Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Nexloss, a service operated by PostGrad LLC (“Nexloss”, “we”, “us”, or “our”), including the nexloss.com and app.nexloss.com websites, the Nexloss Inspect application, the mobile applications, the API, and any related services (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Acceptance of Terms

By clicking “I Agree”, creating an account, or otherwise accepting these Terms, you acknowledge that you have read and understood them and that they form a legally binding contract between you and Nexloss. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

2. Account and Eligibility

You must be at least eighteen (18) years old and capable of forming a binding contract to use the Service. You must provide accurate, complete, and current information when creating your account and keep it updated. You are responsible for safeguarding your credentials and API keys, and for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at security@nexloss.com of any unauthorized use or suspected compromise.

3. Acceptable Use

You agree not to use the Service to: (a) violate any applicable law or regulation, including insurance, licensing, and unfair-claims-practices laws; (b) infringe the intellectual property, privacy, or other rights of any third party; (c) upload, transmit, or distribute content that is unlawful, harmful, harassing, or defamatory; (d) submit information you know to be false or misleading in support of an insurance claim; (e) introduce viruses, malware, or other harmful code; (f) attempt to gain unauthorized access to the Service or its related systems; (g) interfere with or disrupt the integrity or performance of the Service; (h) reverse engineer, decompile, or disassemble any portion of the Service except as expressly permitted by applicable law that cannot be waived by contract; or (i) use the Service to build a product whose primary purpose is to replicate or substitute for the Service.

4. AI-Generated Output

The Service uses artificial intelligence to analyze photographs, transcribe audio, identify materials, suggest scope items and estimate line items, review documentation completeness, and draft report narrative (collectively, “AI Output”).

AI Output is a drafting aid, not a professional determination, and is provided without warranty of accuracy. Artificial intelligence can misidentify materials, miss damage that is present, report damage that is not present, and produce measurements, quantities or citations that are incorrect. You are solely responsible for independently verifying all AI Output before relying on it, submitting it to an insurer, providing it to a client, or using it in any proceeding. You remain the author of and responsible party for every document you produce using the Service.

You will not represent AI Output as the work of a licensed professional who did not review it. Where your professional or licensing obligations require independent judgment, inspection, or sign-off, those obligations are yours and are not satisfied by the Service.

5. No Professional Advice

Nexloss is software. Nexloss is not an insurance adjuster, insurance producer, appraiser, umpire, contractor, engineer, industrial hygienist, or law firm, and does not provide insurance, legal, engineering, or restoration advice. Nothing in the Service creates a professional or fiduciary relationship between you and Nexloss, and nothing in the Service should be relied upon as a substitute for the judgment of a qualified licensed professional. Reference material about industry standards, construction assemblies, or remediation practice is general information only; where a published standard or an adopted building code governs your work, that document controls and must be consulted directly.

6. Customer Data and Insured Information

The Service is designed for you to record information about property losses, including information about policyholders, claimants, and other individuals (“Insured Information”), together with photographs, measurements, audio recordings, and documents (collectively with your account content, “Customer Data”).

As between you and Nexloss, you are the controller of Customer Data and Nexloss is the processor. You represent that you have the authority and the lawful basis to collect Insured Information and to provide it to Nexloss for processing, and that you will provide any notices and obtain any consents required by applicable law, including where you record audio. Nexloss processes Customer Data only to provide and improve the Service, as described in the Privacy Policy, and does not sell Customer Data.

You retain ownership of Customer Data. You grant Nexloss a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, and process Customer Data solely to operate and provide the Service to you, including transmitting it to the sub-processors identified in the Privacy Policy. On termination you may export your Customer Data as described in Section 9.

7. Messaging and Telephony

The Service allows you to send SMS and email to your own contacts using telephone numbers and sending domains associated with your account. You are the sender of those messages. You are responsible for obtaining and documenting the consent required by applicable law (including the Telephone Consumer Protection Act and carrier A2P 10DLC program rules), for honoring opt-out requests, for the accuracy of your campaign registration, and for the content of your messages. Nexloss provides opt-out handling and suppression tooling, but compliance remains your obligation.

Separately, Nexloss may send you service messages about your own account, such as security alerts, verification codes, billing receipts, payment-failure notices, and quota warnings. Message frequency varies and message and data rates may apply. Reply STOP to opt out of Nexloss account SMS or HELP for assistance, or contact support@nexloss.com. Consent to receive account SMS is not a condition of purchase. Mobile carriers are not liable for delayed or undelivered messages.

