Terms of Service

Effective Date: May 14, 2026 · Last Updated: May 19, 2026

These Terms of Service ("Terms") form a binding agreement between you ("you," "your," or "User") and DLV Construction LLC ("we," "us," "our," or "Claims Management") governing your access to and use of the Claims Management desktop application, mobile recorder application, browser extension, websites at https://adjusterphoto.com and related subdomains, and all associated services (collectively, the "Software"). By installing, accessing, or using the Software, you agree to these Terms. If you do not agree, do not install or use the Software.

1. Eligibility

The Software is a business tool designed for use by insurance and claims professionals — including independent and public insurance adjusters, contractors, roofers, home inspectors, and other personnel of firms that handle property inspection, damage assessment, or claims-related work. Licensing rules vary widely by state, and many adjusters, contractors, and inspectors operate without one; we do not independently verify whether any user holds a license or other professional credential. You are solely responsible for knowing and complying with whatever licensing or registration rules (if any) apply to the professional work you do outside the Software. By using the Software, you represent and warrant that:

• You are at least 18 years old;
• You are an insurance adjuster, contractor, roofer, home inspector, or other claims-adjacent professional, an employee or contractor of a firm engaged in such work, or are otherwise authorized to handle insurance claim or property-inspection information in your jurisdiction;
• You have the authority to enter into these Terms on behalf of yourself and, if applicable, the firm or entity on whose behalf you are using the Software; and
• Your use of the Software complies with all laws and regulations that apply to your professional work, including any licensing or registration requirements that your jurisdiction imposes on you.

2. License Grant

Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software solely for your internal business purposes as an insurance adjuster, contractor, roofer, home inspector, or other claims-adjacent professional.

You may install the Software on devices you own or are authorized to use in your professional capacity. The license does not transfer with sale of those devices.

3. Subscription and Fees

The Software offers tiered access levels (e.g., free, premium). Specific features available at each tier are described in the Software and on our website. Where a tier is offered for a fee:

• Subscription fees are billed in advance on a recurring basis as disclosed at the time of purchase.
• You authorize us (or our payment processor) to charge your designated payment method for each billing cycle.
• Unless otherwise stated, fees are non-refundable except as required by applicable law.
• We may change pricing on a prospective basis with at least thirty (30) days' advance notice for existing subscribers.
• You are responsible for any taxes other than taxes based on our net income.

4. Account Security

Some features require you to create or connect an account, including authentication with Google. You agree to:

• Provide accurate and current information when registering;
• Maintain the confidentiality of credentials and authentication tokens stored on your devices;
• Be solely responsible for all activity occurring under your account; and
• Notify us promptly at legal@adjusterphoto.com if you suspect unauthorized access.

We are not liable for losses arising from your failure to safeguard credentials, tokens, or devices.

5. Acceptable Use

You agree not to:

• Use the Software for any unlawful, fraudulent, or unauthorized purpose;
• Send unsolicited communications, spam, or messages that violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or analogous laws in your jurisdiction;
• Attempt to access the Software's source code, decompile, reverse engineer, or disassemble any compiled component, except to the limited extent expressly permitted by applicable law that cannot be contractually waived;
• Resell, sublicense, rent, lease, or otherwise commercially exploit the Software outside your own adjusting, contracting, inspection, or related professional practice;
• Circumvent or interfere with security, rate-limiting, authentication, billing, or tier-enforcement mechanisms;
• Use the Software to access, store, or transmit any data you are not lawfully authorized to handle, including data subject to HIPAA where you have no business associate or other lawful basis;
• Use the Software to harass, defame, or intimidate any person, including claimants;
• Introduce malware, scripts, automated tools, or scrapers into the Software or our servers; or
• Use the Software in a manner that could damage, overload, or impair our systems or interfere with another user's enjoyment of the Software.

We may suspend or terminate access immediately for violations of this section, with or without notice.

6. SMS and Email Communications

The Software allows you to send SMS messages and emails to claimants and other parties as part of the claims process.

• You are solely responsible for ensuring you have a lawful basis (such as the recipient's prior request for inspection, an existing business relationship, or other applicable consent or exception) to contact each recipient.
• The Software honors STOP opt-out requests at the SMS layer; you must not attempt to bypass or override opt-outs.
• We provide message-delivery infrastructure but do not warrant delivery, read status, or carrier behavior.
• You agree to indemnify us (see Section 15) for any claim arising from messages you cause the Software to send.

7. Google Services

The Software integrates with Google services (Gmail, Google Drive, Google Calendar, Google Contacts) using your own Google account credentials. Your use of those services is also governed by Google's own Terms of Service and Privacy Policy. We act only as a client to Google's APIs on your behalf; we are not a party to your relationship with Google, and we do not store your Google OAuth refresh tokens on our servers (they remain on your devices).

You may revoke our access at any time at https://myaccount.google.com/permissions. Revoking access will disable Google-dependent features but will not affect data already stored locally on your device.

