BINDING AGREEMENT. Please read these Terms carefully. By accessing or using the IntelligenceClaim platform, clicking “I agree,” or authorizing any user to access the platform on your behalf, you agree to be legally bound by these Terms of Service in their entirety. If you do not agree, do not access or use the Services.

CRITICAL ADVISORY. IntelligenceClaim provides analytical recommendations and informational outputs only. IntelligenceClaim does not make decisions, does not guarantee outcomes, does not guarantee the accuracy of any analysis, and is not responsible for any decision made based on its outputs. All use of the platform and reliance on its outputs is entirely at your own risk. Read Section 8 and Section 9 in full before using the Services.

1. Parties, authority, and acceptance

1.1 The parties

IntelligenceClaim is operated by MH Consulting Group AB, a Swedish limited liability company (“IntelligenceClaim,” “Company,” “we,” “us,” or “our”). “Client” or “Organization” means the legal business entity that has accepted these Terms. “User” or “Authorized User” means any individual authorized by the Organization to access the Platform. “You” and “your” refer collectively to the Organization and all its Authorized Users.

1.2 Authority to bind

By accepting these Terms, the individual doing so represents and warrants that: (a) they are at least 18 years of age; (b) they have full legal authority to bind the Organization to these Terms; (c) the Organization is a validly organized legal entity; and (d) acceptance of these Terms does not violate any agreement to which the Organization is a party.

1.3 Precedence

These Terms, together with any executed Order Form, Subscription Agreement, Statement of Work, or Data Processing Agreement referencing these Terms, and the Privacy Policy, constitute the entire agreement between the parties. In the event of a conflict between these Terms and an executed Order Form or Subscription Agreement, the executed Order Form or Subscription Agreement shall control only with respect to the specific terms expressly addressed therein.

1.4 Updates to these Terms

IntelligenceClaim reserves the right to update these Terms at any time in accordance with Section 18. Continued use of the Services after the effective date of updated Terms constitutes acceptance.

2. Description of services

2.1 What IntelligenceClaim does

MH Consulting Group AB develops and operates an AI powered analytical software platform (“IntelligenceClaim” or the “Platform”) designed for use by professional restoration contractors, project managers, insurance coordinators, and related professionals. The Platform is designed to assist with:

Analyzing PDF documents, photographs, field notes, and insurance claim correspondence using artificial intelligence;
Identifying items in claim documentation that may be potentially billable or may have been omitted from a scope of work, based on the documents analyzed;
Flagging potential pricing discrepancies, deductions, or compliance considerations;
Generating draft rebuttal letters, narrative reports, and supplemental documentation for professional review;
Providing access to anonymized, aggregated carrier response pattern data;
Generating formatted data exports for use with compatible estimating software;
Providing estimated ROI tracking, documentation quality scoring, and performance analytics.

2.2 What IntelligenceClaim is NOT, fundamental limitations

CRITICAL: READ THIS SECTION IN FULL. The following limitations are fundamental to your understanding of the Services and your rights. They apply at all times, without exception, regardless of how the Services are used or the outputs produced:

Not a decision maker: IntelligenceClaim does not make decisions of any kind. No output of the Platform constitutes a decision about any claim, coverage, amount, entitlement, legal right, or course of action. Every output is a recommendation or analytical suggestion for qualified human review.
No accuracy guarantee: IntelligenceClaim does not guarantee, represent, or warrant that any analysis, finding, recommendation, output, report, rebuttal letter, or any other content produced by the Platform is accurate, complete, correct, current, or free of errors. AI systems make mistakes. The Platform may miss items, misidentify documents, generate incorrect valuations, misapply rules, or produce outputs that are factually wrong. This is an inherent limitation of AI technology and is accepted by you as a condition of using the Services.
Not legal advice: Nothing in the Platform, its outputs, its generated content, or any communication from IntelligenceClaim constitutes legal advice. IntelligenceClaim is not a law firm, does not employ attorneys in a legal advisory capacity, and does not provide legal representation. Do not rely on any IntelligenceClaim output as legal advice. Consult a licensed attorney for any legal question.
Not insurance adjusting: IntelligenceClaim is not a licensed insurance adjuster, public adjuster, or claims professional in any jurisdiction. The Platform does not perform insurance adjusting, does not negotiate claims on behalf of policyholders, and does not represent any party in an insurance transaction.
Not professional advice: IntelligenceClaim outputs are not professional advice of any kind, including accounting advice, engineering advice, consulting advice, or financial advice. Any decision affecting your business operations, finances, legal obligations, or professional conduct must be made in consultation with appropriately qualified and licensed professionals.
No outcome guarantee: IntelligenceClaim does not guarantee any specific result from the use of the Services. IntelligenceClaim does not guarantee that use of its outputs will result in increased claim payments, successful supplement negotiations, avoidance of claim denials, regulatory compliance, or any other specific outcome. Past performance of the Platform is not indicative of future results.
All use at your own risk: Your use of the Services and reliance on any output of the Platform is entirely at your own risk. You assume full responsibility for all decisions made, actions taken, documents submitted, or positions asserted based on IntelligenceClaim outputs.

