CLAIMDECK TERMS OF SERVICE AGREEMENT

LAST UPDATED: November 20, 2024

The following “Terms of Service Agreement” governs your use of the software and services provided by ClaimDeck, LLC ("ClaimDeck"). ClaimDeck maintains this Software, including related features, products, and services (collectively, the “Service” or “Services”). You (“Subscriber”) should read these Terms of Service (this “Agreement”) carefully before using the Service. Access to and use of the Service is subject to the terms and conditions set forth below, and your use of the Service signifies and constitutes your acceptance of this Agreement. If you do not agree to this Agreement, you should not use the Service. 

A. DEFINITIONS

  1. “Account” means any accounts or instances created by or on behalf of Subscriber or Authorized Users within the services.

  2. “Agreement” shall mean this entire Terms of Service Agreement and incorporates by reference the Privacy Policy and vice versa.

  3.  “Authorized User” shall mean an individual subscriber or the partners, members, employees, temporary employees, and independent contractors of an organization with a subscription to the Service who have been added to the account as users.

  4.  “Confidential Information” means all information disclosed by one party to the other party that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party from a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of this Agreement or another valid agreement between the parties; or (d) was or is independently developed by the receiving party without the use of the disclosing party’s Confidential Information.

  5.  “Content” “Information” “Service Data” shall mean any knowledge, statistics, evidence, testimony, finances, conclusions, photos, videos, messages, communications, or any other kind of data that Subscribers or Authorized Users upload or post to the Service and any information provided by Subscribers or Authorized Users to ClaimDeck in connection with the Service, including, without limitation, information about Subscriber or Authorized Users and their clients, subscribers, employees, policy members, relevant or opposing parties, third parties, or any other persons that User provides services to in their own practice or business. 

  6.  “Force Majeure Event” means any circumstances beyond our reasonable control, including, but not limited to, an act of God, an act of government, flood, fire, earthquake, civil unrest, cyber-attack, cyber threat, data hack or hack of any kind, an act of terror, strike or other labor problem, internet service provider failure or delay, non-ClaimDeck Services failure and delay, or acts undertaken by third parties, including without limitation, denial of service attack.

  7. “Personal Identifiable Information” “Personal Data” means any personally identifiable information (“PII”), such as a name, email address, mailing address, phone number, social security number, driver’s license number, employment records, medical records, financial records, and other similar information that the Users download, upload, and/or post onto the Service that is personal in nature, including any personal identifiable information of a User’s clients, subscribers, employees, policy members, relevant or opposing third parties, or any other persons necessary to use the Service.

  8. “Software” shall refer to programs, operations, websites, and the software-as-a-service provided by ClaimDeck for Users.

  9.   “Subscriber” “You” “Your” “User” “Users” shall refer to the purchaser of the Services provided by ClaimDeck and its parents, subsidiaries, and affiliates, and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney, end-users and any entity or person who had authority to act on your behalf or that you have authority to act on behalf of.

B. USE OF SERVICE

  1.  Use of this Service may be available through a compatible Internet browser or mobile device and may require network connections and software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes.

  2. Accurate records enable ClaimDeck to provide the Service to you. You must provide true, accurate, current, and complete information about your accounts and you may not misrepresent your registration information. For the Service to function effectively, you must also keep your registration information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

  3. You and any Authorized Users agree that they will not knowingly use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful or in violation of the terms of this Agreement.

  4.  Except for the non-exclusive license granted pursuant to this Agreement, you acknowledge and agree that all ownership, license, intellectual property, and other rights and interests in and to the Service shall remain solely with ClaimDeck.

  5. You and any Authorized Users agree that you will not:

    1. use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy, or monitor the Service or any portion of the Service, without ClaimDeck’s express written consent, which may be withheld in ClaimDeck’s sole discretion;

    2. use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers;

    3.  post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of ClaimDeck or the Service; or

    4. attempt to decipher, decompile, disassemble, or reverse-engineer any of the Software comprising or in any way making up a part of the Service.