8. Fees, Billing, and AI Usage

Subscription fees are billed in advance on a monthly basis and are non-refundable except as expressly stated in these Terms or as required by law. Plans include a monthly allowance of AI processing; usage beyond that allowance may be billed as metered overage at the rates disclosed at purchase. We may change pricing on thirty (30) days’ notice, effective at your next renewal. Taxes are your responsibility unless we are required to collect them. If payment fails, we may suspend the Service after providing notice and a reasonable opportunity to cure.

9. Termination and Export

We may suspend your access immediately and without prior notice for: (a) material breach of these Terms; (b) suspected illegal activity, including insurance fraud; (c) conduct that threatens the security, integrity, or availability of the Service; or (d) failure to pay fees when due.

We may terminate your account for convenience upon thirty (30) days’ written notice to the email address associated with your account, and will issue a pro-rata refund of any prepaid and unused fees. You may terminate at any time from the dashboard; no refund is owed for voluntary termination except as required by law.

Because claim records may be subject to your own retention obligations, you may export your Customer Data at any time while your account is active, and for thirty (30) days after termination. After that period we may delete Customer Data in the ordinary course, subject to the retention practices described in the Privacy Policy. Sections 4, 5, 6, 10, 11, 12, 13, and 14 survive termination.

10. Intellectual Property

The Service, including all software, designs, text, graphics, APIs, documentation, reference content, and trademarks, is owned by Nexloss or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights or licenses are granted, express or implied, by estoppel or otherwise. Feedback you provide about the Service may be used by Nexloss without restriction or obligation to you.

11. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. Nexloss does not warrant that the Service will be uninterrupted, error-free, or free of harmful components, that AI Output will be accurate or complete, or that any claim submitted using the Service will be paid, approved, or resolved on any particular terms.

12. Limitation of Liability

To the maximum extent permitted by law, in no event will Nexloss, its affiliates, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or claim proceeds, arising out of or related to your use of the Service. Nexloss total cumulative liability for all claims will not exceed the greater of (a) the amounts you paid to Nexloss in the twelve (12) months preceding the claim or (b) one hundred U.S. dollars.

The limitations in this section do not apply to: (i) your indemnification obligations under section 13; (ii) your breach of section 3 (acceptable use); (iii) either party’s liability for fraud, gross negligence, or willful misconduct; or (iv) liability that cannot be limited by applicable law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Nexloss and its affiliates from any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) Customer Data, including Insured Information; (c) your violation of these Terms; (d) messages you send through the Service; or (e) your violation of any third-party right or of any insurance, licensing, or consumer-protection law.

Your indemnification obligations are not subject to the liability cap in Section 12 and survive termination. Nexloss will promptly notify you of any claim for which it seeks indemnification and will reasonably cooperate in the defense. You will have sole control of the defense and settlement, provided that you may not settle in a manner that imposes obligations on Nexloss or admits liability on its behalf without Nexloss prior written consent.

14. Governing Law; Dispute Resolution

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

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, in Wilmington, Delaware. You and Nexloss agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any representative or class proceeding.

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm. If the class action waiver is found unenforceable as to a particular claim, that claim alone will be severed and may proceed in court, while the remainder proceeds in arbitration.

15. Changes to Terms

We may revise these Terms from time to time. The revised Terms will be identified by an updated version number at the top of this page. Non-material changes (formatting, clarifications, updated contact information) take effect on the date posted. Material changes (such as changes to dispute resolution, liability limitations, or license scope) will be communicated by email at least thirty (30) days before they take effect.

16. Force Majeure

Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, pandemics, government action, natural disaster, fire, flood, labor disputes, infrastructure failures, third-party service provider outages, cyberattacks, or internet disruptions, provided that the affected party promptly notifies the other and uses commercially reasonable efforts to resume performance.

17. Notices, Assignment, Entire Agreement

Legal notices to Nexloss must be sent in writing to legal@nexloss.com, with a copy to PostGrad LLC, Orlando, Orange County, Florida. Notices to you will be sent to the email address associated with your account and are deemed received on the business day after transmission.

You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section is void.

These Terms, together with the Nexloss Privacy Policy and any data processing addendum executed between the parties, constitute the entire agreement between you and Nexloss with respect to the Service and supersede all prior agreements, understandings, representations, and marketing materials. No waiver is effective unless in writing. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will continue in full force.

18. Contact

Questions about these Terms may be sent to legal@nexloss.com.