Strongly recommended: Before altering any business practice, adjusting your documentation procedures, submitting any insurance claim supplement, asserting any legal position, or taking any other significant action based on IntelligenceClaim outputs, you should discuss the intended action with a qualified professional including, as appropriate, a licensed public adjuster, attorney, accountant, or insurance professional familiar with the regulations applicable to your business and jurisdiction.

2.3 AI technology limitations

The Platform uses artificial intelligence, including large language models, vision AI, and multi modal AI systems, which may be provided by third party AI model providers. AI systems have inherent limitations that you must understand and accept:

AI systems can produce confident sounding outputs that are factually incorrect, incomplete, or contextually inappropriate;
AI analysis of documents depends on the quality, completeness, and legibility of those documents, low quality inputs produce less reliable outputs;
AI systems may not identify every potentially billable item, every relevant rule, or every applicable consideration in a given document set;
AI models are updated over time, meaning the outputs for identical inputs may change between analyses;
The AI does not understand law, does not interpret regulatory requirements with legal precision, and does not have current knowledge of all jurisdiction specific rules;
No AI system, including IntelligenceClaim's, should be treated as a substitute for human professional judgment.

2.4 Platform evolution

IntelligenceClaim continuously develops and improves the Services. We may add, modify, or remove features, change AI models, update rule engines, or alter the functionality of the Platform at any time. We will endeavor to provide notice of material changes. We are not liable for any impact that Platform changes have on your business processes or outcomes.

2.5 EU AI Act compliance and AI system transparency

IntelligenceClaim is an AI system within the meaning of Regulation (EU) 2024/1689 (the “EU AI Act”). We classify the Platform as a general purpose decision support tool that produces analytical recommendations for human review by qualified restoration professionals. The Platform is not intended to make, and does not make, automated decisions affecting natural persons within the meaning of GDPR Article 22 or the AI Act's high risk categories.

To meet our transparency obligations under AI Act Article 50, we commit to the following:

Disclosure of AI nature: All analytical outputs visible to Users are produced by AI and are clearly identified as such within the Platform user interface (for example, with the “AI inference” tag on findings derived from AI reasoning).
Human oversight: The Platform is designed so that a qualified human reviews every AI output before any business action is taken. The User retains full discretion to approve, modify, or reject any AI generated finding.
Output provenance: Each AI output is accompanied by evidence references (citations to source documents, image catalog entries, or rule references) so that the User can independently verify the basis for the output.
Model documentation: IntelligenceClaim maintains internal documentation of the AI models, prompts, and rule sets used at the time of each analysis, retained for audit purposes for the duration required by applicable law.
Training data: IntelligenceClaim does not permit the third party AI model providers it uses to train their general purpose models on Organization Data. See the Privacy Policy for further details.

The Organization acknowledges that, in deploying IntelligenceClaim outputs in interactions with consumers or insureds, the Organization itself may have its own AI Act transparency obligations as a “deployer” of an AI system. The Organization is solely responsible for meeting those obligations in its own jurisdiction and operations.

3. Subscriptions, access, and account management

3.1 Subscription tiers and limits

IntelligenceClaim offers multiple subscription tiers, each with defined monthly analysis limits, feature access levels, and API cost ceilings. The details of your subscription are specified in your Order Form or the Platform's subscription management interface. Analysis limits reset on the first day of each calendar month. Unused analyses do not roll over.

3.2 Account provisioning

The IntelligenceClaim Platform does not offer open self registration. Organizations are provisioned by IntelligenceClaim administrators. Organization administrators are responsible for creating, managing, and deactivating Authorized User accounts within their Organization. Organization administrators are responsible for ensuring that only appropriate, current personnel have active access.

3.3 User responsibilities

Each Authorized User is responsible for:

Maintaining the confidentiality and security of their login credentials;
Logging out of the Platform when not actively using it;
Not sharing credentials with any other person;
Promptly notifying the Organization administrator and IntelligenceClaim of any suspected unauthorized access;
Complying with these Terms and all applicable laws in their use of the Services.

3.4 Organizational responsibility

The Organization bears full responsibility and liability for all activities that occur under its account and under all Authorized User accounts within its Organization. The Organization's responsibility includes activities that result from failure to properly manage access, failure to promptly deactivate former employees or contractors, and unauthorized access resulting from credential compromise attributable to the Organization.

3.5 Usage limits and overages

If the Organization reaches its monthly analysis limit or API cost ceiling, additional analyses may be queued, deferred, or declined until the next monthly reset or until the Organization upgrades its subscription. IntelligenceClaim is not liable for business impacts resulting from analysis limits.

4. Fees, payment, and billing

4.1 Subscription fees

Organization agrees to pay all fees specified in the applicable Order Form or subscription agreement on the terms stated therein. All fees are stated in United States Dollars unless otherwise expressly specified.

