Terms of Service

claimOS Terms of Service

Last updated: [DATE]

1. Agreement to These Terms

Welcome to claimOS. These Terms of Service ("Terms") are a binding agreement between you and claimOS LLC (“claimOS”, “we”, “us,” or “our”). They govern your access to and use of our software, website, and related Services.

If you are using the Services on behalf of a company, firm, or other organization, you represent that you have the authority to bind that organization, and "you" refers to that organization.

Read these Terms carefully. By creating an account, clicking "I agree," or using the Services, you agree to these Terms, the Privacy Policy, the DPA, and the AUP. If you do not agree to these Terms, you may not access or use the Services.

2. Who Can Use claimOS

claimOS is built for licensed public adjusters, contractors, attorneys, and other professionals working on property insurance claims in the United States. To use the Services, you must:

We reserve the right to verify professional licenses or other credentials and to request reasonable documentation necessary to confirm eligibility to use the Services or particular features. We reserve the right to suspend accounts that appear to be used by unlicensed or unauthorized parties. You are solely responsible for ensuring that your use of the Services complies with applicable laws, licensing requirements, professional rules, and ethical obligations applicable to your profession.

3. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account that result from your use of the Services or your failure to safeguard your credentials. That includes:

You agree to notify claimOS promptly upon becoming aware of any unauthorized access to or use of your account or any other suspected security incident involving your account. If you think someone has accessed your account without permission, email security@claimos.net immediately.

We may suspend or restrict access to your account if we reasonably believe your account has been compromised, is being used in violation of these Terms, poses a security risk to the Services or other users, or as otherwise necessary to protect the Services, our customers, or third parties.

4. Subscriptions, Billing, and Renewals

Plans and Pricing

claimOS is offered as a monthly or annual subscription. Current pricing is listed on our website. We may change pricing from time to time; changes will not affect the then current subscription term and will take effect at your next renewal, after at least 30 days’ prior notice.

Payment

You agree to pay all fees for your subscription plan. Customer authorizes claimOS and its payment processor to store and charge Customer’s designated payment method for all recurring fees and any applicable taxes. Customer is responsible for all applicable taxes. You authorize us (and our processor) to charge your payment method on file for all fees when due, including recurring subscription fees.

Auto-Renewal

Your subscription automatically renews at the end of each billing period (monthly or annually) at the then current rate. You can cancel auto-renewal anytime through your account settings. Cancellation takes effect at the end of your current billing period — you keep access until then.

Renewal reminders and price-change notice. For annual plans, we will send a renewal reminder by email at least 30 days before each renewal. We will notify you by email of any price change at least 30 days before it takes effect at your next renewal.

Refunds

Subscription fees are non-refundable and non-creditable except where required by law. If you believe you have been charged in error, contact us promptly.

Late Payments

If a payment fails or is overdue, we may suspend, terminate, remove, or limit your access until the balance is paid. We may also charge interest at the lesser of 1.5% per month or the maximum rate allowed by law.

Failed Payments.

If a payment cannot be processed, claimOS may retry the payment method on file, notify Customer of the failure, and suspend access to the Services until payment is successfully received

Enterprise Contracts.

If Customer has entered into a separately executed Order Form, Master Services Agreement, or other written agreement with claimOS establishing different pricing or payment terms, that agreement controls to the extent of any conflict with this Section.

Free Trials and Promotional Offers.

claimOS may offer free trials, discounts, promotional pricing, or beta access from time to time. Unless otherwise stated, such offers are temporary, may be modified or withdrawn at any time, and automatically convert to the applicable paid subscription at the end of the promotional period unless cancelled beforehand

5. How You Can Use the Services

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your internal business purposes during your active subscription, subject to these Terms and the AUP.

The AUP is part of these Terms and describes the specific rules for what you can and cannot do. Read it.

Except for the limited license expressly granted in these Terms, claimOS retains all right, title, and interest in and to the Services, including all software, artificial intelligence models, algorithms, documentation, trademarks, copyrights, trade secrets, and other intellectual property. No rights are granted by implication, estoppel, or otherwise.

You may not permit any third party to access or use the Services through your account except as expressly authorized by claimOS.