  6.  In order to improve services and inform educational content, ClaimDeck conducts aggregated and anonymized reporting on system usage and trends. Service Data remains strictly confidential and private, and Information is not disclosed and is not identifiable. To preserve anonymity when collecting data and publishing trends, we have ensured that no Personal Identifiable Information is extracted or used.

  7. Notwithstanding the foregoing, Subscriber shall have all rights, title, and interest to its Content and may at any time without ClaimDeck’s consent download or extract its Content from the Service for Subscriber’s own business purposes.

C. NO LEGAL ADVICE INTENDED

  1.  The Service provides several different features, products, and services, to assist you in creating and maintaining records, information regarding claims, and litigation management. The Service is NOT intended to provide legal, tax, or financial advice. Information in the Software is provided for general informational and instructional purposes only and is not offered as legal advice upon which anyone should rely. Legal counsel relating to your individual and/or firm’s demands and circumstances is advisable before taking any action that has legal consequences.

  2. We offer, through our proprietary software as a service platform, a suite of online legal practice management hosted software services. The Service is designed and intended to be used by claims professionals, licensed attorneys, and legal professionals. Your use of the Service for any other purpose or in any other manner is at your own risk. ClaimDeck does not provide legal advice and is not engaged in the practice of law. Certain statements included in the Service are forward-looking calculations. These forward-looking calculations are based on certain assumptions and reflect our current expectations. As a result, forward-looking calculations are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations. There is no assurance that any forward-looking calculations will materialize. You are cautioned not to place undue reliance on forward-looking calculations, which reflect expectations only as of the date of this software. Forward-looking calculations are provided for general information and instructive purposes only and are not offered as legal advice upon which anyone should rely. Legal counsel relating to your individual and/or firm’s demands and circumstances is advisable before taking any action that has legal consequences.

D. ACCESS TO THE SERVICES

  1. ClaimDeck reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with prior notice. Continued use of the Service following any modification constitutes Subscriber’s acceptance of the modification.

  2. ClaimDeck shall confine planned operation suspensions with the intention of minimizing disruption to the Subscriber but reserves the ability to suspend operations temporarily, provided that (i) ClaimDeck notifies the Subscriber promptly of any such suspension and (ii) ClaimDeck reinstates access to operation of the Services as soon as reasonably practicable. In the event of a temporary suspension, ClaimDeck will provide Subscriber with prior notice by way of notification within the Service, email, or any other notification method deemed appropriate by ClaimDeck.

  3. ClaimDeck may suspend the Service immediately upon notice for cause if: (a) Subscriber or an end-user materially breaches (or ClaimDeck reasonably believes that Subscriber or end-user has materially breached) any provision of these terms; (b) your provision of Services is prohibited by applicable law or regulation; (c) there is any use of the Services by Subscriber or end-user that threatens the security, integrity, or availability of the Services; or (d) information in Subscriber’s account is untrue, inaccurate. 

  4. ClaimDeck will use commercially reasonable efforts under the circumstances to provide Subscriber with notice prior to any such suspension based on the circumstances leading to the suspension and to remove the suspension as quickly as reasonably practicable after the circumstances leading to the suspension have been resolved.

  5. If ClaimDeck suspends the Services pursuant to this section, we have no liability for any damages, liabilities, losses (including any loss of data or profits), or any other consequences that Subscriber, client, agent, or any third party may incur in connection with any such suspension.

  6. Additionally, neither party shall be liable for any damages, liabilities, losses (including any loss of data or profits), or any other consequences that the other party or any of its clients, agents, or any other third party may incur as a direct result of  Force Majeure Events. The party experiencing such Force Majeure Events will use commercially reasonable efforts to provide notice of any such event by way of notification within the Service, email, or any other notification method.