4.2 Payment methods and processors

IntelligenceClaim accepts payment through the following payment processors and methods, subject to availability in your jurisdiction:

Major credit and debit cards processed through our primary payment processor;
Bank transfers processed through Wise (formerly TransferWise), subject to Wise's terms and fee structures;
Transfers processed through Revolut Business, subject to Revolut's terms and applicable limitations;
Such other payment methods as IntelligenceClaim may make available from time to time.

Payment processing is handled by our third party payment processors. IntelligenceClaim does not store full payment card numbers or complete bank account details on our systems. All payment data is handled in accordance with the applicable payment processor's security standards. You agree to the applicable payment processor's terms of service for the payment method you use. IntelligenceClaim is not responsible for errors, delays, fees, or failures attributable to payment processors, banking institutions, currency conversion, or cross border payment regulations.

4.3 Billing cycle and auto renewal

Subscriptions renew automatically at the end of each subscription period at the then current subscription rate unless cancelled in accordance with Section 14. IntelligenceClaim will provide reasonable advance notice of any changes to subscription pricing before the renewal date.

4.4 Late payment

Failure to pay fees within ten (10) days of the due date may result in suspension of access to the Services. IntelligenceClaim reserves the right to charge interest on overdue amounts at the lesser of one and a half percent (1.5%) per month or the maximum rate permitted by applicable law, calculated from the due date until payment is received.

4.5 Taxes

All fees are exclusive of applicable taxes, including sales tax, use tax, VAT, GST, or withholding taxes. Organization is solely responsible for all taxes applicable to its subscription, excluding taxes levied on IntelligenceClaim's net income. If IntelligenceClaim is required to collect taxes, they will be added to your invoice.

4.6 Refund policy

All subscription fees are non refundable except as expressly provided in a separate written agreement signed by an authorized representative of IntelligenceClaim, or as required by applicable consumer protection law. Unused analyses do not carry over to subsequent periods and are not refundable. In the event IntelligenceClaim terminates the Services without cause, IntelligenceClaim will refund a pro rated portion of prepaid fees for the unused portion of the subscription period.

4.7 Disputed charges

If you believe a charge is incorrect, you must notify IntelligenceClaim in writing within thirty (30) days of the charge. We will review disputed charges in good faith. Undisputed amounts remain due and payable during any dispute review.

5. Acceptable use and prohibited conduct

5.1 Permitted use

The Services are licensed for use by the Organization solely for its internal, lawful business purposes in connection with property restoration and insurance claim management. All use must comply with these Terms and all applicable laws.

5.2 Absolute prohibitions

You must not, and must ensure your Authorized Users do not, use the Services to:

Submit, create, or assist in the submission of fraudulent insurance claims or documentation;
Fabricate, falsify, alter, or misrepresent any claim data, photographs, measurements, or documentation;
Engage in any activity that violates applicable insurance fraud statutes, anti fraud laws, or criminal laws;
Attempt to access, read, modify, or delete data belonging to any other Organization on the Platform;
Attempt to bypass, circumvent, undermine, or test the security boundaries or access controls of the Platform;
Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, AI models, prompts, or rule engine content of the Platform;
Resell, sublicense, white label, or provide the Services or any output thereof to third parties as a service without express written authorization from IntelligenceClaim;
Use automated tools, bots, scrapers, or scripts to access the Platform other than through authorized integrations and APIs;
Upload content that contains malware, viruses, trojans, or other malicious code;
Engage in harassment, threats, or abusive conduct toward IntelligenceClaim personnel or other users;
Use the Platform in a jurisdiction where doing so would violate applicable local laws;
Use the Platform to compete with IntelligenceClaim, including for the purpose of building a competing product or service;
Interfere with or disrupt the integrity, performance, or availability of the Services.

5.3 Professional licensing and regulatory compliance

The Organization represents and warrants that it will comply with all professional licensing requirements applicable to its use of the Services in its operating jurisdictions. The Organization acknowledges that in many jurisdictions, negotiating insurance claims on behalf of policyholders requires a public adjuster license or other professional authorization. The Organization is solely responsible for ensuring that its use of the Services, and its use of IntelligenceClaim outputs in interactions with insurance carriers, adjusters, attorneys, or other professionals, complies with all applicable professional licensing, advertising, and practice laws. IntelligenceClaim expressly disclaims all responsibility for the Organization's regulatory and licensing compliance.

5.4 Content standards

All documents, data, and content uploaded to the Platform must be data that the Organization has the legal right to upload, process, and store, with all necessary consents and authorizations from the relevant data subjects and document owners. The Organization represents and warrants that its uploaded content does not violate any third party intellectual property rights, privacy rights, or confidentiality obligations.

