Terms of Service

Services Overview

These Terms of Service ("Terms") establish the terms and conditions under which The Claim Forge, a Texas-based public adjusting firm ("The Claim Forge," "we," "us," or "our"), provides services to you ("You," "Your," or "Client"). These Terms, together with any proposals, agreements, or supplemental documents provided to you by The Claim Forge (collectively, the "Agreement"), form the complete understanding between both parties and replace all prior discussions, agreements, and representations, whether written or verbal.

By accessing or using any portion of our services, you agree to be bound by the terms of this Agreement.

If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind that entity and its affiliates to these Terms. If you do not have such authority, or if you do not agree to these Terms, you should not access or use our services.

1. Intellectual Property and Licensing

A. Ownership of Services

All services, software, tools, and related materials provided by The Claim Forge are owned by The Claim Forge and/or its third-party licensors. Our services are protected under applicable U.S. and international intellectual property laws. The Claim Forge and its licensors retain all ownership, title, and interest in the services, including all associated patent, copyright, trademark, and other intellectual property rights. No rights are granted to you except as explicitly stated in this Agreement.

B. License to Use

Subject to the terms of this Agreement, The Claim Forge grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our services solely for your internal business or personal purposes. This license does not include the right to sublicense, distribute, modify, reverse-engineer, or create derivative works based on our services.

C. Restrictions

You agree not to: (i) copy, modify, or distribute our services or related materials; (ii) reverse-engineer, decompile, or attempt to derive the source code of any software component; (iii) remove or alter any proprietary notices, labels, or marks; (iv) use the services for any unlawful purpose or in violation of any applicable law; or (v) allow unauthorized third parties to access or use the services on your behalf.

2. Your Responsibilities

A. Accurate Information

You are responsible for providing accurate, complete, and current information when using our services. This includes claim details, policy information, property documentation, and any other materials relevant to your engagement with The Claim Forge. You acknowledge that inaccurate or incomplete information may adversely affect the outcome of your claim or the services we provide.

B. Compliance

You agree to use our services in compliance with all applicable federal, state, and local laws and regulations. You are solely responsible for ensuring that your use of our services does not violate any applicable law or regulation.

C. Account Security

If you are provided with login credentials or access to any client portal, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify The Claim Forge immediately of any unauthorized access or use of your account.

3. Confidentiality

Both parties agree to maintain the confidentiality of any non-public information shared during the course of the engagement. "Confidential Information" includes, but is not limited to, claim details, policy information, financial data, business strategies, proprietary methods, and any information designated as confidential by either party.

Confidential Information does not include information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was already known to the receiving party prior to disclosure; (iii) is independently developed without reference to the disclosing party's Confidential Information; or (iv) is lawfully received from a third party without restriction on disclosure.

Each party agrees to use the other party's Confidential Information solely for the purpose of fulfilling obligations under this Agreement. The receiving party shall protect such information using the same degree of care it uses for its own confidential information, but no less than reasonable care.

4. Payment and Fees

Fees for services rendered by The Claim Forge shall be as outlined in your service agreement, proposal, or engagement letter. All fees are due in accordance with the payment terms specified in your agreement. Late payments may be subject to interest charges at the lesser of 1.5% per month or the maximum rate permitted by applicable law.

You are responsible for all taxes applicable to your use of the services, excluding taxes based on The Claim Forge's net income. If any payment is subject to withholding tax, you shall gross up the payment so that The Claim Forge receives the full amount due.

5. Term and Termination

A. Term

This Agreement is effective as of the date you first access or use our services and continues until terminated by either party in accordance with the terms herein.

B. Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party: (i) materially breaches this Agreement and fails to cure such breach within thirty (30) days of receiving written notice; or (ii) becomes insolvent, files for bankruptcy, or ceases to operate in the ordinary course of business.

C. Effect of Termination

Upon termination, your right to access and use our services will immediately cease. Any fees owed for services rendered prior to termination remain due and payable. Provisions that by their nature should survive termination, including confidentiality, limitation of liability, and indemnification, shall survive.

6. Warranties and Disclaimers

The Claim Forge warrants that it will provide its services in a professional and workmanlike manner consistent with generally accepted industry standards. If services fail to meet this warranty, The Claim Forge will, at its sole discretion, re-perform the deficient services or refund the applicable fees.

Except as expressly stated above, the services are provided "as is" and "as available." The Claim Forge disclaims all other warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The Claim Forge does not warrant that the services will be uninterrupted, error-free, or completely secure.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall The Claim Forge be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising out of or related to this Agreement, regardless of the theory of liability, even if The Claim Forge has been advised of the possibility of such damages.

The Claim Forge's total aggregate liability under this Agreement shall not exceed the total fees paid by you to The Claim Forge during the twelve (12) months immediately preceding the event giving rise to the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless The Claim Forge, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use or misuse of the services; (ii) your breach of this Agreement; (iii) your violation of any applicable law; or (iv) any claim by a third party related to your use of our services.

9. Data Protection and Privacy

The Claim Forge is committed to protecting your personal information. Our collection, use, and disclosure of personal information is governed by our Privacy Notice, which is incorporated into this Agreement by reference. By using our services, you consent to the data practices described in our Privacy Notice.

We implement commercially reasonable administrative, technical, and physical safeguards to protect your information from unauthorized access, use, or disclosure. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.

10. Dispute Resolution

In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue formal resolution through the courts as specified below.

11. SMS/Text Messaging

The Claim Forge may offer an SMS text messaging program called The Claim Forge Claim Updates. By providing your mobile phone number and opting in, you consent to receive transactional and informational text messages about your property insurance claims, including claim status updates, appointment reminders, document requests, and other communications related to your engagement with The Claim Forge.

• Message Frequency: Message frequency varies based on claim activity.
• Message and Data Rates: Message and data rates may apply. Please contact your wireless carrier for details about your text plan or data plan.
• Consent Not Required: Consent to receive SMS messages is not a condition of purchase of any goods or services from The Claim Forge.
• Opt-Out: You may opt out of receiving text messages at any time by replying STOP to any message. After opting out, you will receive a one-time confirmation message, and no further messages will be sent unless you re-subscribe.
• Help: For assistance, reply HELP to any message, or contact us at (817) 538-4164 or Claims@TheClaimForge.com.
• Supported Carriers: Carriers are not liable for delayed or undelivered messages. Service is available on most major U.S. wireless carriers.
• Privacy: Your mobile phone number will not be sold, shared, or disclosed to third parties or affiliates for marketing or promotional purposes. For more information, please see our Privacy Notice and our SMS Consent & Disclosures page.

For full details on our SMS program — including all opt-in paths, sample messages, and supported keywords — see our SMS Consent & Disclosures page.

12. General Provisions

Force Majeure

Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, government actions, epidemics, pandemics, power failures, internet or telecommunications failures, or other force majeure events.

Assignment

You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of The Claim Forge. The Claim Forge may assign its rights and obligations under this Agreement without your consent in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the federal or state courts located in Tarrant County, Texas. Each party consents to the jurisdiction of such courts and waives any objection to the appropriateness of such venue.

Waiver of Jury Trial

Each party waives any right to a jury trial in connection with any action or proceeding arising out of or related to this Agreement.

Entire Agreement

These Terms, together with any proposals, the Privacy Notice, and any other documents incorporated by reference, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless made in writing and signed by both parties.