E. LAWFUL USE; USE BY MINORS

  1. Your access to and use of the Service is subject to all applicable international, federal, state, and local laws and regulations. You represent and warrant that you will not use the Service in any manner or for any purposes that are unlawful or prohibited by this Agreement.

  2. The Service is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Service, you represent and warrant that users are 18 years of age or older. If users are not at least 18 years of age, do not use, access, or register for the Service. ClaimDeck reserves the right to terminate your membership if ClaimDeck becomes aware users are under 18 years of age.

F. SECURITY AND ACCESS

  1. ClaimDeck is responsible for providing a secure method of authentication and accessing its Service. ClaimDeck will provide an authentication mechanism that:

    1.  allows for user password management,

    2.  transmits passwords in a secure format, and

    3.  protects passwords entered for the purposes of gaining access to the service by utilizing code that follows password management best practices.

  2. Users are responsible for safeguarding the password that used to access a User’s Account, and it is recommended that you choose a strong password, i.e., a password of sufficient length and complexity such that third parties will not readily guess your password. Subscriber agrees not to disclose your passwords to any third party and to take sole responsibility for any activities or actions under by Users in Users’ Account, whether or not you have authorized such activities or actions. 

  3.  User Account registration requires Users to submit to ClaimDeck certain information, such as your name, address, mobile phone number, and other information. Subscriber is solely responsible for the accuracy and adequacy of information provided to the service.

  4.  Subscriber agrees to implement their own policies and procedures to prevent unauthorized use of usernames and passwords and will PROMPTLY NOTIFY CLAIMDECK UPON ANY SUSPICION THAT A USERNAME AND PASSWORD HAS BEEN LOST, STOLEN, COMPROMISED, OR MISUSED.

  5. ClaimDeck shall be liable for any of Subscriber’s damages or loss of content resulting from any Security Breach (defined below) for which ClaimDeck is the proximate cause. SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OF CONTENT, AND OR DATA BREACH THAT IS PROXIMATELY CAUSED BY ANYONE OTHER THAN CLAIMDECK OR ITS EMPLOYEES, CONSULTANTS, OR AGENTS.

  6. At all times ClaimDeck will:

    1. Use information security best practices for transmitting and storing content, adhering to industry standards;

    2. Employ information security best practices with respect to network security techniques, including, but not limited to, firewalls, intrusion detection, authentication protocols, and vulnerability and patch management;

    3. Ensure its host facilities maintain industry standards for security and privacy; and

    4. If requested by Subscriber, provide Subscriber with a link or other way access to SOC2 or SOC3 reports that are provided to ClaimDeck by Amazon Web Services (“AWS”). Any SOC report not given to ClaimDeck by AWS will not be available to Subscriber.

  7. ClaimDeck shall report to Subscriber, with all relevant details (except those which could prejudice the security of data uploaded by other customers), any event that ClaimDeck reasonably believes represents unauthorized access to, disclosure of, use of, or damages to your Content (a “Security Breach”).

  8. In the event of a Security Breach, ClaimDeck shall:

    1. Identify, and, if necessary, cooperate with Subscriber to identify the cause of the breach and to identify any affected Content;

    2. Investigate, prevent, and, if necessary, cooperate with Subscriber in investigating and preventing the recurrence of the Security Breach;

    3. Cooperate with Subscriber in any litigation or investigation against third parties that Subscriber may undertake to protect the security and integrity of Content; and

    4. Use best efforts to mitigate any harmful effect of the Security Breach.

  9. In the event of a Security Breach, Subscriber shall:

    1.  Cooperate with ClaimDeck to identify the cause of the breach and to identify any affected Content;

    2.  Cooperate with ClaimDeck in investigating and preventing the recurrence of the Security Breach; and

    3. Cooperate with ClaimDeck in any litigation or investigation against third parties that ClaimDeck may undertake to protect the security and integrity of Content.