Special categories of data, restrictions. Without entering into a separate written addendum with IntelligenceClaim, the Organization shall not upload to the Platform:

Protected Health Information (PHI) as defined under the U.S. Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. § 160.103. IntelligenceClaim is not a HIPAA Business Associate by default and has not executed a Business Associate Agreement (BAA). If the Organization is a Covered Entity or Business Associate under HIPAA and its use of the Services would involve PHI, it must request a BAA before uploading any such data.
Special categories of personal data under Article 9 GDPR, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for uniquely identifying a natural person, health data, or data concerning sex life or sexual orientation.
Children's personal data under the age of 16 (EU) or 13 (US COPPA), other than incidental references in claim documents.
Payment card data beyond what is necessary for IntelligenceClaim's billing (handled exclusively by our PCI compliant payment processors).

The Organization is solely liable for any breach of this restriction. IntelligenceClaim reserves the right to delete such content without notice and to suspend or terminate access in accordance with Section 14.

5.5 Prohibition on third party claim management services

The Services are licensed solely for the Organization's internal use in connection with insurance claims arising directly from restoration work performed by the Organization itself. The Organization expressly agrees that it will not:

Use the Services, or any outputs generated by the Services, to analyze, manage, supplement, or support insurance claims on behalf of any third party, including but not limited to property owners, policyholders, or other contractors;
Offer, market, advertise, or provide any service to third parties that incorporates, is based upon, or is derived from IntelligenceClaim outputs, whether for compensation or otherwise;
Position itself as a claim management, claim advocacy, or claim supplementing service to third parties using IntelligenceClaim as a supporting tool;
Allow any person or entity outside of the Organization's own employed or contracted workforce to benefit from or rely upon IntelligenceClaim outputs in connection with a claim that is not the Organization's own.

For the avoidance of doubt, the Services are intended exclusively as an internal documentation audit tool to assist the Organization in reviewing the completeness of its own scopes of work, estimates, and field documentation for jobs the Organization has directly performed. Any use beyond this scope is strictly prohibited and constitutes a material breach of these Terms, entitling IntelligenceClaim to immediately suspend or terminate access without liability.

The Organization acknowledges that using the Services beyond its own internal operations may constitute the unlicensed practice of public adjusting or a related regulated activity under applicable state law, and that the Organization bears sole and exclusive responsibility for ensuring its use of the Services complies with all applicable professional licensing requirements in every jurisdiction in which it operates.

6. Intellectual property rights

6.1 IntelligenceClaim ownership

MH Consulting Group AB owns and retains all right, title, and interest in and to: the Platform and all associated software; all AI models, algorithms, and model architectures; all prompt engineering, rule engine content, and analytical frameworks; the Carrier Intelligence Database and all anonymized aggregated data therein; all IntelligenceClaim trademarks, service marks, logos, and brand assets; all documentation, training materials, and marketing content; and all improvements, modifications, updates, and derivative works of any of the foregoing. These Terms do not transfer any ownership interest in the Platform or its underlying technology to you.

6.2 License grant to Organization

Subject to these Terms and the timely payment of all applicable fees, IntelligenceClaim grants the Organization a limited, non exclusive, non transferable, non sublicensable, revocable license to access and use the Platform solely for the Organization's internal business purposes during the active subscription term.

6.3 Organization data ownership

The Organization retains all ownership rights in and to Organization Data, the content, documents, and information it uploads to the Platform. The Organization grants IntelligenceClaim a limited, non exclusive, worldwide, royalty free license to access, process, store, transmit, analyze, and display Organization Data solely to the extent necessary to provide the Services and as permitted by the Privacy Policy.

6.4 Marketing license, Organization brand assets

By accepting these Terms and using the Services, the Organization grants IntelligenceClaim a limited, non exclusive, worldwide, royalty free, sublicensable (solely to marketing service providers acting on IntelligenceClaim's behalf) license to use, reproduce, and display the Organization's name, trade name, logo, and other publicly available brand assets for the following purposes:

Identifying the Organization as an IntelligenceClaim customer on IntelligenceClaim's website, in marketing materials, in investor presentations, in product collateral, in press materials, and in sales presentations;
Creating and publishing customer case studies, success story profiles, and testimonials using masked or anonymized performance data attributable to the Organization's subscription use (no specifically identifying claim data will be used without separate written consent);
Including the Organization in customer lists, customer showcases, and partner directories maintained by IntelligenceClaim;
Referencing the Organization's use of the Platform in media inquiries, analyst briefings, and industry publications.

This marketing license does not permit IntelligenceClaim to: imply that the Organization endorses any specific IntelligenceClaim claim or result; alter the Organization's logo in a way that distorts its design or colors; use the Organization's brand assets in connection with content that is defamatory, false, or misleading about the Organization; or share specific, non anonymized claim data as part of a case study without the Organization's separate written consent.

The Organization may revoke this marketing license at any time by submitting a written revocation notice. Revocation will be honored within sixty (60) days for active marketing materials. Previously published materials may require additional time to update. Revocation of the marketing license does not affect these Terms or the subscription relationship.

