Terms of Service

1. Who we are and what this agreement covers

LossHQ is operated by JCA Operations, LLC, a Texas limited liability company (“LossHQ,” “we,” “us”). These Terms are an agreement between us and you, the professional or business that creates a LossHQ account (“you”). If you accept them for a firm, you confirm you have authority to bind that firm. By creating an account or using the service, you agree to these Terms, our Privacy Policy, and our Data Processing Addendum, which is part of these Terms.

2. What LossHQ is, and is not

LossHQ is practice software for insurance appraisers and umpires. It organizes case files, deadlines, documents, credentials, correspondence, time and expenses, invoices, and signatures, and it publishes the professional profile you choose to publish.

• Not a law firm. LossHQ does not give legal advice. Generated documents are working drafts built from the facts you enter; you and, where appropriate, your counsel decide what they say and whether to use them.
• Not a party to any appraisal. The appraising, the judgments, the award, and the signatures are yours. LossHQ is not an appraiser, umpire, adjuster, or representative of any insured or insurer.
• Not a source of opinions about people. LossHQ provides no feature that generates or displays ratings, rankings, characterizations, or outcome statistics about any appraiser, umpire, adjuster, or other person.
• Your professional duties stay yours. You remain responsible for complying with your policy’s appraisal clause, applicable law, your certifying body’s standards, and any duty of impartiality you owe.

3. Your account

You must be at least 18 and use LossHQ for professional or business purposes. Give accurate information and keep it current. Each person needs their own login; do not share credentials. You are responsible for activity under your account. Tell us promptly at support@losshq.com if you believe your account has been compromised.

4. Plans, trials, and billing

• Subscriptions. Paid plans are billed in advance, monthly or yearly, at the price shown when you subscribe. Payments are processed by Stripe; we do not store card numbers.
• Free trial. New subscriptions may start with a free trial. If no payment method is on file when the trial ends, the trial subscription ends and dashboard access stops until you subscribe. We keep your records, and the export and deletion terms in section 11 apply as if your account had closed.
• Renewal. Subscriptions renew automatically at the end of each period until you cancel.
• Cancel anytime. You can cancel at any time. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• No refunds. Fees already paid are not refundable, including for partial periods or unused features, except as stated in the Data Processing Addendum or where the law requires otherwise.
• Price changes. We will give you at least 30 days’ notice by email before a price change takes effect at your next renewal.
• Taxes and failed payments. Prices exclude any taxes that apply. If a payment fails, we may pause paid features until it is resolved.
• Early-access and in-development features. Features marked early access, beta, or in development are provided as is, may change or end, and are not covered by any service commitment.

5. Your data and our role

All case records, correspondence, documents, and other content that you or your correspondents submit to LossHQ (“Customer Data”) remain yours. We claim no ownership of Customer Data. You give us permission to host, copy, process, transmit, and display Customer Data only as needed to provide, secure, and support the service for you, and we keep it confidential. As between you and us, you control Customer Data and we process it on your behalf, under the Data Processing Addendum.

Your records will contain information about other people, such as policyholders, adjusters, other appraisers, umpires, and their representatives. You are responsible for having a lawful basis to collect and store that information, for its accuracy, and for your own record-keeping and retention obligations.

6. Connected mailboxes and case email

If you connect a mailbox, you confirm you are authorized to give LossHQ access to it. LossHQ reads messages in the folder you designate to identify and file case correspondence, and stores the credentials encrypted. Use a dedicated folder or label where you can, so unrelated personal mail is not read. You can disconnect at any time. Email sent from a case is sent on your instruction; you are responsible for its content and recipients.

7. Electronic signatures

LossHQ lets you send documents to others for electronic signature. When you do:

• LossHQ provides the signing tool and keeps a record of the signing (who signed, when, and from which email address and IP address). It is not a party to the document.
• You are responsible for choosing the right signers, confirming their identity and authority, and making sure the document is final and appropriate to sign electronically.
• Signers are shown the Electronic Signature Disclosure and Consent on the document’s signature page. If a signer asks for a paper copy or to sign on paper, you are responsible for providing that option. If a signer is a consumer (for example, a policyholder signing personally), you are responsible for any additional consumer consent the law requires.
• Whether an electronically signed document is valid and enforceable for a given purpose and state is a legal question for you and your counsel. LossHQ does not guarantee it.

8. Your public profile, the directory, and the public API

If you publish a profile, you give us a non-exclusive, royalty-free license to display, format, and distribute it, including your name, photo, credentials, and service area, on LossHQ, in the public directory, in search engines, and through our public API and AI-agent interface, for as long as it is published. You are responsible for its accuracy and for having the right to use any photo or logo you upload. You can edit your profile at any time, and we will take it down within five business days of your request to support@losshq.com. Copies already indexed by search engines or other third parties may take time to disappear and are outside our control.

Anyone may use the public directory, API, and AI-agent interface to find and contact professionals. Bulk copying, resale, or building a competing database from directory data is not permitted, and we may rate-limit or block automated access that abuses the service.

