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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
ClaimScale may facilitate SMS communications in connection with insurance claims processing workflows managed by clients, carriers, or independent adjusters. These communications are strictly transactional in nature and are limited to claim-related activities.
Types of Messages. SMS communications may include claim status updates, inspection scheduling, requests for documentation, coordination between adjusters and policyholders, and other claim-related notifications. ClaimScale does not send promotional or marketing messages.
Consent to Receive Messages. SMS messages are only sent to individuals who have provided their mobile phone number and have explicitly agreed to receive claim-related communications during the claims process. Consent is obtained at the point where the phone number is collected by the responsible party (such as an insurance carrier, adjuster, or authorized representative). ClaimScale relies on its clients and partners to obtain and maintain valid consent in accordance with applicable laws and regulations.
Message Frequency. Message frequency varies depending on the status and activity of the claim.
Fees. Message and data rates may apply depending on the recipient's mobile carrier and plan.
Opt-Out. Recipients may opt out of receiving SMS messages at any time by replying STOP to any message. After opting out, no further SMS communications will be sent unless the recipient provides new consent.
Support. For assistance, recipients may reply HELP or contact support@claimscale.ai.
Data Handling. Mobile phone numbers and SMS consent data are used solely for claim-related communications. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information may be shared with service providers only as necessary to support operational functions related to the Services. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Sender Identification. SMS messages will identify ClaimScale or the applicable adjuster or carrier at the beginning of each communication.
Compliance Responsibility. Clients are responsible for ensuring that all SMS communications initiated through the Services comply with applicable laws, regulations, and carrier requirements, including obtaining and maintaining proper consent records. ClaimScale does not independently verify consent and is not responsible for client non-compliance in messaging practices.
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.
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.
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.
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:
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 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.
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
We reserve the right to remove allegedly infringing content and terminate accounts of repeat infringers.
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.
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.
Questions about these Terms:
Email: legal@claimscale.com
Mail:
ClaimScale, Inc.
2401 W Behrend Drive, Suite 33A
Phoenix, AZ 85027