Opt in for EU/EEA Organizations. For Organizations established in the European Economic Area, the United Kingdom, or Switzerland, the marketing license described in this Section 6.4 is granted on an opt in basis only. IntelligenceClaim will not use the EU Organization's name, logo, or anonymized performance data for the marketing purposes described above without the Organization's separate written consent. For Organizations established in the United States and other jurisdictions, the marketing license operates on the opt out basis described above unless and until the Organization submits a written revocation notice.

6.5 Feedback

If the Organization or any User provides IntelligenceClaim with feedback, suggestions, ideas, feature requests, or other input about the Services, IntelligenceClaim may freely use, implement, and commercialize such feedback without any obligation to the Organization or User, and without attribution, payment, or restriction. Feedback does not grant the Organization any rights in the Services.

6.6 Anonymized data

IntelligenceClaim has a perpetual, irrevocable, worldwide, royalty free license to collect, process, anonymize, aggregate, retain, and use anonymized and aggregated data derived from Platform usage, including anonymized analysis outcomes, finding patterns, and carrier response patterns, for all purposes, including AI model development, improving the Services, building the Carrier Intelligence Database, and marketing. This right survives termination of the subscription.

6.7 Restrictions

Except as expressly authorized in these Terms, you may not: copy, modify, translate, or create derivative works of the Platform; use the Platform to build or assist in building a competing product; use any IntelligenceClaim trademark without prior written permission; remove any proprietary notices or labels from the Platform.

7. Confidentiality

7.1 Mutual confidentiality obligations

“Confidential Information” means non public information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) that is designated as confidential or that should reasonably be understood to be confidential. IntelligenceClaim's Confidential Information includes: the Platform architecture, AI models, prompt strategies, rule engine content, pricing, business strategy, and unpublished technical specifications. Organization's Confidential Information includes Organization Data, business practices, and non public financial information.

7.2 Receiving party obligations

Each Receiving Party agrees to: (a) maintain the Disclosing Party's Confidential Information in strict confidence using no less than reasonable care; (b) not disclose Confidential Information to any third party without prior written consent; (c) use Confidential Information only to exercise rights and fulfill obligations under these Terms; and (d) limit access to Confidential Information to employees and contractors who have a need to know and who are bound by confidentiality obligations at least as protective as these.

7.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of these Terms; (b) was rightfully known before disclosure; (c) is rightfully received from a third party without restriction; (d) is independently developed without use of the Confidential Information; or (e) must be disclosed by law, provided the Receiving Party gives reasonable prior written notice to the Disclosing Party where legally permissible.

7.4 Duration

Confidentiality obligations survive termination of these Terms for a period of five (5) years, except with respect to trade secrets, which remain confidential for as long as they constitute trade secrets under applicable law.

8. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTELLIGENCECLAIM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

8.1 No accuracy warranty

IntelligenceClaim makes no warranty, representation, or guarantee that any analysis, finding, recommendation, output, rebuttal letter, narrative, report, export, or any other content or data generated by the Platform is or will be accurate, complete, correct, current, relevant, or fit for any particular purpose. AI generated outputs are inherently probabilistic and imperfect. Errors, omissions, and inaccuracies in AI outputs are expected and possible in every analysis. You acknowledge and accept this limitation as a fundamental condition of using the Services.

8.2 No outcome warranty

IntelligenceClaim makes no warranty, guarantee, or representation that: (a) use of the Services will result in any particular insurance claim outcome; (b) any finding identified by the Platform will be payable, recoverable, or accepted by any insurance carrier; (c) any rebuttal letter generated by the Platform will be successful; (d) the Platform will identify all potentially billable items in any documentation set; (e) use of the Platform will improve the Organization's financial results, claim recovery rates, or business performance; or (f) carrier intelligence data will predict or reflect any carrier's current or future behavior.

8.3 No professional advice warranty

The Services do not constitute and IntelligenceClaim does not warrant that the Services constitute legal advice, insurance advice, public adjusting services, accounting advice, engineering advice, or any other form of professional or regulated advice. The Platform is an analytical and informational tool only.

8.4 Service availability

IntelligenceClaim does not warrant that the Services will be available without interruption, error, or downtime, or that any defects in the Services will be corrected within any particular time frame. The Services depend on third party infrastructure, AI providers, and internet connectivity, none of which IntelligenceClaim can guarantee.

8.5 Third party AI models

The Platform's AI capabilities depend on AI models that may be provided by one or more third party AI model providers. IntelligenceClaim makes no warranty regarding the availability, accuracy, consistency, or performance of any third party AI model. AI providers may update, modify, retrain, or discontinue models at any time, which may affect Platform outputs.

8.6 Integration warranties

IntelligenceClaim makes no warranty regarding the availability, accuracy, or reliability of data received through third party integrations, including but not limited to Encircle, CompanyCam, or any other connected service.