  10. ClaimDeck is aware that the User may place PII onto the Service. Should a Security Breach occur, the responsibility is on the User to inform those third parties or their representatives of the Security Breach to the extent that ClaimDeck is not proximately responsible for the Security Breach and does not have contact information to allow it to inform the third parties nor a contractual relationship with those third parties. 

G. FEES, PAYMENT, AND SUBSCRIPTION CHARGES

  1. ClaimDeck charges a flat fee per claim for the life of the claim (fee listed in the Sales Proposal). ClaimDeck will send the invoice for the new claim to Subscriber when that claim is added to ClaimDeck. Payment is due within 30 days of the invoice date.

  2. All subscription fees are exclusive of all federal, state, provincial, municipal, or other taxes which Subscribers agree to pay based on where the Subscriber is located. Invoices will include (a) subscription fees and (b) all applicable sales taxes, as amended from time to time, for the jurisdiction in which the Subscriber is located. In the event of updated tax rates, ClaimDeck will apply the new tax rate without notice to the Subscriber.

  3. ClaimDeck reserves the right to charge additional fees regarding additional services with the prior written approval of the Subscriber. These services include but are not limited to, data migration, APIs, feature customizations, data storage, feature additions, and consulting services.

  4. Upon notice to Subscriber, it is expressly agreed by both parties that ClaimDeck reserves the right to increase its fee in the first month of a given new term year; provided, however, that such increase shall not exceed 5 percent (5%).

  5. The amount charged on the next billing cycle will be automatically updated to reflect any agreed-upon changes to the subscription, including upgrades or downgrades and the addition or removal of discounts.

  6. Subscription changes made by the Subscriber, including downgrades, may result in loss of access to Service Data and features. Subscription changes may result in an increase or reduction in the amount of available capacity for Service Data provided by the Service. Subscriber should download any such data before moving forward with a downgrade to the Service. ClaimDeck will give Subscriber a 120-day notice before it decommissions a part of the Service that results in the loss of access to any Service Data. Upon request, ClaimDeck will provide Service Data to Subscriber.

  7. There are no charges for canceling a subscription.

H. CONFIDENTIALITY

  1. Each party agrees to treat all Confidential Information as confidential and not use or disclose such Confidential Information except as necessary to perform its obligations under this Agreement.

  2. ClaimDeck and any third-party vendors and hosting partners it utilizes to provide the Service shall hold Content in strict confidence and shall not use or disclose Content except:

    1.  as required to perform their obligations under this Agreement,

    2. in compliance with the law, or

    3. as otherwise authorized by you in writing.

  3. Each party may disclose Confidential Information to its third parties who need to know it for the purpose of exercising or performing their rights and obligations under this Agreement or for internal review and audit purposes. 

  4. Each party reserves the right to provide the Confidential Information to third parties as required and permitted by law (such as in response to a subpoena or court order) and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.

  5.  If either party is required by law to make any disclosure of the Confidential Information that is prohibited or otherwise constrained by this Agreement, then such party will provide the other party with prompt written notice (to the extent permitted by law) prior to such disclosure so that the other party may seek a protective order or other appropriate relief. Subject to the foregoing sentence, either party may furnish that portion (and only that portion) of the Confidential Information that it is legally compelled or otherwise legally required to disclose.

I.  LIMITATIONS OF LIABILITY

  1. ClaimDeck agrees to be liable for the violation of its obligations set out under Section H above (“Confidentiality”), Section F above (“Security and Access”), Section D above (“Access to the Service”), and except as provided in Section J below (“Indemnification”). ClaimDeck shall not be held liable for any additional obligations.

