Couch Cushions Terms of Service

DRAFT, NEEDS ATTORNEY REVIEW. Do not publish as final until a Florida-licensed attorney has reviewed it, especially sections 3 (claim-filing services), 8 (subscriptions and automatic renewal), 13 (liability), and 15 (disputes).

Effective date: [EFFECTIVE DATE]. Last updated: October 12, 2026. Placeholders in [brackets] need Tim's decision.

These Terms of Service ("Terms") are an agreement between you and Estimate Lab ("Couch Cushions," "we," "us"), 9914 Mountain Lake Dr, Orlando, FL 32832. They govern your use of the Couch Cushions website and app at couchcushions.app (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.

1. What Couch Cushions does

Couch Cushions helps you find money you may be owed. With your permission, it reads your connected email account (read-only) for evidence such as settlement notices, receipts, and order confirmations. It matches that evidence to open class action settlements, refunds, duplicate charges, and official unclaimed-property programs. It then shows why you may qualify, estimates what a claim might be worth, prefills information for official claim forms, builds proof packets you can download, sends deadline reminders, and helps you track payouts.

2. We are not a law firm

Couch Cushions is not a law firm, does not provide legal advice, and does not represent you. Nothing in the Service creates an attorney-client relationship. Settlement summaries, eligibility hints, confidence labels, payout estimates, and deadlines are general information drawn from public sources and your own email, not legal advice about your situation. If you need legal advice, talk to a licensed attorney. The official settlement website, notice, and court documents always control over anything shown in the Service.

3. We never file for you

Couch Cushions is a finder, organizer, and reminder tool. We do not submit claims on your behalf, act as your agent, or communicate with settlement administrators, courts, or defendants for you. Every claim is reviewed by you and submitted by you on the administrator's official website. We do not take any percentage or fee from settlement payouts, refunds, or unclaimed property you recover. [Attorney: confirm no state claim-filing, "asset recovery," or unclaimed-property "finder" licensing or fee rules apply to this model, and check any settlement-specific restrictions on third-party assistance.]

4. Eligibility and your attestations

To use the Service you must:

be at least 18 years old and able to form a binding contract;
use only email accounts and other sources that you own or are authorized to access; and
add a household member's information or mailbox only with that person's permission (and, for a minor, only as their parent or legal guardian).

Before you mark any claim as filed, the Service asks you to attest, and you agree, that:

you have personally reviewed the official settlement notice and eligibility requirements;
to the best of your knowledge, you (or the household member you are filing for, with their authorization) meet those requirements;
every statement and document you submit is true, accurate, and complete; and
you understand that claim forms are often signed under penalty of perjury and that false claims can carry civil and criminal penalties.

A match in the Service, even one labeled "strong," does not mean you are eligible. You are solely responsible for deciding whether to file, for what you submit, and for complying with each settlement's rules (including limits such as one claim per person or household).

5. No guarantee of payouts

We do not guarantee that you qualify for, will be approved for, or will receive any payment, or any particular amount. Settlements can be appealed, delayed, reduced pro rata, or cancelled. Administrators decide claims, not us. Payout estimates, "worth-it" scores, and time estimates are rough projections based on published figures and statistical assumptions, and actual results are often lower. Deadlines and settlement details can change. Always confirm on the official website before relying on them. Detection of matches, payouts, refunds, and duplicate charges is automated and can miss items or flag items incorrectly.

6. Your account

You sign in with Google. Keep your Google account secure; you are responsible for activity under your account. Tell us promptly at support@couchcushions.app if you suspect unauthorized use. You can delete your account at any time in Settings. Deletion is immediate and permanent, as described in our Privacy Policy.

7. Your data and our access to your email

You grant us a limited permission to access, process, and store data from the sources you connect only as described in our Privacy Policy and only to provide the Service to you. You keep all rights to your data. Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. You can revoke access at any time in your Google Account or by deleting your Couch Cushions account.

8. Plans, Pro subscription, and billing

Free plan. Scanning, matches, links to official claim forms, and unclaimed-property links are free.

Pro plan: $49 per year (USD), plus applicable taxes. Pro adds features such as the Claim Queue, proof packets, payout radar, household members, and breach-watch alerts. Features may change over time; we will not materially reduce Pro features during a paid term without offering a prorated refund.