9. Limitation of liability and assumption of risk

READ THIS SECTION CAREFULLY. IT LIMITS INTELLIGENCECLAIM'S LIABILITY TO YOU AND GOVERNS YOUR ASSUMPTION OF RISK. BY USING THE SERVICES, YOU EXPRESSLY AGREE TO THESE LIMITATIONS.

9.1 Exclusion of consequential damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTELLIGENCECLAIM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or income;
Loss of business or business opportunity;
Loss of goodwill or reputation;
Loss of data or data corruption;
Loss of anticipated savings;
Costs of substitute services or procurement of replacement goods;
Business interruption losses;
Any insurance claim outcome, denial, or underpayment, regardless of whether IntelligenceClaim outputs were used in connection with the claim.

9.2 Aggregate liability cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTELLIGENCECLAIM'S TOTAL CUMULATIVE AGGREGATE LIABILITY TO THE ORGANIZATION AND ALL ITS AUTHORIZED USERS, FOR ALL CLAIMS OF ANY NATURE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY THE ORGANIZATION TO INTELLIGENCECLAIM IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00). This cap is aggregate across all claims and applies regardless of the number of incidents, claims, or causes of action.

9.3 Specific liability exclusions

Without limiting the foregoing, IntelligenceClaim shall have no liability whatsoever for:

Any outcome of any insurance claim, including denial, underpayment, partial payment, or carrier dispute, whether or not IntelligenceClaim outputs were used in connection with the claim;
The accuracy, completeness, or fitness for purpose of any AI generated analysis, finding, recommendation, or rebuttal;
Any regulatory action, investigation, fine, penalty, license revocation, or sanction arising from the Organization's use of the Services;
The Organization's failure to comply with professional licensing requirements or applicable laws;
Decisions made by the Organization, its employees, or its contractors based on IntelligenceClaim outputs without independent professional verification;
Third party claims against the Organization arising from the Organization's use of IntelligenceClaim outputs in any context;
Data loss or corruption resulting from third party cloud infrastructure failures, force majeure events, or factors outside IntelligenceClaim's reasonable control;
Errors in AI outputs caused by poor quality, incomplete, illegible, or inaccurate input documents;
Any claim by or on behalf of any insurance carrier, insured, claimant, or other third party;
Business impact resulting from Platform downtime, feature changes, AI model updates, or subscription limit enforcement.

9.4 Your assumption of risk

BY USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

You use the Services and rely on all outputs entirely at your own risk;
IntelligenceClaim outputs are recommendations only and you are solely responsible for how you use them;
You will not take any significant business action based solely on IntelligenceClaim outputs without independent professional review;
You understand that AI analyses are not 100% accurate and may contain errors or omissions;
The potential for financial benefit from the Services does not reduce or offset IntelligenceClaim's limitations of liability.

9.5 Professional consultation obligation

IMPORTANT: Before altering any core business process, submitting supplemental insurance claims, taking a legal position, or making any significant business decision based on IntelligenceClaim outputs or recommendations, you should consult with appropriately qualified and licensed professionals, including a licensed public adjuster, attorney, or other professional as appropriate for your jurisdiction and situation. IntelligenceClaim is not a substitute for professional advice.

9.6 Essential basis of bargain

The parties acknowledge that the limitations of liability in this Section 9 reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between the parties. The pricing of the Services reflects these limitations. IntelligenceClaim would not have entered into these Terms without these limitations.

9.7 Failure of essential purpose

The limitations and exclusions set forth in this Section 9 shall apply notwithstanding any failure of essential purpose of any limited remedy.

10. Indemnification

10.1 Organization's indemnification of IntelligenceClaim

Organization shall defend (at IntelligenceClaim's election), indemnify, and hold harmless IntelligenceClaim and its affiliates, officers, directors, shareholders, employees, agents, licensors, and service providers from and against any and all claims, demands, actions, proceedings, judgments, losses, damages, liabilities, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

The Organization's or any Authorized User's use of the Services in violation of these Terms;
Organization Data, including any claim that Organization Data infringes, misappropriates, or violates any third party intellectual property right, privacy right, or other right;
The Organization's violation of any applicable law, regulation, rule, or professional standard, including insurance fraud laws and professional licensing requirements;
Any representation, warranty, or statement made by the Organization to any third party regarding IntelligenceClaim or the results or accuracy of IntelligenceClaim outputs;
Any claim by any third party (including an insured, claimant, insurance carrier, adjuster, or regulator) arising from the Organization's use of IntelligenceClaim outputs;
The Organization's failure to obtain required consents, authorizations, or licenses for Organization Data;
The Organization's negligence, willful misconduct, or fraud;
Any business decision made by the Organization based on IntelligenceClaim outputs.

