Terms of Service

Welcome to Claimable, Inc., a company incorporated in the State of Delaware ("Claimable", “we”, “us” or “our”).

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The following terms and conditions (these “Terms”) apply to each end-user (“you”, and “your”) and your use of our software-as-a-service solution (“Platform”) and our services whether offered through our website, a mobile application (“App”), in-person, via video, audio or text messaging (all of the foregoing collectively, our “Service”), and to all content, and functionality offered as part of our Service, whether used by you as a guest or a registered end-user. 

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THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND CLAIMABLE AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION.

YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SERVICE INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS).

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Our Service may allow you to post content on or interact with platforms and products provided by other parties. Your use of such third-party platforms shall be subject to separate agreement between you and each such third-party. Nothing contained in such third-party agreements shall override these Terms.

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1. Acceptance of the Terms of Service
   
   You agree to accept these Terms by (a) either using our Service, or (b) by opening an account under a username (“Account”). BEFORE YOU DO EITHER OF THOSE, PLEASE READ THESE TERMS CAREFULLY.  By using our Service, you accept and agree to be bound and abide by these terms. If you do not want to agree to these Terms, you must not use our Service or set up an Account.  
   
   You also agree to abide by other Claimable rules and policies, including our Privacy Policy (which explains what information we collect from you and how we protect it) that are expressly incorporated into and are a part of these Terms. Please read them carefully.
   
   Once these Terms begin to apply to you, you are bound by them until they no longer apply (see Section 16 (Termination and Cancellation)).
    

2. Changes to the Terms of Service
   We may update these Terms from time to time. Please check this page regularly to note changes to our Terms. We may send you links to inform you of the changes we make.  Your continued use of our Service following our website updates (whether on your future logins or otherwise) or emails to you in respect of the revised Terms shall be deemed acceptance of the changes to the Terms. 
    

3. Accessing our Service and Account Security
   To access certain part of the Platform and to obtain our Service, you will be asked to provide registration details, including your name and email, and other information to create an Account. You promise that all the information you provide in Account set-up will be correct, current, and complete. Please treat your log-in information (other than username) as confidential as you are responsible for all transactions conducted and communication transmitted while your log-in credentials are being utilized. You may only access our Service through your own account. Users do not own their Accounts. Sharing of Accounts is a breach of these Terms and otherwise transferring of Accounts, credentials, or anything contained within your profile (e.g. records, prescriptions, and other test/orders) is prohibited (see Section  16 (Termination and Cancellation) to understand impact of suspension or termination of your Account and your privileges).
   
   ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH OUR SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY PART OF OUR SERVICE , OR ANOTHER END-USER ACCOUNT, IS A VIOLATION OF OUR POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.
    

4. Service - What We Provide 
   Our Service supports your filing of appeals for rejected insurance claims (“Appeals”). We accomplish this by utilizing our artificial intelligence driven software solution, and by ensuring we have accurately captured the facts in respect of your claim (e.g. by conducting interview with you, the claimant). We will submit the appeal via mail on your behalf in accordance with the required formalities.  
   
   We grant you, during the Term (as defined), a revocable, non-exclusive, non-transferable or sublicensable right to use our Service through any method by which you access the Internet.  Your use of our Service is conditional on compliance with these Terms - please pay special attention to Section 6 (Intellectual Property Rights), Section 13 (Disclaimer), and the restrictions under Section 8 (Restrictions and Claimable Responses) below.
   
   You may be able to post comments on our Platform. All comments shall be subject to the terms under Section 6 (Intellectual Property Rights) below. 
   
   You understand our Service is meant for adults, and you must be of legal age in your jurisdiction to open an Account. We retain the right, solely at our discretion, to decline your use of our Service, and suspend or terminate your Account. 
   
   We may interact with you in accordance with applicable laws and the features available through our Service. For instance, we may request your consent for push notifications from our Platform including receipt of marketing material, and messages from us, our licensors and certain third parties which you have given us permission to share your information with (e.g. insurers). You have the right to change what you receive by modifying the settings in our Service.
   
   As per our disclaimers set out under Section 13 of these Terms, we provide our Service “As Is”.  You may be offered different versions (e.g. beta or final) of certain features of the Platform as part of our Service. You may have different functionality offered to you in different versions. You use each version at your own discretion and risk.
   