Automatic renewal. Pro is billed annually in advance and renews automatically each year at the then-current price until you cancel. We will email you a reminder [at least 15 and no more than 45 days] before each renewal with the price, the renewal date, and how to cancel. If the price is going to change, we will tell you in advance and you can cancel before it applies.
Cancel anytime online in Settings [Billing page, once built] or by emailing support@couchcushions.app. Cancellation stops future renewals. Pro stays active until the end of the period you've paid for.
Refunds. If you cancel within 14 days of your first Pro purchase, we'll refund it in full. Otherwise, payments are non-refundable except where required by law.
Payment processing is handled by [Stripe]; you authorize us and our processor to charge your payment method for each renewal. If a payment fails, we may suspend Pro features until it is resolved.
No payout fees. Pro is a flat subscription. We never charge a percentage of what you recover.

[Attorney: confirm compliance with automatic-renewal laws, including Fla. Stat. § 501.165 and California's Automatic Renewal Law (Bus. & Prof. Code § 17600 et seq.), for the checkout disclosure, affirmative consent, acknowledgment email, renewal notice, and online cancellation.]

9. Acceptable use

You agree not to:

use the Service to file claims you are not eligible for, or to help anyone else do so;
connect accounts you don't own or aren't authorized to access;
scrape, copy, resell, or redistribute the Service or its settlement data;
reverse engineer, probe, or bypass the Service's security, or interfere with its operation;
use automated means to create accounts or access the Service; or
use the Service in violation of any law or any settlement's rules.

We may suspend or terminate accounts that violate these Terms or put users, Couch Cushions, or third parties at risk.

10. Third-party sites and services

The Service links to official settlement sites, state unclaimed-property programs, MissingMoney.com, and other third-party sites, and relies on providers such as Google. We don't control them and aren't responsible for their content, availability, or practices. Your use of them is governed by their own terms.

11. Our intellectual property

The Service, including its software, design, text, and settlement database compilation, belongs to Couch Cushions and its licensors. We grant you a personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial purposes under these Terms. Proof packets and exports generated from your data are yours to use for your claims.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL FIND EVERY SETTLEMENT OR ITEM YOU MAY BE OWED, THAT DEADLINES OR AMOUNTS SHOWN ARE CURRENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COUCH CUSHIONS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST SETTLEMENT PAYMENTS, MISSED DEADLINES, DENIED CLAIMS, OR LOST PROFITS, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) $50. Some jurisdictions don't allow certain limitations, so some of these may not apply to you.

14. Indemnity

You agree to indemnify and hold Couch Cushions harmless from claims, losses, and expenses (including reasonable attorneys' fees) arising from claims you submit, information you provide, your violation of these Terms, or your violation of any law or third-party right.

15. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and applicable federal law. Any dispute will be resolved exclusively in the state or federal courts located in Orange County, Florida, and you and we consent to their personal jurisdiction, except that either of us may bring an individual claim in small claims court where it qualifies. Before filing, please email support@couchcushions.app so we can try to resolve the issue informally within 30 days.

[Decision for Tim and attorney: this draft deliberately does not include mandatory arbitration or a class-action waiver. For a product built on helping people participate in class actions, a waiver is likely to draw criticism; discuss the trade-off with counsel.]

16. Changes to the Service and these Terms

We may update the Service and these Terms. If a change is material, we will notify you by email or in the app at least [14] days before it takes effect. Continuing to use the Service after that means you accept the change. If you don't agree, you may cancel and delete your account; if you're a Pro subscriber and the change materially harms you, you may request a prorated refund for the unused portion of your term.

17. Termination

You may stop using the Service and delete your account at any time. We may suspend or end your access if you violate these Terms, if required by law, or if we discontinue the Service. If we discontinue the Service, we will give reasonable notice and refund the unused portion of any prepaid Pro subscription. Sections 2, 3, 5, and 11 through 15 survive termination.

18. General

These Terms and the Privacy Policy are the entire agreement between you and us about the Service. If any provision is unenforceable, the rest stays in effect. Our failure to enforce a provision isn't a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, subject to the Privacy Policy. Notices to you may be sent to your account email.

19. Contact

Couch Cushions, operated by Estimate Lab, 9914 Mountain Lake Dr, Orlando, FL 32832. Email: support@couchcushions.app