6. Beta and Early Access Features

From time to time we will offer features labeled "beta," "preview," "early access," "experimental," or something similar. These features:

You use beta features at your own risk. Beta Features are provided for evaluation and testing purposes and should not be relied upon for production or mission-critical workflows.

By providing feedback regarding Beta Features, Customer grants claimOS the same rights in such feedback as provided in Section 10 regarding Feedback generally.

7. Your Data

When you use claimOS, you upload and generate Customer Data. Here is the deal:

You Own Your Data

You own your Customer Data. As between Customer and claimOS, Customer retains all right, title, and interest in and to Customer Data. Nothing in these Terms transfers ownership of Customer Data to claimOS.

You Give Us the Rights We Need to Run the Service

Customer grants claimOS a worldwide, non-exclusive, royalty-free, sublicensable (solely to authorized Subprocessors), license to host, copy, store, transmit, display, modify, process, and otherwise use Customer Data solely as necessary to provide, maintain, secure, support, and improve the Services in accordance with these Terms.

AI, Benchmarks, and How We Improve the Product

claimOS is an AI-powered platform. Customer Data is processed by AI so the Services can help you work faster, spot patterns, and win more claims.

Here is specifically what we do with Customer Data:

What de-identification means. Before Customer Data is used to train models or build benchmarks, we de-identify it so that it cannot reasonably be used to infer information about, or otherwise be linked to, a particular individual or specific claim. We (a) take reasonable measures to ensure the data cannot be associated with an individual or claim; (b) publicly and contractually commit not to attempt to re-identify it; and (c) require any subprocessor or model provider that receives it to be bound by the same restrictions. For images, de-identification includes removing embedded metadata (such as EXIF/geolocation) and redacting or excluding faces, license plates, visible identifying documents, and street numbers; images that cannot be reliably de-identified are excluded from training.

Your training choice. You can turn off the use of your Customer Data for model training and benchmarking at any time in Settings → Data. Turning training off does not affect our use of your data to operate the Services for you, and does not affect Aggregated Data or De-Identified Data already created before you changed the setting.

Ownership of Aggregated and De-Identified Data. Customer retains all right, title, and interest in Customer Data. Once Aggregated Data or De-Identified Data has been created from Customer Data in accordance with these Terms, claimOS shall own all right, title, and interest in such Aggregated Data and De-Identified Data. To the extent any ownership interest in such Aggregated Data or De-Identified Data does not vest in claimOS under applicable law, Customer hereby grants claimOS a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, create derivative works from, disclose, distribute, display, perform, and otherwise exploit such Aggregated Data and De-Identified Data for any lawful business purpose, including: (a) training and improving artificial intelligence and machine learning models; (b) generating industry benchmarks and analytics; (c) improving the Services; and (d) developing new products and features. Aggregated Data and De-Identified Data are not Customer Confidential Information. ClaimOS's ownership rights and, to the extent applicable, the foregoing license survive termination of these Terms

Third-Party Data You Upload

Much of the Customer Data uploaded to the Services may relate to third parties, including policyholders, claimants, witnesses, opposing parties, insurance carriers, and other individuals. Customer represents and warrants that it has obtained all rights, permissions, consents, and other legal authority necessary to upload, submit, and permit claimOS to process such Customer Data in accordance with these Terms. Customer is solely responsible for the legality, accuracy, and content of all Customer Data it uploads or submits to the Services. Customer agrees to defend, indemnify, and hold harmless claimOS from and against any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to Customer's failure to obtain the necessary rights, permissions, consents, or legal authority to provide such Customer Data or otherwise arising from Customer's upload or use of such Customer Data.

Customer is solely responsible for the accuracy, legality, quality, integrity, and content of Customer Data and for obtaining all necessary rights, consents, and authorizations required for claimOS to process Customer Data as contemplated by these Terms.

Security

We use industry-standard administrative, technical, and physical safeguards to protect Customer Data, including encryption in transit and at rest, access controls, and monitoring. No system is perfectly secure, and we cannot guarantee absolute security. You are responsible for using strong passwords, enabling multi-factor authentication when available, and keeping your credentials safe.

Data Portability — Your Right to Take Your Data With You

You can export your Customer Data at any time through your account settings in a commonly used, machine-readable format (JSON or CSV).

