Terms of Service

Last Updated: October 17, 2025

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICE. By using DamDelay, you agree to be bound by these Terms of Service.

1. Acceptance of Terms

By accessing or using DamDelay's services, you agree to comply with and be bound by these Terms of Service, our Privacy Policy, and our Refund Policy. If you do not agree to these terms, do not use our service.

2. Service Description

DamDelay provides a claim filing service for flight delay and cancellation compensation. Our service includes:

• Collecting your flight delay or cancellation information
• Formatting and submitting your claim to the airline
• Filing a complaint with the U.S. Department of Transportation (DOT)
• Sending you confirmation of submission

We do NOT:

• Provide legal advice or representation
• Guarantee compensation from airlines
• Follow up with airlines on your behalf
• Negotiate compensation amounts

3. Fee Structure

Our service fee is a one-time payment of $9.99 USD. This fee:

• Covers the filing of your claim with the airline and DOT
• Is charged at the time of submission
• Does NOT guarantee compensation from the airline
• Is non-refundable once your claim has been filed (see Refund Policy)

4. User Responsibilities

By using our service, you agree to:

• Provide accurate, truthful, and complete information
• Have a legitimate claim for flight delay or cancellation
• Not submit fraudulent or false claims
• Respond to airline requests for additional information
• Comply with all applicable laws and regulations

Providing false information may result in claim denial, termination of service, and potential legal action.

5. Authorization

By using our service, you authorize DamDelay to:

• Act as your authorized representative in filing your claim
• Submit your information to the airline and DOT
• Send emails on your behalf regarding your claim

6. No Guarantee of Compensation

IMPORTANT: We cannot and do not guarantee that you will receive compensation from the airline. Compensation decisions are made solely by:

• The airline based on their policies and procedures
• DOT regulations and interpretations
• The specific circumstances of your flight

Factors affecting compensation include: reason for delay, length of delay, airline policy, ticket type, and whether the delay was within the airline's control.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• DamDelay shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid for our service ($9.99)
• We are not responsible for airline decisions, delays in responses, or claim denials
• We are not liable for any losses, damages, or expenses resulting from your use of our service
• We do not guarantee email delivery, airline response times, or claim outcomes

8. Disclaimer of Warranties

OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the service will be uninterrupted or error-free
• Warranties regarding the accuracy or reliability of results

9. Indemnification

You agree to indemnify, defend, and hold harmless DamDelay, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

• Your use of our service
• Your violation of these Terms
• Your violation of any rights of another party
• Any false or misleading information you provide

10. Arbitration and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

10.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our service shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

10.2 Arbitration Rules

The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Denver, Colorado, or another mutually agreed upon location.

10.3 Class Action Waiver

YOU AND DAMDELAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

Any legal action or proceeding (other than arbitration) shall be brought exclusively in the state or federal courts located in Denver, Colorado, and you consent to the personal jurisdiction of such courts.

12. Intellectual Property

All content, trademarks, logos, and intellectual property on DamDelay are owned by or licensed to us. You may not use, copy, reproduce, or distribute any content without our express written permission.

13. Termination

We reserve the right to terminate or suspend your access to our service at any time, without notice, for:

• Violation of these Terms
• Fraudulent activity
• Providing false information
• Any other reason at our sole discretion

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the service after changes constitutes acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and DamDelay regarding our service.

17. Contact Information

For questions about these Terms of Service, contact us at:

• Email: [email protected]
• Subject Line: "Terms of Service Question"

By using DamDelay, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.