Part B — AI QA Agent Supplemental Terms
These AI QA Agent Supplemental Terms (“AI Terms”) govern access to and use of the AI QA Agent service (the “Service”) provided by Boost USA LLC, an Ohio limited liability company (“Boost USA,” “we,” “us”), to the customer identified in the applicable order or account registration (“Client,” “you”). By accessing the Service, creating an account, or submitting payment information, you agree to these AI Terms.
B.1 Scope and Relationship to the General Terms
B.1.1 These AI Terms apply only to the AI QA Agent service. They supplement, and form part of, the General Terms and Conditions for Services set out in Part A above.
B.1.2 Part A applies in full to the Service except where these AI Terms expressly provide otherwise. Where these AI Terms conflict with Part A in respect of the Service, these AI Terms control for the Service only. Part A continues to apply without modification to all other services provided by Boost USA.
B.1.3 In these AI Terms, “Boost USA,” “we,” and “us” refer to the party defined as “Vendor” in Part A, and “Client” and “you” have the meaning given to “Client” in Part A.
B.2 Service Description
The Service is an artificial-intelligence-assisted quality assurance tool that reviews inspection content (including photographs, form entries, and inspector responses) to identify potential discrepancies, omissions, or errors (“Flags”). The Service operates on a best-efforts basis to surface potential issues for the Client’s review. The Service is provided as software-as-a-service; the Client operates the tool and reviews its output.
B.3 Nature of the Service; No Guarantee of Accuracy
Plain-English summary (provided for convenience only; the terms in this Section B.3 control):
The AI QA Agent is a helper tool, not a replacement for your own quality checks. It will not catch every error, and it may sometimes flag things that are fine. You remain responsible for reviewing your own inspections. We also use the inspection data and photographs you submit, in anonymized form, to train and improve the tool.
The Service is an assistive tool, not a substitute for human quality assurance, professional judgment, or the Client’s own review processes.
You acknowledge and agree that:
• (a) The Service uses machine-learning models that are probabilistic and will not identify every discrepancy, error, or omission, and may generate Flags that are inaccurate, incomplete, or not relevant (“false positives” and “false negatives”).
• (b) Boost USA makes no warranty or representation that the Service will detect all errors, achieve any particular accuracy rate, or produce any specific outcome.
• (c) The Client remains solely responsible for the accuracy, completeness, and regulatory compliance of its inspections, reports, and deliverables, and for any decisions made in reliance on the Service.
• (d) The Client is responsible for independently reviewing all Flags and all content the Service does not Flag.
• (e) Any accuracy target, quality standard, or similar objective described in Boost USA’s marketing or informational materials is a statement of operational goal and process, and is not a warranty, guarantee, or representation of any particular result.
B.4 Not a Compliance or Professional Certification
The Service does not certify compliance with any law, regulation, industry standard, or contractual requirement, and does not constitute professional, legal, insurance, or regulatory advice. Flags (and the absence of Flags) are informational only. The Client must not represent to any third party that use of the Service establishes regulatory compliance or certifies the accuracy of any inspection, and the Client remains solely responsible for all professional and regulatory determinations.
B.5 Human Review Requirement
B.5.1 The Service is designed to be used together with human review. The Client will ensure that a qualified reviewer evaluates each Flag, and the content the Service does not Flag, before any inspection report or deliverable is finalized or submitted to a third party, including any insurer or underwriter.
B.5.2 The Client will not represent to any third party that inspection content has been verified, certified, or approved by the Service alone, or that output of the Service has been reviewed by Boost USA personnel unless Boost USA is separately engaged to provide that review under a written order.
B.5.3 Where Boost USA is separately engaged to provide human quality-control review of Flags, that engagement is a distinct service governed by Part A and the applicable order, and does not alter the disclaimers in Sections B.3, B.4, B.16, or B.17.
B.6 Use of Client Data to Train the Models
The Client acknowledges and agrees that Boost USA uses the inspection content and photographs the Client submits to train, refine, and improve the Service and its underlying models. Before such use, Boost USA anonymizes the data by removing or obscuring information that directly identifies the Client, the property, or individuals, so that the data used for training is not reasonably attributable to the Client. This right is described further in the license granted in Section B.13 and survives termination, because a trained model cannot be made to “un-learn.”
B.7 Third-Party AI Providers and Subprocessors
B.7.1 The Service is delivered using third-party artificial-intelligence, hosting, and cloud-infrastructure providers that process Client Data on our behalf as subprocessors in order to provide the Service.