9. AI features

Where LossHQ offers AI-assisted features, they work from your own case facts, and anything they produce is a proposal for your review. Nothing is sent, signed, or filed without your action. We use only AI providers that contractually do not train on your data, and we list them on our Subprocessors page at least 30 days before any of your data is sent to them. You are responsible for reviewing AI output before you rely on it.

10. Records and legal requests

Case communications sent or received through LossHQ are kept as part of the case record, with who they went to and when. If we receive a subpoena, court order, or other legal demand for your Customer Data:

• we will notify you promptly and before producing anything, unless the law forbids it or there is a risk of serious harm;
• you will have a reasonable opportunity to object to or narrow the demand at your own expense, and we will not oppose a timely, good-faith objection;
• because the records are yours, we may direct the requesting party to you as the appropriate custodian; and
• if we must produce, we will produce only what is compelled.

You agree to reimburse our reasonable costs of responding to a demand that concerns your records, except where the demand arises from our own conduct.

11. Export, retention, deletion, and legal hold

You can export a complete case record at any time while your account is active. We keep Customer Data while your account is open. For 30 days after your account closes, we will give you an export of your records if you ask at support@losshq.com. We delete Customer Data when you ask, and in any case within 90 days after your account closes, except where the law requires us to keep it or a legal hold applies. Encrypted backups are overwritten on their normal rolling schedule. If a case is subject to litigation, a subpoena, or another preservation obligation, place it on legal hold in the case settings (or ask us to); a held case is not deleted until the hold is lifted. If we adopt a retention period for closed cases, we will give you at least 30 days’ notice first.

12. Acceptable use

Use LossHQ lawfully and only for your own professional practice. Do not:

• harass, threaten, or deceive anyone, or impersonate another person;
• upload content you have no right to upload, or malware;
• use LossHQ to send spam or unsolicited bulk email;
• try to access another customer’s data, probe or overload the service, or get around its security or usage limits;
• use LossHQ to make or publish ratings or characterizations of other professionals; or
• resell or sublicense the service without our written agreement.

13. Our property, and your feedback

The LossHQ software, design, templates, and brand belong to us and our licensors. These Terms give you a limited, non-exclusive, non-transferable right to use the service during your subscription. If you send us ideas or feedback, we may use them without obligation to you.

14. Copyright complaints

If you believe content on LossHQ infringes your copyright, send a notice to support@losshq.comidentifying the work, the material and where it appears, your contact details, a statement of good faith belief, and a statement under penalty of perjury that you are authorized to act. We will respond under the Digital Millennium Copyright Act and may remove infringing material and close the accounts of repeat infringers.

15. Suspension and termination

You may close your account at any time by cancelling your subscription and emailing support@losshq.com. We may suspend or close an account that breaches these Terms, fails to pay, or puts the service or other people at risk. Where practical we will warn you first and give you a chance to fix the problem. If we close your account for reasons other than your breach, you will still have the export window in section 11. Sections 2, 4 (as to amounts owed), 5, 10, 11, 13, and 16 through 20 survive termination.

16. Disclaimers

The service is provided “as is” and “as available.” We work to keep it available, secure, and accurate, but to the fullest extent the law allows we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free operation, that deadlines calculated by the service are correct for your policy or state, or the outcome of any appraisal, award, or dispute. Always confirm deadlines against the policy and applicable law.

17. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR BUSINESS. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100. These limits do not apply to your payment obligations or to your obligations under section 18.

18. Indemnity

YOU WILL DEFEND AND INDEMNIFY US AGAINST THIRD-PARTY CLAIMS ARISING FROM YOUR CUSTOMER DATA, YOUR PROFESSIONAL WORK, YOUR USE OF THE SERVICE IN BREACH OF THESE TERMS, OR DOCUMENTS YOU SEND FOR SIGNATURE, AND YOU WILL PAY RESULTING LOSSES AND REASONABLE LEGAL FEES.

19. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. Any dispute relating to these Terms or the service will be resolved exclusively in the state or federal courts located in Travis County, Texas, and both parties consent to their jurisdiction. Before filing, each party will first try in good faith to resolve the dispute by email for 30 days.

20. General

• Changes. We may update these Terms. We will give at least 30 days’ notice by email of material changes; continuing to use the service after they take effect means you accept them.
• Notices. We send notices to your account email; you send them to support@losshq.com, or by mail to JCA Operations, LLC, 5900 Balcones Dr, Ste 100, Austin, TX 78731.
• Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition, or sale of the business, with notice to you.
• Export and sanctions. You may not use LossHQ in violation of U.S. export control or sanctions laws, or if you are on a U.S. government restricted-party list.
• Events beyond control. Neither party is liable for delays caused by events outside its reasonable control.
• Whole agreement. These Terms, the Privacy Policy, and the Data Processing Addendum are the entire agreement on this subject. If any part is unenforceable, the rest stays in effect. Not enforcing a term is not a waiver.

21. Contact

JCA Operations, LLC, doing business as LossHQ, 5900 Balcones Dr, Ste 100, Austin, TX 78731. Questions about these Terms or your data: support@losshq.com.