Retention and Deletion

Specifically:

8. AI Outputs Are Not Professional Advice

The Services, including any AI Outputs, are provided as tools to assist Customer in its professional activities. claimOS is not a law firm, public adjusting firm, engineering firm, or other licensed professional services provider and does not provide legal, public adjusting, engineering, or other professional advice. AI-generated outputs can be wrong. They can be outdated. They can hallucinate facts, misstate law, or misread documents. AI outputs may be incomplete, inaccurate, outdated, or otherwise unsuitable for a particular purpose. You are the licensed professional. Before relying upon, distributing, filing, or acting upon any AI Output, Customer is responsible for independently reviewing and verifying its accuracy, completeness, and suitability for the intended purpose. Customer is solely responsible for all decisions, actions, advice, filings, communications, and professional services provided using or based upon AI Outputs.

No outcome guarantee. We make no representation or guarantee about claim outcomes, settlement amounts, approval rates, or results of any kind. Results depend on facts, evidence, your professional judgment, and factors outside our control. Any statistics or benchmarks we provide are general and not a prediction about your specific claim.

9. Professional Responsibility

Certain features of the Services, including AI Outputs, are designed to assist licensed professionals in performing their work. Customer acknowledges and agrees that Customer is solely responsible for ensuring that its use of the Services complies with all applicable laws, regulations, licensing requirements, ethical rules, professional standards, court rules, and contractual obligations applicable to Customer's profession and jurisdiction. Without limiting the foregoing, Customer is solely responsible for:

The Services are intended to assist qualified professionals and are not a substitute for professional judgment. claimOS does not provide legal advice, public adjusting services, engineering services, consulting services, or any other licensed professional services. Nothing contained in the Services or these Terms creates an attorney-client relationship, public adjuster-client relationship, fiduciary relationship, or any other professional relationship between claimOS and Customer or any third party .

Customer is solely responsible for all professional decisions, advice, opinions, communications, filings, reports, estimates, claim submissions, and other work product prepared, generated, or transmitted using or based upon the Services or any AI Output. Customer should consult its own legal or professional advisors regarding any questions concerning compliance with applicable professional or ethical obligations.

10. Our Intellectual Property

Except for the limited license expressly granted to Customer under these Terms, claimOS and its licensors retain all right, title, and interest in and to the Services, including all software, source code, object code, artificial intelligence models, algorithms, prompts, workflows, documentation, user interfaces, graphics, designs, trademarks, service marks, trade names, copyrights, patents, trade secrets, know-how, databases and all other intellectual property and proprietary rights embodied in or relating to the Services.

Customer acquires no ownership or other proprietary interest in the Services or any portion thereof by using the services. All rights not expressly granted to Customer are reserved by claimOS.

If Customer provides claimOS with suggestions, ideas, feature requests, enhancement requests, comments, or other feedback regarding the Services ("Feedback"), Customer grants claimOS a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up, license to use, reproduce, modify, distribute, display, perform, create derivative works from, and otherwise exploit such Feedback for any lawful purpose without restriction or obligation to Customer. Feedback does not include Customer Data.

Nothing in these Terms grants claimOS any ownership interest in Customer Data except as expressly provided in Section 7.

10A. Copyright Complaints and DMCA Notices

We respect intellectual property rights and expect you to do the same. If you believe material stored in the Services at the direction of a user infringes your copyright, send a written notice to our designated agent at legal@claimos.net, or by mail to claimOS LLC, Attn: Copyright Agent, 7328 Covered Bridge Dr, Austin, TX 78736.

Your notice must include: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to let us locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the copyright owner’s behalf.

We will respond to properly submitted notices in accordance with the Digital Millennium Copyright Act, including by removing or disabling access to the material at issue and notifying the user who supplied it. That user may submit a counter-notification containing the elements required by 17 U.S.C. § 512(g).

Repeat infringers. We have adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

Misrepresentations. Knowingly making a material misrepresentation in a notice or counter-notification may expose you to liability for damages under 17 U.S.C. § 512(f).

11. Publicity and Logos

With prior written consent, we can identify you as a customer of claimOS on our website, in our marketing materials, and in sales conversations, including using your name and logo. You can revoke this permission at any time by emailing legal@claimos.net, and we will remove you from new materials within 30 days. You cannot use our name or logo without our prior written permission, except to truthfully say you are a claimOS customer.

