, or covenant in these Terms
  • Any negligent or willful misconduct by you
  • Any damage to property or injury to persons caused by your actions

5.2 Defense and Settlement

You agree to cooperate fully in the defense of any claim subject to indemnification. FlightClaim reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FlightClaim in asserting any available defenses.

You may not settle any claim subject to indemnification without FlightClaim's prior written consent.

5.3 Survival

This indemnification obligation shall survive the termination of your use of our services and these Terms.

6. RELEASE OF CLAIMS

6.1 General Release

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, AND DISCHARGE THE INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO:

  • Your use of FlightClaim's services
  • Any information, assessment, report, or guidance provided by FlightClaim
  • Any outcome or lack thereof with any airline or third party
  • Any reliance on information provided by FlightClaim

6.2 Waiver of Unknown Claims

You acknowledge that you may later discover facts different from or in addition to those you now know or believe to be true. You agree that this release applies to all claims, known or unknown, suspected or unsuspected.

To the extent permitted by law, you expressly waive any rights under California Civil Code Section 1542 or similar statutes in other jurisdictions, which provides:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected his or her settlement with the debtor or released party."

7. NO LIABILITY FOR THIRD-PARTY ACTIONS

7.1 Airlines and Regulatory Authorities

FlightClaim is not liable for any actions, decisions, delays, denials, or failures to respond by:

  • Airlines
  • Airports
  • Regulatory authorities (e.g., European Commission, U.S. Department of Transportation)
  • Courts or arbitration bodies
  • Any other third party

7.2 Third-Party Websites and Services

We are not liable for any third-party websites, services, tools, or resources you may access through links on our website or based on information we provide.

8. NO LIABILITY FOR USER CONDUCT

We are not liable for:

  • Any actions you take based on information from FlightClaim
  • Any claims you file with airlines or regulatory authorities
  • Any disputes or legal actions between you and any third party
  • Any fraudulent, false, or misleading information you provide
  • Any violation of law or regulation by you

9. LIMITATION ON TIME TO FILE CLAIMS

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF FLIGHTCLAIM'S SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE PERMANENTLY BARRED.

10. ALLOCATION OF RISK

You acknowledge and agree that the fees charged by FlightClaim reflect the allocation of risk set forth in these Terms, this Addendum, and our other policies. The limitations of liability and indemnification obligations are fundamental elements of the agreement between you and FlightClaim.

Without these limitations, FlightClaim would not be able to provide services at the current price point.

11. SEVERABILITY

If any provision of this Addendum is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

12. NO THIRD-PARTY BENEFICIARIES

This Addendum is for the sole benefit of you and FlightClaim. No third party (including airlines, regulatory authorities, or other users) shall have any rights or claims under this Addendum.

13. ENTIRE AGREEMENT

This Addendum, together with the Terms of Service, Disclaimer, Privacy Policy, and Refund Policy, constitutes the entire agreement between you and FlightClaim regarding limitation of liability and indemnification, and supersedes all prior or contemporaneous communications, agreements, or understandings.

14. GOVERNING LAW AND JURISDICTION

These Terms and this Addendum shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. Any legal action not subject to binding arbitration under the Terms of Service, including actions to compel arbitration or enforce an arbitration award, shall be brought exclusively in the state or federal courts located in Texas, and you consent to the personal jurisdiction of such courts.

15. ARBITRATION AND CLASS ACTION WAIVER

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SERVICES, ANY PURCHASE, OR ANY COMMUNICATION BETWEEN YOU AND FLIGHTCLAIM SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION as set forth in the Terms of Service.

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

You further agree that the arbitrator shall have no authority to consolidate claims or preside over any form of representative or class proceeding.

16. MODIFICATIONS

We reserve the right to update, modify, or revise this Addendum at any time without prior notice. Changes will be effective immediately upon posting to our website.

Your continued use of our services after changes are posted constitutes acceptance of the revised Addendum.

17. CONTACT INFORMATION

For questions or concerns regarding this Addendum, please contact:

FlightClaim
Operated by Reuben Runacres
Email: reuben.runacres@alpha.school
Location: United States

18. ACKNOWLEDGMENT AND ACCEPTANCE

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

  • You have read and understood this Limitation of Liability and Indemnification Addendum
  • You agree to be bound by its terms
  • You understand and accept the limitations on FlightClaim's liability
  • You agree to indemnify and hold harmless the Indemnified Parties
  • You release all claims against FlightClaim to the maximum extent permitted by law
  • You accept all risks associated with using our services

END OF LIMITATION OF LIABILITY AND INDEMNIFICATION ADDENDUM

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