   Third parties’ software and solutions may be integrated into our Service (“Third-Party Providers”), including for any payment processing and your uploads of certain sensitive health data on our Platform. You will be subject to such Third-Party Providers’ terms of service, including in respect of the storage of your personal information, including those relating to your credit card. Claimable does not record any credit card information.
    

5. Fees and Payment 
   
   There is no fee to open your Account.  Fees for submission of your appeals may be waived at our discretion during promotions offered by us or any instances where we offer Service to end-users for evaluative purposes.  If the foregoing does not apply, you may be subject to certain fees for our submission of an Appeal, as set out in our Service.
   
   Except if required by law, in instances where you have made a payment to us for submission of an Appeal, we do not provide refunds if you decide to not continue with the Appeal or if your Appeal is not successful. 
    

6. ‍Intellectual Property Rights  
   
   Claimable Rights. Our Service utilizes and contains software, algorithms and content provided by us as well as our licensors (our “Intellectual Property”) that may be subject to copyrights, patents, trademarks, moral rights, and other intellectual property rights relating thereto in all countries (“Intellectual Property Rights”).
   
   Claimable and its licensors retain all rights, titles, and interests, including Intellectual Property Right, in our and their Intellectual Property respectively.
   
   You Grant Claimable. In addition to rights granted under Section 7 and elsewhere in these Terms, you hereby (i) agree that any Appeal related information, as well as any decisions by an insurance provider in respect of an Appeal (“Claim Data”), once submitted or uploaded by you to us through our Platform, or as provided by you through any other means, may be used by Claimable and our licensors, directly or with assistance from a third-party, for a variety of purposes, including to submit Appeals, to improve our Service, and when aggregated and anonymized, any other purpose in any form, format, or media that we choose (“Our Use”), all of the foregoing in compliance with the applicable privacy policy, and (ii) grant us and our licensors a a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license and right to use the Claim Data for Our Use. 
   
   Representation and Warranty. You represent and warrant that: (a) all Claim Data is accurate and not altered or misrepresented; (b) you are duly authorized to grant us and our licensors rights in the Claim Data for Our Use; (c) Our Use of any of the Claim Data is not in violation of any agreement or understanding you have entered into with another party; and (d) your use of our Service does not violate these Terms or the rights, Intellectual Property Rights or otherwise, of any third-party and will not cause injury to any person or entity. 
    

7.  Feedback
   
   If you provide Claimable with any Feedback (as defined below), you hereby grant Claimable a non-exclusive, fully paid, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable, and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit any and all Feedback for Our Use and for any purpose, for all current and future methods and forms of exploitation. “Feedback” means suggestions, comments, ideas, and all other types of information, including software and code, that you provide, publish, or otherwise communicate directly or indirectly (including your employees, agents, contractors, or representatives) to Claimable or its agents that relates to our Service. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert any such rights. You understand and agree that we are not required to make any use of any Feedback that you provide. You agree that if we make use of your Feedback, we are not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to us to grant us and other affected parties the rights described above. This includes but is not limited to Intellectual Property Rights and other proprietary or personal rights.
    

8. Restrictions and Claimable Responses
   
   You agree that in respect of our Service, including our Platform and website and any App, you will not (a) bypass, undermine or interfere with security measures of our Service or with features that limit or restrict the copying or usage of any proprietary; (b) introduce, share, or send any unrequested or unauthorized promotions, advertisements, spam, chain mails, or any solicitation forms; (c)  manipulate any TCP/IP packet details or any header information in any communication or misuse our Service to share false or misleading source-identifying information; (d) share or distribute through our Service any content, including in Claims Data, that is unlawful, misleading, obscene, incites illegal activity, harmful, threatening, harassing, defamatory, libelous, crude, violent, hateful or that comprises symbols or objects of hatred, invades another's privacy, contains explicit (e.g. nudity, pornography) content, promotes hate speech, or is deemed objectionable by a reasonable standard; (e) distribute or send through our Service any malicious software or any code, files, or programs meant to interrupt or damage computer software, or disrupt any user's access to our Service or any network operations; (f) use unsanctioned methods to alter or redirect, or attempt to change or redirect, any aspect of our Service; (g) actually do or try to disrupt or hinder any of our Service's web pages or App’s screens, connected servers or networks, or the technical systems of Claimable's service providers; (h) try to detect, scan, or test any vulnerabilities of our Service or any Claimable system or network, or breach or override any security or authentication protections for our Service; (i) decipher, decode, disassemble or reverse engineer any software powering our Service or attempt such actions; (j) gather or store personal data about other users without their clear consent; (k) pretend to be someone else or falsely represent your association with any entity, deceive or engage in harmful activities; (l) access our Service in ways that are not authorized by these Terms; (m) frame, mirror, or otherwise incorporate any part of the App, Platform or website into another website, app, or service without our prior written consent; (n) endanger or attempt to endanger minors; (o) harass or attempt to harass others; (p) misuse our Service in ways that could harm us, our partners, or any of our associates or customers; (q) use robots, scripts, or manual methods to copy or "scrape"  material on our Platform, a website or App without Claimable's explicit permission;  (r) mimic our Service's features or produce effects similar to our Service's effects, create competing products or technologies; or (s) attempt to circumvent any payment or other pay wall in respect of any benefit for which an Account holder may be required to pay.  
   
