Terms of Service

1. Acceptance of Terms & Nature of Service

By accessing and using XactaClaim ("the Service", "we", "our", or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you are strictly prohibited from using our services.

XactaClaim is a software automation tool and Artificial Intelligence (AI) assistant. We are NOT a law firm, NOT an insurance company, and NOT a licensed public adjuster. We do NOT provide legal advice, insurance coverage determinations, public adjusting services, or claim outcome guarantees.

1A. AI-Assisted Features

The Service may include AI-assisted tools such as policy review, photo and damage documentation review, claim copilot, morning summaries, estimate comparison, demand drafting support, and voicemail summaries when enabled on your plan and workspace.

These features are assistance tools only. AI output may be incomplete, inaccurate, or require professional review. You must independently review and verify all AI-generated content before relying on it or sending it to clients, carriers, or other parties.

XactaClaim does not make final legal, coverage, or claim decisions. Licensed professionals and workspace users remain responsible for all outputs, filings, and client communications.

1B. Client Portal Access

The client portal is PIN-based. Clients do not receive separate Firebase or staff-style application accounts. Clients may access claim-related information, action items, document requests, agreement signing workflows when enabled, notification preferences, and uploads when portal access is enabled for a claim.

Clients and workspace users are responsible for keeping portal PINs, phone access codes, and other private access details secure. Portal sessions may persist in the browser for convenience, are re-verified with the server before claim data is shown, and are not permanent login accounts.

See our Privacy Policy and Cookie Policy for how portal session storage works.

2. Assumption of Risk & Professional Responsibility

You, the user (acting as a public adjuster, attorney, or professional representative), assume SOLE AND EXCLUSIVE RESPONSIBILITY for the accuracy, legality, validity, and ultimate outcome of any claim, document, demand, or communication generated by, imported into, or routed through our Service.

Artificial Intelligence (AI) can hallucinate, produce inaccurate results, or omit critical details. YOU MUST INDEPENDENTLY VERIFY ALL DATA, NUMBERS, STATEMENTS, AND LEGAL CITATIONS BEFORE SUBMITTING ANY DOCUMENTS TO INSURANCE CARRIERS OR CLIENTS.

2A. Communications Consent (SMS, Calls, Recording, Transcription)

You are solely responsible for obtaining any legally required consent from your clients/claimants and other recipients for SMS/MMS messaging, phone calls, voicemail recording, and transcription, including any disclosures required by applicable state, federal, or local law. Public disclosure of our messaging practices is available at SMS Consent & Messaging Disclosures.

SMS/MMS, email, voice, voicemail, auto-chaser reminders, portal-link SMS, and delivery tracking depend on workspace configuration, provider availability, applicable consent, and carrier or email delivery conditions. Delivery and receipt are not guaranteed.

XactaClaim may enforce consent, opt-out, and notification-preference controls in the Service, but you remain solely responsible for obtaining required consent and complying with applicable telecommunications, privacy, and insurance laws.

SMS/MMS sent through XactaClaim must be transactional and claim-related only (for example, claim updates, secure portal links, upload reminders, auto-chaser reminders when enabled, and voicemail acknowledgments when enabled). Message frequency varies by claim activity and workspace configuration. Message and data rates may apply. Recipients may reply STOP to opt out and HELP for help where supported. You must not continue sending claim-related SMS to recipients who have opted out.

You must not use XactaClaim for marketing SMS, promotional campaigns, spam, lead generation, cold outreach, or unlawful communications. Marketing or promotional SMS is not supported unless we explicitly enable it in the future.

Delivery of SMS/MMS depends on telecommunications providers and carriers (including Twilio) and is not guaranteed. Twilio and carriers may process STOP/HELP/START and other compliance keywords.

You agree not to send sensitive secrets such as portal PINs or voice access codes via SMS. XactaClaim’s portal-link texts are designed to send a URL only; share PINs and access codes through a separate approved channel when applicable.

When voice features are enabled, voicemails may be recorded, transcribed, and summarized using configured providers. Transcripts may be incomplete or inaccurate—staff must review recordings before taking action.

2C. Acceptable Use (Communications)

You agree not to use the Service to send spam, harassing messages, unlawful content, or messages unrelated to an active claim workflow. You are responsible for the content you send and for compliance with carrier, Twilio, and applicable telecommunications rules.

2D. Third-Party Service Providers

The Service may rely on third-party providers including, without limitation, Twilio (SMS/voice), Stripe (billing), Google Firebase (hosting, authentication, storage), Resend (email), and AI providers (for example, Google Gemini) configured for your workspace. Their terms and policies also apply to your use of those features.

2B. No Emergency Use

The Service is not intended for emergency communications or time-critical safety use cases. Do not rely on XactaClaim for emergency response, life safety, or urgent dispatch.

3. Absolute Disclaimer of Warranties (AS-IS)

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

4. Limitation of Liability

IN NO EVENT SHALL XACTACLAIM, ITS FOUNDERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THE USE OF THE SERVICE SHALL BE LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR $100.00 USD, WHICHEVER IS LESS.

5. Indemnification

You agree to fully indemnify, defend, and hold harmless XactaClaim, its officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service;
• Your violation of any term of these Terms of Service;
• Your violation of any third-party right, including without limitation any privacy or intellectual property right;
• Any claim that your use of the Service caused damage to a third party (including your clients or insurance carriers);
• Any regulatory action or fine levied against you for the unauthorized practice of law or adjusting standards violations.

6. Client Consent, Notification Preferences, and Data Legality

You represent and warrant that you have obtained the explicit, legally binding consent of your clients (the insureds) to upload their personal, financial, and property data into XactaClaim for processing, including processing by third-party AI sub-processors acting on our behalf.

Workspace users may record verbal consent for SMS/MMS and email claim updates when creating or managing a claim. Clients may also confirm, update, or revoke SMS/MMS and email notification preferences in the client portal when that feature is enabled.

SMS STOP or similar opt-out controls, revoked SMS consent, mismatched phone numbers, or revoked email notification preferences may block routine client notifications sent through the Service. Certain non-client or explicitly directed communications — such as demand delivery to a carrier or third-party recipient, or team invitation emails — may not be governed by client portal notification preferences.

See our SMS Consent & Messaging Disclosures and Email Notices for additional details.

7. Subscriptions, Claim Credits, and Plan Features

Claim credits govern claim-file creation and workspace capacity. Solo Trial is limited to one claim file. Pro and Premium plans include additional claim credits each billing cycle when billing is active, as described on the pricing page.

Booster packs add claim credits only and do not unlock plan-gated features. Booster packs are available only to active Pro or Premium workspaces, subject to billing eligibility rules in the application.

Claim credits control claim-file capacity. AI, messaging, voice, storage, file uploads, and automation features are subject to fair-use limits. Booster packs add claim credits only and do not increase fair-use limits. Extra seats add workspace user capacity only and do not increase claim credits or fair-use limits.

Features may be tiered by plan, require workspace configuration, remain in beta, be subject to fair-use limits, or change over time. Availability of SMS, email, voice, AI, portal, export, and automation features depends on your subscription, setup, and applicable provider configuration.

Pro and Premium are recurring monthly subscriptions billed through Stripe. Booster packs are one-time purchases that add claim credits only. Extra seats are a recurring per-user add-on on your subscription for additional workspace members only; they do not add claim credits or increase fair-use limits.

8. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you delete your account through Profile settings, see our Privacy Policy — Account Deletion and Data Retention for what is removed, what may be retained, and how to request full workspace deletion.

9. Governing Law

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