B.7.2 Boost USA remains responsible for each subprocessor’s performance of the obligations set out in these AI Terms and in Part A, and will impose on each subprocessor confidentiality and data-protection obligations no less protective than those contained in these AI Terms and Part A.
B.7.3 Boost USA maintains a current list of subprocessors used to deliver the Service and will provide that list to the Client on written request.
B.7.4 Boost USA contracts with its third-party AI providers on terms that do not permit those providers to use Client Data to train their own general-purpose or publicly available models.
B.8 Data Security
B.8.1 Boost USA maintains an information-security program that includes administrative, technical, and physical safeguards designed to protect Client Data against unauthorized access, use, disclosure, alteration, or destruction, consistent with the certifications and controls described on our Compliance and Security page.
B.8.2 Boost USA will notify the Client without undue delay after becoming aware of a confirmed security incident affecting that Client’s Client Data, and will provide information reasonably available to it to support the Client’s own notification obligations.
B.8.3 The Client is responsible for maintaining the confidentiality of its account credentials and for all activity occurring under its account.
B.9 Data Retention and Deletion
B.9.1 Boost USA retains Client Data for as long as the Client maintains an active account or an unused prepaid tranche, and thereafter in accordance with its internal retention schedule.
B.9.2 Following termination, and on the Client’s written request, Boost USA will delete or return Client Data within thirty (30) days, except for: (a) anonymized data already incorporated into trained models as described in Section B.6, which cannot be reversed; and (b) copies retained in routine system backups or as required by applicable law, which remain subject to the confidentiality obligations in Part A and Section B.13. Backup copies are overwritten on Boost USA’s standard backup cycle.
B.10 Delivery Model, Pricing, and Billing
B.10.1 Consumption-based pricing. The Service is sold in prepaid tranches measured by the number of photos or items processed (for example, blocks of 5,000 or 10,000), at the rates set forth in the applicable order or as posted to the Client’s account. The payment term stated in Part A (“Scope and Price”) does not apply to the Service; the prepaid tranche model in this Section B.10 applies instead.
B.10.2 Payment method on file. The Client authorizes Boost USA to keep a valid payment card (or other approved payment method) on file and to charge the applicable fee for each tranche.
B.10.3 Automatic replenishment. When a tranche is depleted, the Client authorizes Boost USA to charge the payment method on file for the next tranche so that the Service continues without interruption, unless the Client has disabled the Service or notified Boost USA in writing to suspend replenishment.
B.10.4 Usage measurement. Consumption is measured by Boost USA’s systems and displayed on the Client dashboard. Absent manifest error, Boost USA’s usage records are conclusive.
B.10.5 Non-refundable. Prepaid tranches and processed usage are non-refundable except where required by law.
B.10.6 Taxes. Fees are exclusive of taxes, which are the Client’s responsibility.
B.10.7 Failed payment. If a charge fails, Boost USA may suspend the Service until payment is resolved.
B.11 Client Dashboard
Boost USA provides a dashboard displaying relevant usage and quality metrics (such as photos processed, items caught, and questions caught). Dashboard data is provided for informational and billing-reference purposes and is subject to Section B.10.4. Dashboard metrics are operational measures generated by Boost USA’s systems and are not audited or independently validated.
B.12 Client Responsibilities
The Client will: (a) use the Service only for lawful inspection quality-assurance purposes; (b) maintain its own independent quality-assurance and compliance processes; (c) ensure it has all rights necessary to submit inspection content (including photographs) to the Service and to permit its use as described in Sections B.6 and B.7; and (d) not use the Service to build a competing product, reverse-engineer the models, or resell the Service without Boost USA’s written consent.
B.13 Data, Confidentiality, and License
B.13.1 Client ownership. The Client retains ownership of the inspection content it submits (“Client Data”).
B.13.2 License to Boost USA. The Client grants Boost USA a worldwide, royalty-free, perpetual, and irrevocable license to host, process, and use Client Data to provide, maintain, and improve the Service, including to train and refine the underlying models in anonymized form as described in Section B.6. The rights granted for anonymized data used in trained models survive termination of these AI Terms.
B.13.3 Confidentiality. The confidentiality obligations set out in Part A (“Confidential and Proprietary Information”) apply in full to the Service. For the avoidance of doubt and by express agreement of the parties, data that has been anonymized in accordance with Section B.6 and used for model training is not subject to those restrictions, to the extent such data is no longer reasonably attributable to the Client, the property, or any individual.
