ClaimScale Terms of Service
Terms of Service
Last Modified: [12/1/2025]
These Terms of Service ("Terms") govern your use of ClaimScale's estimate writing and quality assurance services ("Services"). By engaging ClaimScale or accessing our platform, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.
"ClaimScale," "we," "us," and "our" refer to ClaimScale, Inc., a Delaware corporation. "Client," "you," and "your" refer to the individual or organization using our Services.
Services Overview
ClaimScale provides claims estimate writing and quality assurance services for insurance carriers and independent adjusting firms. You submit inspection data. We produce settlement-ready Xactimate estimates. You review and approve those estimates before use.
Processing inspection photos, field measurements, and scope notes- Producing formatted Xactimate estimates
- Quality assurance review of estimate accuracy and completeness
- Returning completed estimates for your approval
Our Services include:
We do not perform field inspections, adjust claims, or make coverage determinations. We do not communicate with policyholders. We produce documentation that you review, approve, and deploy at your discretion.
Client Responsibilities
Data Submission. You are responsible for providing complete, accurate, and legible inspection data. This includes photos, measurements, scope notes, and any carrier-specific requirements. Incomplete or inaccurate submissions may result in estimate delays, revisions, or additional charges.
Review and Approval. Every estimate we produce requires your review and approval before use. You are solely responsible for verifying estimate accuracy, confirming coverage applicability, and ensuring compliance with carrier guidelines before deploying any estimate. Once you approve an estimate, you assume full responsibility for its use.
Compliance. You will use the Services in compliance with all applicable laws, regulations, and carrier requirements. You will not submit data for claims you are not authorized to handle.
Account Security. You are responsible for maintaining the confidentiality of login credentials and for all activity under your account. Notify us immediately of any unauthorized access.
- Use the Services to benchmark, evaluate, or develop competing products
- Reverse engineer, decompile, or disassemble any part of our platform or workflows
- Share login credentials with unauthorized parties
- Submit fraudulent or fabricated inspection data
- Resell or sublicense access to the Services
Prohibited Uses. You will not:
Deliverables and Ownership
Estimate Ownership. Upon delivery and payment, you own the estimates we produce for you. You may use, modify, distribute, and deploy completed estimates without restriction.
Input Data. You retain ownership of all inspection data you submit. We use your data solely to produce the contracted deliverables. We do not use your data for any other purpose, including training, product development, or provision of services to other clients.
Work Product. Estimates are produced specifically for your use on the claims you submit. Each estimate is a custom work product, not a template or reusable asset.
Accuracy and Approval Disclaimer
Estimates Require Your Approval. ClaimScale produces estimates based on the inspection data you provide. We do not inspect properties, verify field conditions, or make independent judgments about claim validity. The accuracy of our estimates depends on the completeness and accuracy of your submissions.
No Guarantee of Final Settlement. Estimates are documentation tools, not settlement guarantees. Actual claim outcomes depend on coverage terms, carrier guidelines, and factors outside our control. We make no representation that any estimate will result in a specific settlement amount or carrier approval.
Client Assumes Responsibility Upon Approval. When you approve and deploy an estimate, you accept full responsibility for its contents and any resulting outcomes. ClaimScale is not liable for claims, disputes, or damages arising from estimates you have reviewed and approved for use.
As-Is Delivery. Estimates are provided as-is based on submitted data. We do not warrant that estimates are free from errors, omissions, or discrepancies with actual field conditions. Your review and approval process exists precisely to catch and correct any issues before deployment.
Turnaround and Delivery
We make commercially reasonable efforts to deliver estimates within 12-24 hours of receiving complete inspection data. Turnaround times are targets, not guarantees. Actual delivery depends on submission completeness, claim complexity, and volume.
If submitted data is incomplete or illegible, turnaround begins when we receive corrected or supplemental materials.
Fees and Payment
Per-Claim Pricing. Services are billed on a per-claim basis at rates agreed upon in your service agreement or order form. Current pricing is available upon request.
Payment Terms. Invoices are due upon receipt unless otherwise specified in writing. We reserve the right to suspend Services for accounts more than 30 days past due.
Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, or other taxes.
Quality and Revisions
Revision Requests. If you identify errors or omissions in a delivered estimate, notify us promptly. We will review and revise estimates at no additional charge when the issue results from our error.
Refunds. In cases of significant quality failures attributable to ClaimScale, we may issue partial or full refunds at our discretion. Refunds are not available for issues resulting from incomplete or inaccurate inspection data.
Disputes. Quality disputes must be raised within 14 days of estimate delivery. After 14 days, estimates are deemed accepted.