  2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEITHER PARTY’S  AGGREGATE LIABILITY TO THE OTHER PARTY, ANY AFFILIATE, OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR ANY CLAIM IN ANY WAY CONNECTED TO THE SERVICE OR PROFESSIONAL SERVICES, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE SERVICE PURSUANT TO THE AGREEMENT WITHIN THE TWELVE (12) -MONTH PERIOD BEFORE THE DATE THE CLAIM AROSE OR TWO HUNDRED AND FIFTY THOUSAND ($250,000) USD, WHICHEVER IS LESS. THESE DISCLAIMERS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHETHER THOSE DAMAGES ARE FORESEEABLE, AND WHETHER A PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF THOSE DAMAGES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION CHARGES AND CONSULTING FEES, WHICH WOULD BE SUBSTANTIALLY HIGHER IF CLAIMDECK WERE TO ASSUME FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THIS DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. 

  3. Subscriber will solely be responsible for any damage and/or loss of Content contained in Subscriber’s technology which occurs as a result of Subscriber’s electronic equipment and/or Subscriber’s computer system.

J. INDEMNIFICATION

  1. ClaimDeck will indemnify, defend and hold harmless Subscriber against any claim, action, proceeding, loss, liability judgment, obligation, penalty, damage, cost, or expense, including attorney's fees, provided that Subscriber will promptly notify ClaimDeck of the threat or notice of such claim, brought by a third party against Subscriber, which arises or relates to the following:

    1. The provision of the Service by ClaimDeck (not the use of the Service) in breach of this Agreement; or

    2. Allegations that the Service infringes or misappropriates a third party’s valid patent, copyright, trademark, or trade secret.

  2. ClaimDeck will undertake, at ClaimDeck’s own cost, the defense of any such claim, suit, or proceeding with counsel reasonably acceptable to ClaimDeck. Subscriber reserves the right to participate in the defense of the claim, demands, suits, or proceeding, at Subscriber’s expense, with counsel of Subscriber’s choosing (ClaimDeck shall not settle or compromise any claim that results in the liability or admission of any liability by Subscriber without prior written consent by Subscriber).

  3. Subscriber will indemnify, defend and hold harmless ClaimDeck against any claim, action, proceeding, loss, liability judgment, obligation, penalty, damage, cost, or expense, including attorney's fees, provided that ClaimDeck will promptly notify you of the threat or notice of such claim, brought by a third party against ClaimDeck, which arises or relates to the following:

    1. The use of the Services by Subscriber (not from or related to the Service itself), agents or end-users in breach of this Agreement; or

    2. Allegations that Subscriber’s use of the Subscriber’s Service Data infringes or misappropriates a third party’s valid patent, copyright, trademark, or trade secret.

  4. Subscriber will undertake, at Subscriber’s own cost, the defense of any such claim, suit, or proceeding with counsel reasonably acceptable to ClaimDeck. ClaimDeck reserves the right to participate in the defense of the claim, demands, suits, or proceeding, at ClaimDeck’s expense, with counsel of ClaimDeck’s choosing (Subscriber shall not settle or compromise any claim that results in the liability or admission of any liability by ClaimDeck without prior written consent by ClaimDeck).

K. WARRANTY AND DISCLAIMER OF CERTAIN WARRANTIES

  1. ClaimDeck represents, warrants, and covenants that (i) the Services will be provided with promptness, due care, skill, and diligence and in a professional and workmanlike manner consistent with industry standards, (ii) ClaimDeck and those assisting in its service delivery possesses suitable training, education, experience, know-how, competence, and skill to perform the Services consistent with industry standards, and (iii) ClaimDeck, has, or will have at the relevant time, the resources, capacity, expertise, and ability to provide the Services consistent with industry standards. ClaimDeck further represents, warrants and covenants that the Services and any other work performed by ClaimDeck hereunder shall not infringe upon any valid United States or foreign copyright, patent, trade secret, or other proprietary right, or misappropriate any trade secret, of any third party.

  2. WITHOUT LIMITING A PARTY’S OBLIGATIONS UNDER THESE TERMS, THE SERVICES ARE PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS, AND CLAIMDECK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO ANY SERVICES PROVIDED BY CLAIMDECK. WE ADDITIONALLY DISCLAIM ALL WARRANTIES RELATED TO THIRD-PARTY PROVIDERS.