B.14 Intellectual Property
The Service, the underlying models, software, dashboards, documentation, and all improvements are and remain the exclusive property of Boost USA. No rights are granted except the limited right to use the Service during the term.
B.15 Publicity and Use of Performance Data
B.15.1 Neither party will use the other party’s name, logo, or trademarks in any public marketing material without the other party’s prior written consent.
B.15.2 Boost USA will not publish, in any case study, marketing material, or public statement, any Client-specific volume, accuracy, detection, rejection, or other performance metric derived from that Client’s use of the Service without the Client’s prior written consent, whether or not the Client is identified by name.
B.15.3 Boost USA may publish aggregated, de-identified statistics derived from use of the Service across multiple clients, provided such statistics cannot reasonably be attributed to any individual client.
B.15.4 Any performance metric published by Boost USA in relation to the Service will be presented as a self-reported operational measure and not as an audited, certified, or independently validated result.
B.16 Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOST USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. BOOST USA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL IDENTIFY ANY OR ALL DISCREPANCIES.
B.17 Limitation of Liability
B.17.1 No indirect damages. Neither party will be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, or lost business, arising out of or relating to the Service, even if advised of the possibility.
B.17.2 Liability cap. Boost USA’s total aggregate liability arising out of or relating to these AI Terms or the Service will not exceed the fees paid by the Client to Boost USA for the Service during the three (3) months preceding the event giving rise to the claim. This cap applies to the Service only and does not limit or modify any liability arising under Part A in respect of other services.
B.17.3 Errors and omissions. Without limiting the above, Boost USA will have no liability for any discrepancy, error, or omission the Service fails to detect, or for any Flag that proves inaccurate. Responsibility for inspection accuracy rests with the Client.
B.18 Indemnification
B.18.1 In addition to the indemnities in Part A, the Client will indemnify, defend, and hold harmless Boost USA from third-party claims arising from (a) the Client’s inspections, reports, or deliverables; (b) the Client’s use of or reliance on the Service or any Flag (or absence of a Flag); or (c) the Client’s breach of these AI Terms.
B.18.2 The mutual indemnity provisions of Part A continue to apply to the Service, subject to the limitations in Section B.17.
B.19 Term, Suspension, and Termination
B.19.1 These AI Terms apply while the Client has an active account or unused prepaid tranche.
B.19.2 Either party may terminate the Service for convenience on thirty (30) days’ written notice; the Client may disable the Service at any time via the dashboard.
B.19.3 Boost USA may suspend or terminate the Service immediately for non-payment, misuse, or breach.
B.19.4 Sections B.3, B.4, B.6, B.9, B.13, B.14, B.15, B.16, B.17, B.18, and B.20 survive termination of these AI Terms.
B.20 Governing Law and Dispute Resolution
These AI Terms are governed by the laws of the State of Ohio, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these AI Terms or the Service will be resolved in accordance with the binding arbitration provisions set out in the “General” section of Part A, which apply to these AI Terms in full.
B.21 Changes to These Supplemental Terms
Boost USA may update these AI Terms by posting a revised version to this page. Continued use of the Service after the effective date of the change constitutes acceptance. Where a change materially reduces the Client’s rights, Boost USA will provide reasonable advance notice to the Client’s account contact.
B.22 Miscellaneous and Contact
B.22.1 These AI Terms, together with Part A and any applicable order, constitute the entire agreement between the parties regarding the Service and supersede prior discussions regarding the Service. The entire-agreement provision in Part A is modified to this extent only.
B.22.2 If any provision is unenforceable, the remainder stays in effect. The Client may not assign these AI Terms without Boost USA’s consent; Boost USA may assign freely.
B.22.3 Questions about these AI Terms may be directed to Boost USA LLC at Joe.Drozda@boost-usa.com or 614-363-1704.
BY ACCESSING THE AI QA AGENT SERVICE, CREATING AN ACCOUNT, OR SUBMITTING PAYMENT INFORMATION, CLIENT ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THESE AI QA AGENT SUPPLEMENTAL TERMS, INCLUDING THE DISCLAIMERS IN SECTIONS B.3 AND B.16 AND THE LIMITATION OF LIABILITY IN SECTION B.17, AND EXPRESSLY CONSENTS TO BE BOUND BY THEM TOGETHER WITH THE GENERAL TERMS IN PART A.