10.2 IntelligenceClaim's indemnification of Organization

IntelligenceClaim shall defend, indemnify, and hold harmless the Organization from and against third party claims alleging that the Platform itself (excluding Organization Data, third party components, and modifications not made by IntelligenceClaim) directly infringes any registered patent, copyright, or registered trademark, provided that the Organization: (a) promptly notifies IntelligenceClaim of the claim in writing; (b) grants IntelligenceClaim sole control of the defense and settlement; and (c) provides reasonable cooperation and assistance. This indemnification obligation does not apply if the alleged infringement arises from: use of the Services in combination with third party products or data; any modification of the Services by a party other than IntelligenceClaim; the Organization's breach of these Terms; or the Organization's failure to use an updated version of the Services provided by IntelligenceClaim.

11. Data processing and privacy

11.1 Privacy Policy

IntelligenceClaim's collection and use of personal information is governed by the Privacy Policy, which is incorporated herein by reference. By accepting these Terms, you agree to the Privacy Policy.

11.2 Organization's data responsibilities

The Organization is the data controller (or equivalent under applicable law) for Organization Data. The Organization is solely responsible for:

Ensuring it has all required legal bases and consents to upload and process Organization Data, including any personal data of third parties (field technicians, clients, property owners, claimants, etc.) contained in uploaded documents;
Providing appropriate notices to data subjects whose personal information is included in uploaded documents;
Compliance with all applicable data protection and privacy laws with respect to Organization Data;
Ensuring that Organization Data does not include any special categories of personal data that IntelligenceClaim has not agreed in writing to process.

11.3 Data Processing Agreement (incorporated by reference)

IntelligenceClaim publishes a standard Data Processing Agreement (“DPA”) at /legal/dpa governing IntelligenceClaim's processing of personal data on the Organization's behalf under GDPR, UK GDPR, and other applicable data protection laws. By accepting these Terms, the Organization accepts the DPA as in effect from time to time. The DPA is incorporated into these Terms by reference and constitutes a binding written processor contract for the purposes of GDPR Article 28(3); no separate signature is required. Organizations that prefer a counter signed paper version may request one by emailing admin@intelligenceclaim.com; IntelligenceClaim will counter sign and return a copy within five (5) business days. A current list of sub processors is published at /legal/subprocessors.

11.4 Anonymized data

As described in the Privacy Policy, IntelligenceClaim has the right to collect and use anonymized, aggregated, non attributable data derived from the Services for all purposes, including AI training and development, for as long as IntelligenceClaim operates. This right survives termination.

12. Third party services and integrations

The Platform integrates with or references various third party services, APIs, and platforms. Your use of any third party service is subject to that service's own terms of service, privacy policy, and fees. IntelligenceClaim is not responsible for the availability, accuracy, security, or compliance of any third party service. IntelligenceClaim does not endorse any third party service and is not liable for any harm, loss, or damage arising from your use of third party services, including but not limited to any interruption of a third party service that affects the Platform's functionality.

13. Representations and warranties

13.1 Mutual representations

Each party represents and warrants that: (a) it is a validly organized entity with authority to enter into these Terms; (b) acceptance of these Terms does not violate any other agreement to which it is a party; and (c) it will comply with all applicable laws in performing its obligations.

13.2 Organization representations

The Organization additionally represents and warrants that:

All information provided to IntelligenceClaim in connection with the subscription is accurate and complete;
The Organization has the legal right to upload all Organization Data and to authorize IntelligenceClaim to process it;
The Organization will use the Services only for lawful purposes and will not use the Services to engage in or facilitate insurance fraud or any other illegal activity;
The Organization will ensure that Authorized Users are aware of and comply with these Terms;
The Organization holds all professional licenses required to use the Services in its operating jurisdictions;
The Organization will independently verify all IntelligenceClaim outputs before acting on them.

14. Term and termination

14.1 Term

These Terms are effective upon acceptance and continue for the duration of the applicable subscription period, automatically renewing unless terminated.

14.2 Termination by Organization

The Organization may cancel its subscription at any time by providing written notice in accordance with the cancellation procedures specified in its Order Form or within the Platform. Cancellation takes effect at the end of the current billing period. Prepaid fees are non refundable except as described in Section 4.6.

14.3 Termination by IntelligenceClaim for cause

IntelligenceClaim may immediately suspend or terminate the Organization's access to the Services, with or without prior notice depending on the severity, upon the occurrence of:

Material breach of these Terms that is not cured within ten (10) business days of written notice (or immediately if the breach is incapable of cure or involves prohibited conduct);
Suspected or confirmed insurance fraud or use of the Services for illegal purposes;
Failure to pay undisputed fees within the applicable payment period, in which case IntelligenceClaim may, at its sole discretion, suspend access to the Services immediately upon the expiry of a payment due date without further notice, and such suspension shall continue until all outstanding amounts are paid in full, including any applicable late fees;
Actions that threaten the security, integrity, or availability of the Platform or harm to other Organizations;
Any conduct, activity, or use that IntelligenceClaim determines, in its sole and absolute discretion, to be harmful, inappropriate, reputationally damaging, or contrary to the interests of IntelligenceClaim or its user base, regardless of whether such conduct constitutes a specific breach of these Terms;
Any circumstance in which IntelligenceClaim reasonably believes, in its sole judgment, that continued provision of the Services poses a risk, whether legal, regulatory, financial, reputational, or otherwise, to IntelligenceClaim, its partners, or other Organizations on the Platform.