Confidentiality
We treat all client data as confidential. We do not disclose your inspection data, estimates, or business information to third parties except as required to provide the Services or as compelled by law.
You agree to maintain the confidentiality of any ClaimScale pricing, platform features, or workflow information not publicly available.
Intellectual Property
ClaimScale Property. The Services, platform, workflows, processes, software, and documentation are the exclusive property of ClaimScale and its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes. No other rights are granted.
- Copy, modify, or create derivative works from our platform or materials
- Reverse engineer, disassemble, or decompile any software or technology
- Remove or alter any proprietary notices or labels
- Use the Services to build a competitive product or service
- Share, disclose, or demonstrate our platform to competitors
- Scrape, harvest, or extract data from our systems beyond your own deliverables
Restrictions.You may not:
Feedback. If you provide suggestions, ideas, or feedback about the Services, we may use that feedback without restriction or compensation.
Enforcement. We actively protect our intellectual property. Unauthorized use, copying, or reverse engineering may result in immediate termination and legal action.
Limitation of Liability
Exclusion of Damages. To the fullest extent permitted by law, ClaimScale is not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, regardless of legal theory and even if we were advised of the possibility of such damages.
Liability Cap. Our total liability for all claims arising from or related to the Services is limited to the greater of (a) $500 or (b) the fees you paid to ClaimScale in the 12 months preceding the claim.
Basis of the Bargain. You acknowledge that our pricing reflects this allocation of risk and that these limitations apply even if any remedy fails of its essential purpose.
Exceptions. These limitations do not apply to liability arising from gross negligence, willful misconduct, or breach of confidentiality obligations.
Indemnification
You agree to defend, indemnify, and hold harmless ClaimScale, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Services
- Estimates you approved and deployed
- Your breach of these Terms
- Your violation of applicable laws or regulations
- Claims by policyholders, carriers, or third parties related to estimates you used
- Inaccurate or incomplete data you submitted
We will promptly notify you of any claim subject to indemnification and cooperate in the defense. You may not settle any claim without our prior written consent.
Termination
Termination for Convenience. Either party may terminate the service relationship with 30 days written notice.
Termination for Breach. We may suspend or terminate Services immediately if you breach these Terms, fail to pay amounts due, or engage in conduct harmful to ClaimScale or the Services.
- Your access to the platform ceases
- Outstanding invoices become immediately due
- Provisions that by their nature should survive (including intellectual property, limitation of liability, and indemnification) remain in effect
Effect of Termination. Upon termination:
Copyright Infringement
ClaimScale respects intellectual property rights. If you believe material on our platform infringes your copyright, notify our designated agent:
ClaimScale, Inc.
Attn: Copyright Agent
2401 W Behrend Drive, Suite 33A
Phoenix, AZ 85027
Email: legal@claimscale.com
- A physical or electronic signature of the copyright owner or authorized representative
- Identification of the copyrighted work claimed to be infringed
- Identification of the allegedly infringing material and its location
- Your contact information
- A statement that you have a good faith belief the use is not authorized
- A statement under penalty of perjury that your notice is accurate and you are authorized to act on behalf of the copyright owner
Your notice must include:
We reserve the right to remove allegedly infringing content and terminate accounts of repeat infringers.
Dispute Resolution
Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
Arbitration. Any dispute arising from these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Phoenix, Arizona. The arbitrator's decision is final and enforceable in any court of competent jurisdiction.
Class Action Waiver. All disputes must be brought in an individual capacity. You waive any right to participate in a class action, collective action, or representative proceeding.
Exceptions. Either party may seek injunctive relief in court to protect intellectual property rights or confidential information without first pursuing arbitration.
Informal Resolution. Before initiating arbitration, you agree to contact us at legal@claimscale.com and attempt to resolve the dispute informally for at least 30 days.
General Provisions
Entire Agreement. These Terms, together with any service agreement or order form, constitute the entire agreement between you and ClaimScale regarding the Services.
Amendments. We may update these Terms by posting revised terms on our website. Material changes will be communicated via email or platform notification. Continued use of Services after changes constitutes acceptance.
Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
Waiver. Failure to enforce any provision is not a waiver of that provision or any other.
Assignment. You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.
No Agency. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between you and ClaimScale.
Notices. Notices to ClaimScale must be sent to legal@claimscale.com or by mail to:
ClaimScale, Inc.
2401 W Behrend Drive, Suite 33A
Phoenix, AZ 85027
Notices to you will be sent to the email associated with your account.
Force Majeure. Neither party is liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, acts of government, or infrastructure failures.
Contact
Questions about these Terms:
Email: legal@claimscale.com
Mail:
ClaimScale, Inc.
2401 W Behrend Drive, Suite 33A
Phoenix, AZ 85027