12. Third-Party Services

claimOS may integrate with or link to third-party services (for example, carrier systems, document storage, e-signature tools, or AI providers). We are not responsible for those third-party services. Customer’s use of any third party service is governed solely by the applicable third party’s terms and privacy policies.

Model and subprocessor changes. We may add, change, or replace the AI model providers and other subprocessors that power the Services at any time, subject to the subprocessor-change process in the DPA. If a provider discontinues a model or service, we may substitute a comparable one.

13. Confidentiality

Each party may receive Confidential Information from the other. The receiving party will (a) use it only to perform under these Terms, (b) protect it with reasonable care, and (c) not disclose it to third parties except to employees, contractors, and advisors who need to know and are bound by confidentiality obligations. Confidential Information does not include information that (i) is or becomes publicly available through no fault of the receiving party, (ii) was lawfully known to the receiving party without restriction before disclosure, (iii) is independently developed without use of the Confidential Information, or (iv) is lawfully received from a third party without a duty of confidentiality. A receiving party may disclose Confidential Information to the extent required by applicable law, court order, or governmental authority, provided it gives prompt notice to the disclosing party (unless prohibited by law) and reasonably cooperates in seeking confidential treatment. Nothing in this Section limits claimOS's rights to use Aggregated Data or De-Identified Data as permitted under Section 7.

14. Warranty Disclaimer

THE SERVICES AS PROVIDED ARE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR TRADE USAGE.

CLAIMOS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR AI OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

CUSTOMER ACKNOWLEDGES THAT AI OUTPUTS MAY BE INCOMPLETE, INACCURATE, OR OTHERWISE UNSUITABLE FOR A PARTICULAR PURPOSE AND THAT CUSTOMER IS SOLELY RESPONSIBLE FOR INDEPENDENTLY REVIEWING AND VERIFYING ALL AI OUTPUTS BEFORE RELYING UPON THEM.

UNLESS EXPRESSLY SET FORTH IN A SEPARATELY EXECUTED WRITTEN AGREEMENT SIGNED BY CLAIMOS, CLAIMOS DOES NOT PROVIDE ANY SERVICE LEVEL AGREEMENT ("SLA"), UPTIME COMMITMENT, OR SERVICE CREDITS.

15. Limitation of Liability

Exclusion of indirect damages. Except for the Excluded Claims below, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, or business interruption, even if advised of the possibility.

General cap. Except for the Excluded Claims, each party’s total cumulative liability arising out of or related to these Terms or the Services will not exceed the greater of (a) the total fees you paid us in the 12 months before the event giving rise to liability, or (b) US $5,000.

Excluded Claims. The exclusion of indirect damages above and the General Cap do not apply to: (i) either party’s gross negligence or willful misconduct or fraud; (ii) your breach of the AUP or the license restrictions in Section 5; (iii) either party’s breach of its confidentiality obligations; (iv) our breach of our security obligations resulting in unauthorized access to Customer Data; (v) your indemnification obligations; or (vi) our indemnification obligation in Section 17A (Our IP Indemnity). For clauses (iii) and (iv), each party’s aggregate liability will not exceed the greater of (a) two times (2x) the fees paid in the prior 12 months or (b) US $50,000. Liability for clauses (i), (ii), (v), and (vi) is not capped by this Section.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply, some of the exclusions above may not apply to you, and our liability will be limited to the fullest extent permitted by law.

16. Security Incident

Security incidents and notifications will be handled in accordance with the Data Processing Addendum where applicable.

17. Your Indemnification

You agree to defend, indemnify, and hold harmless claimOS its affiliates, and its and their officers, directors, employees, and agents from any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of:

17A. Our IP Indemnity

We will defend you against any third-party claim alleging that the Services, as provided by us and used in accordance with these Terms, infringe that third party’s U.S. patent, copyright, or trademark, and we will pay damages finally awarded or settlement amounts we approve. This obligation does not apply to claims arising from: (a) your Customer Data or any content you provide; (b) use of the Services in violation of these Terms or the AUP; (c) modifications to the Services not made by us; (d) combination of the Services with products or data not provided by us, where the claim would not have arisen but for the combination; or (e) your continued use after we notify you to stop for IP reasons. If the Services become subject to an infringement claim, we may, at our option, procure the right to continue, modify the Services to be non-infringing, or terminate the affected Services and refund prepaid unused fees. The indemnified party must promptly notify the indemnifying party of any claim, provide reasonable cooperation (at the indemnifying party's expense), and permit the indemnifying party to control the defense and settlement of the claim, except that no settlement admitting liability or imposing obligations on the indemnified party may be entered into without the indemnified party's prior written consent (not to be unreasonably withheld, conditioned, or delayed)

THIS SECTION STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND CLAIMOS’S ENTIRE LIABILITY FOR ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT RELATING TO THE SERVICES.

18. Term and Termination

These Terms start when you first accept them and continue until terminated.

ClaimOS may suspend or terminate Customer's access to the Services immediately if claimOS reasonably believes that Customer has: (a) materially breached these Terms or the Acceptable Use Policy; (b) failed to pay amounts due; (c) used the Services in a manner that poses a security risk to the Services, claimOS, other users, or third parties; or (d) engaged in unlawful, fraudulent, or abusive conduct. On termination: your right to use the Services ends immediately. The provisions of these Terms that by their nature should survive termination, including Sections 6, 7, 9, 10, 13, 14, 15, 17, 17A, 19, 20, and any payment obligations accrued prior to termination, shall survive.

19. Dispute Resolution

Informal Resolution First

Before commencing arbitration or litigation, either party agrees to provide written notice of the dispute to the other party and to make a good-faith effort to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration

If informal resolution fails, any dispute arising out of or related to these Terms or the Services will be resolved through final, binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration will take place in Travis County, Texas, unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

EACH PARTY AGREES THAT ANY CLAIM SHALL BE BROUGHT ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO HEAR OR DECIDE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM.

Non-Severability of the Class Action Waiver

The Class Action Waiver above is an essential part of this arbitration agreement. If the Class Action Waiver is found unenforceable as to any claim or any request for particular relief, then this entire arbitration agreement shall be null and void as to that claim or request for relief, which shall instead proceed in a court of competent jurisdiction under Section 20. The parties do not agree to class, collective, consolidated, or representative arbitration under any circumstances, and no arbitrator has authority to conduct it. The remainder of these Terms is unaffected.

Coordinated and Mass Filings

If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against claimOS by or with the assistance of the same law firm or coordinated group of firms within a ninety (90) day period, the parties agree those demands will be administered under the AAA Mass Arbitration Supplementary Rules where applicable, and will be resolved in staged batches of no more than fifty (50) demands each. The parties will select a reasonable number of bellwether cases from each batch to be arbitrated first, and will use the outcomes to attempt a global resolution of the remaining demands in that batch before those demands are individually filed or assessed fees. Applicable statutes of limitation are tolled for all demands in a batch while that batch is pending.

Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

Exceptions

Either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information, or may bring an individual action in a court of competent jurisdiction for matters properly within the jurisdiction of a small claims court

Opt Out

Customer may opt out of this arbitration agreement by providing written notice to claimOS within thirty (30) days after first accepting these Terms. An opt-out applies only to this arbitration provision and does not affect the remainder of these Terms.

20. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by the laws of the State of Texas, without regard to its conflict of laws principles. Subject to Section 19 (Dispute Resolution), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas, for any action permitted to be brought in court under these Terms or to enforce or confirm any arbitration award.

21. Changes to These Terms

ClaimOS may modify these Terms from time to time. If we make a material change, we will provide reasonable advance notice, including by email or through the Services, at least thirty (30) days before the change becomes effective, unless a shorter notice period is required by applicable law or necessary to address security, legal, or regulatory requirements. Non-material changes, including changes that clarify these Terms or correct typographical or administrative errors, may become effective immediately upon posting. By continuing to access or use the Services after the effective date of any changes, Customer agrees to the revised Terms.

22. Miscellaneous

23. Contact Us

Questions about these Terms?

claimOS LLC

7328 Covered Bridge Dr, Austin, TX 78736

Email: legal@claimos.net

Definitions

These definitions apply across the Terms of Service, Privacy Policy, Data Processing Agreement, and Acceptable Use Policy.

Return to claimos.net.