8. AI Features

The Software includes optional AI-powered features for research, drafting, transcription, and report generation. Our current AI processor is Anthropic (Claude); audio transcription uses Deepgram. We may change AI providers from time to time and will update our Privacy Policy accordingly. By using these features:

• AI features are opt-in. The Software presents an in-app consent screen the first time you use an AI feature, and you may revoke consent at any time from Settings → Privacy & AI inside the app.
• You acknowledge that AI output may contain errors, omissions, or fabricated information ("hallucinations").
• You will review and verify any AI-generated content before relying on it for professional or claim-related purposes.
• AI output is not legal, financial, medical, engineering, or professional advice.
• You retain full professional responsibility for any decision, communication, or document you produce or send, whether or not it was assisted by AI.
• Under our commercial terms with Anthropic, prompt content you send to the AI processor is not used to train, retrain, or improve any AI model.
• We do not use your Google user data (Gmail content, Drive files, Calendar events, or Contacts) to train any AI model, and Google user data is never sent to our AI processors.

9. Data and Privacy

Your privacy is described in our Privacy Policy, which is incorporated into these Terms by reference.

• Your claim data is yours. You retain all rights, title, and interest in the claim data you input or generate using the Software, subject only to the limited rights you grant us to operate the Software (such as transmitting data through our sync server to your other devices).
• Local-first storage. Claim data is primarily stored locally on your device.
• Sync server. If you enable multi-device sync, claim data is transmitted to and stored on our servers solely to keep your devices synchronized.
• Audio recordings. Audio recorded with the mobile recorder is uploaded to your own Google Drive; we do not retain audio after transcription.
• You are responsible for backups. Although we provide automatic local backups and (optionally) server-side sync, you remain responsible for maintaining independent backups of any data whose loss would be material to you.

10. Third-Party Services

The Software relies on third-party services including, without limitation, Google APIs (Gmail, Drive, Calendar, Contacts), Google Gemini, Bandwidth (SMS), Deepgram (transcription), and Symbility / XactAnalysis (claims import). We do not control those services, and we are not responsible for their availability, accuracy, security, or pricing. Your use of those services may be subject to their own terms.

11. Intellectual Property

All right, title, and interest in and to the Software (including source code, designs, models, prompts, documentation, and trademarks) are and shall remain our exclusive property and that of our licensors. No rights are granted to you except as expressly stated in Section 2.

Feedback, bug reports, and feature suggestions that you submit may be used by us without restriction or compensation.

12. Termination

These Terms remain in effect until terminated.

• By you. You may terminate at any time by uninstalling the Software and discontinuing use. Paid subscriptions cancel as provided in your subscription plan; previously paid fees are non-refundable.
• By us. We may suspend or terminate your access immediately and without refund if you breach these Terms, if continued service would expose us to legal risk, or if we discontinue the Software (with reasonable advance notice for the latter).
• Effect. Upon termination, your license ends and you must stop using the Software. You may export your local data before terminating. Provisions of these Terms that by their nature should survive (including Sections 9, 11, 13, 14, 15, 17, and 18) will survive.

13. Disclaimers

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY SMS, EMAIL, SYNC, AI OUTPUT, OR INTEGRATION WITH A THIRD-PARTY SERVICE WILL BE TIMELY, ACCURATE, OR SUCCESSFUL.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE AND ANY DECISIONS YOU MAKE BASED ON IT.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO US FOR THE SOFTWARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. Indemnification

You will defend, indemnify, and hold harmless us and our officers, employees, and contractors from and against any and all third-party claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Software;
• Your breach of these Terms;
• Your violation of any law or regulation, including TCPA, CAN-SPAM, or any insurance licensing requirement;
• Any content, communication, or data you transmit through the Software, including SMS and email; or
• Any claim that your use of the Software has infringed or misappropriated a third party's rights.

We may, at our option, assume exclusive control of the defense and settlement of any matter for which you are required to indemnify us; you agree to cooperate at your expense.

16. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice through the Software, by email, or by updating the "Last Updated" date at the top of these Terms. Continued use of the Software after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Software.

17. Governing Law; Disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before filing any claim, you agree to contact us at legal@adjusterphoto.com and attempt in good faith to resolve the dispute informally for at least sixty (60) days.

Binding arbitration. Except as provided below, any dispute that is not resolved informally will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration will take place in Northampton County, Pennsylvania (or remotely by agreement). Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and we each agree that any dispute will be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims of more than one person.

Exceptions. Either party may seek injunctive or equitable relief in a court of competent jurisdiction in Northampton County, Pennsylvania for actual or threatened infringement or misappropriation of intellectual property. Either party may bring an individual claim in small-claims court if eligible.

Time limit. Any claim arising out of or relating to these Terms or the Software must be brought within one (1) year after the claim accrues; otherwise, the claim is permanently barred.

18. General

• Entire Agreement. These Terms, together with the Privacy Policy and any subscription terms presented at purchase, constitute the entire agreement between you and us and supersede all prior agreements regarding the Software.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No Third-Party Beneficiaries. These Terms create no third-party beneficiary rights.
• Force Majeure. Neither party is liable for any failure or delay caused by events beyond reasonable control, including internet or cloud-provider outages, acts of government, natural disasters, or labor disputes.
• Notices. We may give notice through the Software, by email to the address associated with your account, or by posting on our website. You give notice to us at legal@adjusterphoto.com.

19. Contact

If you have questions about these Terms, contact us at:

DLV Construction LLC
Easton, Pennsylvania
Email: legal@adjusterphoto.com