   Violation of any of the foregoing could expose you to liability, and in some cases criminal charges and civil suit. We reserve the right to terminate your Account immediately if your violation of any of the foregoing is non-trivial or in our discretion, harmful to the public, us, any other Account holder, or our licensors. 
    

9. Representations
   
   In addition to the representation about your age and in respect of Claims Data above in these Terms, you represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States. Finally, you represent that your access and use of any of our Service will fully comply with all applicable laws and regulations, and that you will not access or use our Service to conduct, promote, or otherwise facilitate any illegal activity.
    

10. Links
    
    You may link to publicly available portions of our Service if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. As per our restrictions, our Service must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.
    
    If our Service contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
     

11. Indemnification
    
    This section only applies to the extent permitted by applicable law. You agree to defend, indemnify, and hold harmless Claimable, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from (a) any claim that, if true, would constitute a breach by you of these Terms or negligence by you, (b) any act by you in using our Service, or (c) any claim of infringement or violation of any third-party intellectual property rights arising from use of  any item you submit to us, including Claims Data and Feedback. You hereby agree to reimburse Claimable on demand for any defense costs incurred by Claimable and any payments made, or loss suffered by Claimable, whether in a court judgment or settlement, based on any matter covered by this indemnification obligation. 
     

12. Limitation of Liability
    
    Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties, or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
    
    To the full extent permissible by law, Claimable will not be liable for any loss of profits or any indirect, incidental, punitive, special, or consequential damages arising out of or in connection with this these Terms. Further, to the full extent permissible by law, Claimable’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to Claimable directly under these Terms during the twelve (12) months immediately preceding the events giving rise to such liability, and in the absence of any payment by you to Claimable, $100. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
     

13. Disclaimer 
    
    OUR SERVICE AND ALL INFORMATION, CONTENT AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICE ARE PROVIDED BY CLAIMABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLAIMABLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICE. 
    
    CLAIMABLE DOES NOT MAKE ANY PROMISES THAT ANY APPEAL FILED ON YOUR BEHALF WILL RESULT IN ANY POSITIVE OUTCOME FOR YOU.  
    
    TO THE FULL EXTENT PERMISSIBLE BY LAW, CLAIMABLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLAIMABLE DOES NOT WARRANT THAT OUR SERVICE, INFORMATION, CONTENT, MATERIALS, PLATFORM OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICE, CLAIMABLE'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM CLAIMABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 
     

14. Governing Law and Jurisdiction
    
    Any dispute or claim by you arising out of or related to these Terms shall be governed by the laws of the State of California, without regard to its principles governing conflict of laws.  For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you and Claimable agree to submit to the exclusive jurisdiction of the courts in the city and county of San Francisco, and you irrevocably submit to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any objection to venue, including but not limited to any claim that such forum is inconvenient as well as any right to a jury trial.
     

15. Arbitration and No Class Action 
    
    Except for our ability to seek an injunction against you in any court to prevent any imminent harm against Claimable or its users, any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, shall be settled by binding arbitration subject to the U.S. Federal Arbitration Act (“FAA”), federal arbitration law and in accordance with the rules of the American Arbitration Association. The arbitrator’s decision is final, except for a limited review by courts under the FAA, and can be enforced like any other court order or judgment.
    