  3. ClaimDeck makes no warranty that its services, when provided to Subscriber in either digital or electronic format, will be compatible with Subscriber’s computer and/or other equipment, or that these Services will be secure or error-free. ClaimDeck does not make any warranty as to any results that may be obtained from the use of the service. Nothing in this section shall modify ClaimDeck’s obligations under the Confidentiality section or Access to Services section of this Agreement.

  4.  ClaimDeck hereby disclaims all warranties of any kind related to Subscriber’s hardware or software beyond the warranties provided by the manufacturer of Subscriber’s hardware or software.

  5.  IF YOU ARE DISSATISFIED WITH THE SERVICES OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.

L. MEDIATION

  1. In the event that any dispute or claim arises out of or relating to the use of the Service or this Agreement, the Subscriber and ClaimDeck will attempt in good faith to negotiate a written resolution of the matter directly between the parties. However, if the matter remains unresolved for sixty (60) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Dallas, Texas with a mutually agreed mediator in an attempt to resolve the dispute. Should Subscriber file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then Subscriber will not be entitled to recover attorneys’ fees, even if they otherwise would be entitled to them, except in the case of the  party facing the possibility of irreparable injury and seeking injunctive relief.

M. CHOICE OF LAW AND VENUE

  1. If mediation, as set out above, is unsuccessful, this Agreement shall be governed and construed in all respects in accordance with the laws of the State of Texas.  Likewise, if mediation, as set out above, is unsuccessful, the exclusive agreed upon venue shall be Dallas, Texas.

N. ASSIGNABILITY

  1. ClaimDeck may assign this Agreement and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of ClaimDeck or the sale of substantially all of ClaimDeck’s assets related to the services being provided to Subscriber, to the surviving or successor entity with notice to Subscriber. 

  2. Subscriber may assign this Agreement and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of Subscriber or the sale of substantially all of Subscriber’s assets related to the services being provided, to the surviving or successor entity with notice to ClaimDeck.

O. TERMINATION

  1.  The term of this Agreement shall commence upon Subscriber’s first use of the Service, and shall continue:

    1. while Subscriber or any other persons are given access to the Service, and

    2.  until ClaimDeck ceases to operate the Service or suspends the Service to Subscriber.

  2. Either party may terminate or suspend the Service at any time with sixty (60) days notice to the other party. 

  3. ClaimDeck shall make all User Content and Subscriber data available to Subscriber for download, transfer, or extraction for at least sixty (60) days after termination, cancellation, or suspension of this Agreement for any reason, and ClaimDeck shall reasonably cooperate with Subscriber during this process.

P. PRIVACY & DATA PROTECTION

  1. The ClaimDeck Privacy Policy outlines the collection, use, storage, and disclosure of user information. It emphasizes data security through industry-standard measures and ensures data retention only for necessary durations. The policy grants users the right to access, modify, or delete their personal data and highlights the responsible handling of international data transfers to maintain user privacy.

Q. MISCELLANEOUS

  1.  Subscriber acknowledges and agrees that ClaimDeck may use third-party vendors and hosting partners to provide necessary hardware, software, networking, and related technology required to run the Service.

  2. ClaimDeck may provide the ability to integrate the Service with third-party products and services that Subscriber may use at Subscriber’s option and risk. Access to and use of any third-party products and services are subject to the separate terms and conditions required by the providers of the third-party products and services. Subscriber agrees that ClaimDeck has no liability arising from Subscriber’s use of any integrations or arising from the third-party products and services. ClaimDeck can modify or cancel the integrations at any time without notice.

  3. Subscriber acknowledges the risk that information and the Content stored and transmitted electronically through the Service may be intercepted by third parties. Subscriber agrees to accept that risk and will not hold ClaimDeck liable for any loss, damage, or injury resulting from the interception of information. 

  4. The failure of either party to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

  5. Each of these provisions is severable from and independent of all other provisions of this Agreement.