These Terms of Use ("Terms") are a binding agreement between you and CLAIMX LLC, doing business as ClaimX ("ClaimX," "we," "us," or "our"), governing your access to and use of the ClaimX web workspace, the ClaimX Field mobile application, and related services (collectively, the "Services"). Our Privacy Policy describes how we handle personal information and is incorporated into these Terms by reference.
ClaimX is licensed to organizations under a separate written agreement. If these Terms conflict with the agreement between ClaimX and the organization that authorized you, that agreement controls. By accessing or using the Services you accept these Terms.
You must be at least 18 years old and authorized by a Customer to use the Services. Credentials are issued by the Customer, are personal to you, and may not be shared. You are responsible for activity under your account and must notify the Customer promptly of any suspected compromise. The Customer may suspend or revoke your access at any time, and your access ends when your authorization ends.
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services, including installing ClaimX Field on a device you own or control, solely to perform work for the Customer that authorized you and only while that authorization remains in effect.
All claim information entered or captured through the Services ("Customer Data") belongs to the Customer. You grant us the rights necessary to host, process, transmit, and display Customer Data in order to provide the Services, and we use it for no other purpose. On termination, Customer Data is exported or deleted as the Customer's agreement provides, subject to the immutable audit retention described in the Privacy Policy.
You will not:
You further represent that you hold every license and certification your work requires, that you have the right to enter and document the properties you record, and that you have obtained any consent or notice required before recording audio — including where other people are present or where the jurisdiction requires the consent of all parties.
The Services organize evidence and apply rules that Customers author. They do not make decisions. Suggested scope, calculated depreciation, estimate totals, and completeness prompts are a starting point for a qualified professional to review, correct, and adopt as their own.
ClaimX does not provide insurance, claims-adjusting, legal, appraisal, or engineering services, and does not determine coverage. The Services are not a substitute for a licensed adjuster, contractor, engineer, or attorney. You remain professionally responsible for every scope, estimate, and document you produce, and you must verify output before relying on or submitting it.
Room geometry captured with a mobile device — whether from a depth sensor, augmented-reality tracking, or photographs — is an approximation produced under field conditions. Accuracy varies with lighting, surface material, clutter, reflective and transparent surfaces, movement, and device hardware.
Captured measurements are not survey-grade and must not be treated as a certified survey or an as-built architectural record. Verify any dimension that materially affects scope or payment by independent means.
The Services can read and write certain third-party estimating file formats to support interoperability. ClaimX is not affiliated with, endorsed by, or sponsored by Verisk Analytics, Xactware, or any other estimating-software provider, and all product names are the trademarks of their respective owners. Interoperability depends on software we do not control. We do not warrant that a file we produce will be accepted by, or render identically in, any third-party application, and format support may change without notice.
We aim to keep the Services available but do not guarantee uninterrupted operation; any availability commitment is set out in the Customer's agreement. We may modify, add, or remove features, and where a change materially reduces core functionality we will give the Customer reasonable notice. Support is provided to the Customer under its agreement.
Offline capture depends on your device. Keep sufficient storage available and synchronize regularly. We are not responsible for evidence lost through device failure, loss, theft, or deletion before it has been synchronized.
The Services, including all software, interfaces, design elements, documentation, and rule content we supply, are owned by us and our licensors and are protected by intellectual property law. Nothing in these Terms transfers ownership. If you send us feedback or suggestions, we may use them without obligation or compensation, and will not identify you as the source without your permission.
Claim information you access through the Services is confidential. You will not disclose it except as your role requires and the Customer permits, and you will continue to protect it after your access ends.
The Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that measurements, calculations, or generated documents will be accurate or complete. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost data, or any shortfall in a claim payment, whether or not we were advised of the possibility. Our total liability for all claims relating to the Services will not exceed one hundred dollars ($100). These limitations apply to the fullest extent permitted and do not limit liability that cannot lawfully be limited.
You will defend, indemnify, and hold harmless ClaimX and its officers, employees, and agents from any claim, damage, loss, liability, or expense arising from your use of the Services in breach of these Terms, your violation of law or the rights of a third party, or your professional acts and omissions.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section 14.
Before commencing arbitration, the party raising a dispute must send the other party a written notice describing the dispute, the relief sought, and the facts necessary to evaluate it. Notice to ClaimX must be sent to legal@getclaimx.com and to the address in Section 18. The parties will then attempt in good faith to resolve the dispute for sixty (60) days. Completion of this period is a condition precedent to arbitration, and any applicable limitations period is tolled while it runs.
Any dispute not resolved under Section 14.2 will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Supplementary Rules for Multiple Case Filings, each as in effect when the demand is filed, before a single arbitrator. The arbitrator has exclusive authority to resolve any dispute concerning the interpretation, applicability, or enforceability of these Terms, except as provided in Section 14.6. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.
The seat of arbitration is New Castle County, Delaware. Hearings will be conducted by videoconference unless the arbitrator determines that an in-person hearing is necessary, in which case the hearing will take place in New Castle County, Delaware, or another location the parties agree to in writing.
If twenty-five (25) or more demands for arbitration of a substantially similar nature are filed against ClaimX by or with the coordination or assistance of the same counsel or coordinated group, the parties agree that AAA's Supplementary Rules for Multiple Case Filings apply and that the demands will be administered in sequential batches of no more than fifty (50). The parties will select an equal number of demands per batch and will participate in a global mediation after the first batch is resolved. No demand outside the current batch may proceed, and all applicable limitations periods are tolled for pending demands until their batch begins.
All disputes will be arbitrated on an individual basis only. Neither party may bring a claim as a plaintiff or class member in any class, collective, consolidated, coordinated, or representative proceeding, and the arbitrator may not consolidate claims or preside over any representative proceeding. A court, not an arbitrator, decides whether this Section 14.6 is enforceable. If this Section 14.6 is found unenforceable as to any claim or request for relief, that claim or request will proceed in the courts identified in Section 14.7 and all remaining claims will be arbitrated.
Either party may bring an individual action in small claims court if the claim qualifies. Either party may seek temporary or permanent injunctive relief in the state or federal courts located in New Castle County, Delaware to protect its intellectual property or confidential information, and each party consents to the personal jurisdiction and venue of those courts for that purpose.
Each party knowingly and voluntarily waives any right to a trial by jury in any proceeding arising out of or relating to these Terms or the Services.
Filing, administrative, and arbitrator fees are governed by the applicable AAA fee schedule. Each party bears its own attorneys' fees and costs unless the arbitrator awards otherwise under an applicable statute or agreement.
These Terms apply while you use the Services and end when your authorization ends, when the Customer's agreement ends, or if you breach them. On termination you must stop using the Services and delete the mobile application. Sections 3, 5, 6, 9, 10, and 11 through 14 survive termination.
Where you obtained ClaimX Field through the Apple App Store, the following apply and prevail over anything inconsistent above:
These Terms, together with the Privacy Policy and the Customer's agreement, are the entire agreement on this subject. If a provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or in connection with a merger or sale of assets. We may revise these Terms and will post the revision with an updated Effective Date; continued use after the revision takes effect constitutes acceptance.