    Individual Arbitration. The arbitration shall be conducted on an individual basis, and not as a class, consolidated, or representative action. The arbitrator(s) shall have no authority to proceed with arbitration on a class or representative basis. Any relief awarded by the arbitrator(s) shall be individualized to the claimant and shall not affect any other party. 
    
    No Class Action. To the fullest extent permitted by applicable law, no arbitration or claim under these Terms shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of our Service, and no class arbitration proceedings shall be permitted. You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
    
    Arbitrator Authority. The arbitrator(s) shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement, including any contention that all or any part of this arbitration agreement is void or voidable. 
    
    Severability. If any provision of this arbitration clause is found to be unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
    
    Execution. This arbitration and no class action clause shall be effective upon acceptance by you of these Terms and shall survive the termination or expiration of these Terms.
     

16. Termination and Cancellation 
    
    Without limiting any other remedies, we may refuse your access to our Platform  or may limit, suspend, modify, delete, or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of these Terms, or of the terms of our service providers as determined by us in our  sole discretion. You may lose your username, password and all  information, and files associated with your Account, as a result of Account termination, without responsibility on the part of Claimable for any damage that may result from the foregoing, and Claimable is under no obligation to compensate you for any such losses or results. is not obligated to retain or forward any information related to your Account.
    
    If you cancel or delete your Account, your Claim Data, to the extent stored on our Platform, may be deleted and not be retrievable. 
    
    Any termination of your Account will not negate your obligations under these Terms. Sections 6, 7, 9, 11-19 shall continue to apply after your Account is terminated and or these Terms cease to apply to you for any reason.
     

17. Waiver
    
    No waiver of these Terms by Claimable shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Claimable to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
     

18. Miscellaneous
    
    These Terms and any document or information referred to in these Terms constitute the entire agreement between you and Claimable relating to the subject matter covered by these Terms. All other communications, proposals, and representations with respect to the subject matter covered by these Terms are excluded. As these Terms are personal to you, you may not assign these Terms or transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no right to enforce any terms herein. 
    
    The original of these Terms is in English. You waive any right you may have under the law of your country to have these Terms written or construed in the language of any other country.
    
    These Terms describe certain legal rights. You may have other rights under the laws of your jurisdiction. These Terms do not change your rights under the laws of your jurisdiction if the laws of your jurisdiction do not permit it to do so. Limitations and exclusions of warranties and remedies in these Terms may not apply to you because your jurisdiction may not allow them in your circumstance. If certain provisions of these Terms are held by a court or tribunal of competent jurisdiction to be unenforceable, those provisions shall be enforced only to the furthest extent possible under applicable law and the remaining terms herein shall continue to apply.
     

19. Third-Party Terms
    The following third-party terms shall apply, as appropriate under the circumstances.
    
    Apple iOS Users. The following additional terms and conditions apply with respect to our App that comprises our Service and is available for use on any Apple, Inc. (“Apple”) iPhone or iPad devices that you own or control:

• You acknowledge that your agreement is not with Apple. Claimable, not Apple, is solely responsible for the software and the content thereof.

• Your use of our Service shall be subject to the terms of these Terms and as permitted by the Usage Rules set forth in the App Store Terms and Conditions as of the date you download or first use the software (which you acknowledge you have had the opportunity to review).

• You agree that Apple has no maintenance or support obligations with respect to our Service.

• You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to our Service. If you are legally entitled to a warranty in your country or other jurisdiction, then in the event of any failure of our Service to conform to such required warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid by you to Apple for our Service. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to such required warranty will be Claimable’s sole responsibility. However, you understand and agree that in accordance with these Terms, Claimable has disclaimed all warranties of any kind with respect to our Service, and therefore, there are no warranties applicable to our Service, except those required by law.

• As between Apple and Claimable, Claimable, not Apple, is responsible for addressing your or any third-party’s claims relating to our Service or your possession and/or use of our Service, including, but not limited to: (i) product liability claims; (ii) any claim that our Service fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the software or Services or your possession and use of our Service infringes that third-party’s intellectual property rights, Claimable, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim (if and to the extent required under these Terms).

 

 

You agree that these Terms do not confer any rights or remedies on any person other than the parties to these Terms, except as expressly stated. Notwithstanding the foregoing, Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

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Any end-user questions, complaints or claims with respect to our Service should be directed to support@getclaimable.com.