Skip to content
AdjusterHQ

Terms of Service

Last updated and effective:

These Terms of Service (“Terms”) are an agreement between you and The Fifth Division Inc. (“we”, “us”), the owner and operator of AdjusterHQ. Please read them carefully.

1. Accepting these Terms

These Terms govern your use of this website, the AdjusterHQ web application at app.adjusterhq.com, our mobile features and related services (together, the “Service”). By creating an account, accepting an invitation, or using the Service, you agree to these Terms. If you use the Service on behalf of a company or other organization (a “Customer”), you confirm that you have authority to bind it, and “you” includes that organization. If a Customer has signed a separate written agreement with us, that agreement controls where it conflicts with these Terms.

2. The Service

AdjusterHQ is a business tool for insurance adjusting firms to manage claims. It is intended for use by businesses and their authorized users who are at least 18 years old. We may change, add or remove features from time to time. If we remove a feature that is material to paying Customers, we will give reasonable notice.

3. Accounts and security

  • You must give accurate information when you create an account and keep it up to date.
  • Keep your password confidential and do not share your account. You are responsible for activity under your account.
  • Tell us promptly at support@adjusterhq.com if you believe your account has been accessed without authorization.
  • A Customer’s administrators control which users and guests can access its data, and may add or remove them.

4. Customer Data

“Customer Data” means the information, files and content that a Customer and its users put into the Service, including claim information. As between you and us, the Customer owns its Customer Data. You grant us permission to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service, to follow your instructions, and to comply with law. Our Privacy Policy explains how we handle information.

You are responsible for Customer Data and confirm that:

  • you have the rights, permissions and any notices or consents required by law to put it into the Service and to have us process it; and
  • your use of the Service complies with the laws and regulations that apply to you, including insurance, privacy, data security, and telephone and text-messaging laws.

5. AI-assisted features

Some features use artificial intelligence to suggest drafts, labels, summaries, extracted data or answers. AI output can be incomplete or wrong. You are responsible for reviewing AI output before you rely on it or send it to anyone. AI output is not legal, insurance, coverage or professional advice, and it does not replace an adjuster’s judgment.

6. Email and text messages sent through the Service

When you use the Service to send emails, you are responsible for their content and for having any consent the law requires. Claim text messages are sent by AdjusterHQ only through the AdjusterHQ claim text messages program and in line with our SMS Terms. You are responsible for the information you give us for those texts, and for making sure your users read the consent statement and record consent accurately. The Service may not be used to send marketing or promotional texts.

7. Acceptable use

You must not, and must not allow anyone else to:

  • use the Service for anything unlawful, fraudulent or deceptive;
  • upload malware, or content you do not have the right to share;
  • try to access accounts or data that are not yours, or to bypass security or usage limits;
  • interfere with or overload the Service, or scrape it with automated tools outside any API we make available to you;
  • reverse engineer the Service, except where the law allows it despite this restriction; or
  • resell or provide the Service to third parties, except as we agree in writing.

8. Fees

If your plan is paid, the fees, billing period and payment terms are those shown when you subscribe or in your order with us. Unless stated otherwise, fees are non-refundable and exclude taxes, which you are responsible for.

9. Third-party services

The Service relies on third-party providers (listed in our Privacy Policy) and may link to services we do not control. We are not responsible for third-party services that you choose to use.

10. Our intellectual property and feedback

We own the Service, including its software, design and the AdjusterHQ name and logo. These Terms give you a limited, non-exclusive, non-transferable right to use the Service while your account is active. If you send us suggestions or feedback, we may use them without any obligation to you.

11. Suspension and termination

You may stop using the Service at any time. We may suspend or end access to the Service if you materially breach these Terms, if your use creates a security or legal risk, or if required by law. Where reasonable, we will give notice first. After termination, we may delete Customer Data as described in our Privacy Policy, so contact us before your account ends if you need a copy. Sections that by their nature should survive termination will survive.

12. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT MESSAGES WILL BE DELIVERED.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US$100 IF YOU HAVE NOT PAID US. These limits do not apply where the law does not allow them.

14. Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Data, your messages, or your breach of these Terms or of applicable law, and pay resulting losses and reasonable costs, including attorneys’ fees.

15. Governing law and disputes

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Tennessee, and both parties consent to the jurisdiction of those courts.

16. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page and change the “Last updated” date. If a change is material, we will notify Customers by email or in the Service before it takes effect. Continuing to use the Service after the change takes effect means you accept it.

17. General

These Terms, together with the Privacy Policy, the SMS Terms and any written agreement with us, are the entire agreement about the Service. If any part is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.

18. SMS program

The AdjusterHQ claim text messages program is governed by our SMS Terms, which, for Customers, form part of these Terms. In summary: message frequency varies; message and data rates may apply; reply STOP to opt out of all AdjusterHQ texts, or HELP for help; carriers are not liable for delayed or undelivered messages.

19. Contact

The Fifth Division Inc.
Bowling Green, Kentucky
Email: support@adjusterhq.com