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 not an insurance carrier, law firm, public adjusting firm, or licensed claims provider. XactaClaim does not provide legal advice, insurance advice, public adjusting services, claim valuation opinions, or claim outcome guarantees.

1A. Artificial Intelligence (AI)

XactaClaim may offer AI-assisted analysis, summarization, drafting, and Q&A tools when enabled on your plan and workspace. These features are assistance tools only. They do not provide legal, insurance, engineering, public adjusting, or coverage advice and do not make final claim, coverage, or legal decisions.

Scope of AI-assisted features

Depending on your subscription, configuration, and release, AI-assisted features may include document and image review, interactive claim assistants, workspace briefings, structured claim summaries, estimate or variance analysis, drafting support, and communication summarization. Current examples include:

• Policy review and policy Q&A from uploaded policy PDFs and saved analysis.
• Photo and damage documentation review for uploaded images.
• Claim Copilot — interactive claim Q&A using claim record facts and saved analyses.
• Morning Brief — workspace-level summary of open claims, tasks, voicemails, and review items.
• AI Claim Brief — structured per-claim staff summary (beta; available in the Pro/Premium mobile companion from the claim detail screen; web UI not yet available; server-generated via workspace APIs).
• Estimate comparison and variance analysis on eligible plans.
• Demand drafting support and voicemail summaries when enabled.

Feature names, availability, and surfaces may change. New or renamed AI-assisted tools remain subject to these Terms, fair-use limits, and the related Privacy and Security disclosures below.

How AI processing works

AI processing generally runs server-side through XactaClaim workspace APIs when authorized staff request analysis or use an AI-assisted feature. It is not automatically applied to every uploaded file unless you trigger analysis or a supported workflow does so. AI may use truncated or summarized claim context — such as internal staff note excerpts, task descriptions, document metadata, saved analysis summaries, photo analysis outputs, and timeline, call, or voicemail summaries when available. Source documents, images, or recordings are not necessarily sent in full for every feature.

For privacy details on inputs, outputs, subprocessors, and retention, see our Privacy Policy — Artificial Intelligence (AI).

Staff-only outputs and client portal boundaries

Internal Claim Notes, AI Claim Briefs, staff review queues, and most AI assistant responses are not visible to clients through the portal. Workspace users remain responsible for what they share externally after reviewing AI output.

Your responsibilities

AI output may be incomplete, inaccurate, outdated, or omit critical details. You must independently review and verify all AI-generated content before relying on it or sending it to clients, carriers, or other parties. You are responsible for reviewing AI-generated outbound copy before sending. AI-assisted features may be unavailable, fail, or require professional review; they are subject to plan entitlements and fair-use limits described elsewhere in these Terms.

Licensed professionals and workspace users remain responsible for all outputs, filings, and client communications. For provider security constraints and staff device boundaries, see our Security Policy — Artificial Intelligence (AI).

1B. Client Portal Access

The client portal is a secure web PIN-based portal. Clients do not receive separate Firebase or staff-style application accounts, and there is no separate client mobile application. Clients may access claim-related portal information, action items, document requests, beta agreement signing workflows when enabled, notification preferences, and uploads when portal access is enabled for a claim.

Internal Claim Notes, AI Claim Briefs, staff review queues, and internal workspace communications are not visible to clients through the portal. Workspace users are responsible for the accuracy and appropriateness of internal notes and for lawful client communications and consent.

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.

1C. Early Access Launch

XactaClaim is live and intended for production use. During Early Access, we may update, refine, or change features based on customer feedback and operational needs.

AI-assisted features may be unavailable, fail, or require professional review before you rely on or send outputs. SMS/MMS and voice delivery may depend on carrier registration, client consent, workspace configuration, and provider approval — delivery is not guaranteed during Early Access.

You remain responsible for reviewing claim materials, communications, and AI-assisted outputs before relying on them or sending them to clients, carriers, or other parties.

1C. Mobile Companion (Staff Mobile Access)

XactaClaim may offer a mobile companion for authorized staff/workspace users on eligible plans (typically Pro or Premium). The mobile companion is an extension of the staff workspace — not a separate client application and not a replacement for the full web application.

Mobile access may depend on your subscription plan, account status, verified email, workspace membership, role, profile readiness, and the mobile app version in use. Available mobile features may vary by release and may not include every web workflow (for example, estimate comparison, demand drafting, portal administration, or billing may remain web-only).

• Staff only: The mobile companion is for workspace staff users. It is not a client mobile app. Clients access the secure web PIN portal where enabled.
• Supported workflows may include: viewing claims, opening claim detail, Claim Quick Create where supported, internal Claim Notes (including notes created with a mobile source tag), tasks and work queue updates where implemented, damage photos/files/communications views where available, and AI Claim Brief beta from claim detail.
• AI Claim Brief on mobile: Staff-only, server-generated through workspace APIs. Clients cannot view AI Claim Briefs through the portal. You must review AI outputs before acting or sharing.
• Connectivity required: Offline mode is not currently supported on mobile or web.
• Device responsibility: Staff are responsible for protecting their devices, sign-in methods, and account access. Do not use shared or unsecured devices for sensitive claim work when avoidable.

The mobile companion does not provide legal, insurance, engineering, public adjusting, or coverage advice. AI-assisted mobile features are assistive only and require human verification.

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)

SMS/MMS consent for claim-related messages is separate from acceptance of our Terms of Service or Privacy Policy. Consent to receive claim-related SMS/MMS is not a condition of purchasing XactaClaim software unless legally required for a specific communication workflow in your jurisdiction.

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, overdue client 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, overdue client reminders when run from the dashboard or when a scheduled reminder job is configured, 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. These providers may process Customer Content or related metadata only as needed to provide their services to XactaClaim. Their terms and policies also apply to your use of those features.

2E. Customer Data Ownership

Customers retain ownership of the claim files, documents, photos, notes, client information, communications, and other content they upload or create in XactaClaim. XactaClaim does not claim ownership of Customer Content. We process Customer Content only to provide, secure, support, maintain, and improve the service, comply with law, and as otherwise described in these Terms and our Privacy Policy. Authorized workspace users control what they upload and share through the platform.

2F. Data Access, Export, and Deletion Requests

You may contact us to request access, export, correction, or deletion of account or workspace data associated with your subscription. Email us and include your agency name, account email, and the scope of your request. We will verify ownership and respond within a reasonable period. Some data may be retained where required or permitted for security, legal compliance, billing, fraud prevention, audit logs, backup continuity, or dispute resolution. Workspace administrators remain responsible for managing client and claim records in their workspace and for responding to their own clients as applicable. Deletion is not instantaneous when backups, archives, or provider-side records exist.

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.

If you upload workspace logos or other branding marks, you represent that you have the rights to use and display those assets in the client portal and on generated reports.

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.

Canceling a paid subscription does not delete your login account or workspace data. Manage billing through the Stripe Billing Portal or workspace Billing settings. Deleting your login account is a separate action — it does not cancel Stripe billing — and is described in our Privacy Policy — Login Account Deletion and Data Retention.

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

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.