For the avoidance of doubt, suspension of access under this Section does not relieve the Organization of its obligation to pay any fees accrued or due during the suspension period. IntelligenceClaim reserves the right to permanently terminate the subscription if a payment related suspension extends beyond thirty (30) days without resolution. IntelligenceClaim shall not be liable to the Organization or any third party for any loss, damage, or consequence arising from a suspension or termination exercised under this Section.

14.4 Termination by IntelligenceClaim without cause

IntelligenceClaim may terminate these Terms without cause upon thirty (30) days' written notice. In such case, IntelligenceClaim will refund a pro rated portion of any prepaid fees for the unused portion of the subscription period.

14.5 Effect of termination

Upon termination: (a) all licenses granted to the Organization under these Terms immediately cease; (b) the Organization must immediately cease all use of the Services; (c) IntelligenceClaim will follow the data retention and deletion procedures described in the Privacy Policy; (d) all payment obligations accrued prior to termination remain due; and (e) all provisions that by their nature should survive termination shall survive, including Sections 6, 7, 8, 9, 10, 11, and 15.

15. Dispute resolution

15.1 Governing law

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law principles.

15.2 Informal resolution

Before initiating any formal dispute proceeding, the parties agree to attempt informal resolution. The complaining party shall provide written notice identifying the dispute and desired resolution, and the parties shall engage in good faith negotiations for at least thirty (30) days.

15.3 Binding arbitration

EXCEPT FOR CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF, ALL DISPUTES, CONTROVERSIES, AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE FINALLY SETTLED BY ARBITRATION ADMINISTERED BY THE ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE (SCC) IN ACCORDANCE WITH ITS THEN CURRENT ARBITRATION RULES. The arbitration shall be conducted by a single arbitrator with relevant expertise. The seat of arbitration shall be Stockholm, Sweden. The language of arbitration shall be English. The arbitrator's award shall be final and binding and may be confirmed and entered as a judgment in any court of competent jurisdiction. The parties agree that the arbitration shall be confidential.

15.4 Class action waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ITS RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR MASS ARBITRATION PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY ONLY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ENTITY'S CLAIMS.

15.5 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction for claims involving: intellectual property rights; unauthorized access to or disclosure of confidential information; breach of the confidentiality obligations in Section 7; or any claim that cannot be adequately remedied by monetary damages.

16. Force majeure

Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including without limitation: acts of God, natural disasters, earthquake, flood, fire, storm, pandemic, epidemic, governmental action, war, terrorism, civil unrest, strikes or labor disputes, internet outages or failures of the public internet infrastructure, power failures, failures of third party service providers or cloud infrastructure, cyberattacks by third parties, or any other cause beyond the affected party's reasonable control (“Force Majeure Event”). The affected party shall: (a) promptly notify the other party of the Force Majeure Event; (b) use commercially reasonable efforts to minimize the duration and impact; and (c) resume performance as soon as reasonably practicable. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate the relevant subscription without penalty upon written notice, and IntelligenceClaim will refund a pro rated portion of prepaid fees for the affected period.

17. Modifications to the services

IntelligenceClaim reserves the right to modify, update, enhance, discontinue, or otherwise change any feature, functionality, or aspect of the Services at any time. We will endeavor to provide reasonable advance notice of material changes to core functionality. We are not liable for any business impact, workflow disruption, or outcome change resulting from updates or modifications to the Services, including changes to AI models, rule engines, prompt strategies, or analytical frameworks.

18. Modifications to these Terms

IntelligenceClaim reserves the right to modify these Terms at any time. For material changes, changes that materially affect your rights or obligations, we will provide at least thirty (30) days' advance notice by email to the Organization's primary contact and by notice within the Platform. Non material updates (such as clarifications, formatting corrections, or updates to reflect regulatory changes) will be effective upon posting with an updated “Last Updated” date. Your continued use of the Services after the effective date of any changes constitutes acceptance of the revised Terms. If you disagree with material changes, you may terminate your subscription before the effective date.

19. General provisions

19.1 Entire agreement

These Terms, together with any executed Order Form or Subscription Agreement and the Privacy Policy, constitute the entire agreement between the parties with respect to the Services and supersede all prior and contemporaneous discussions, agreements, representations, and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

19.3 Waiver

No failure or delay by either party to exercise any right under these Terms shall operate as a waiver of that right. No single or partial exercise of any right precludes any further exercise of that right. Waivers must be in writing to be effective.

19.4 Assignment

The Organization may not assign, transfer, delegate, or sublicense these Terms or any rights or obligations hereunder, whether voluntarily, by operation of law, or otherwise, without IntelligenceClaim's prior written consent. Any attempted assignment without consent is null and void. IntelligenceClaim may assign these Terms and its rights and obligations hereunder without restriction, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of its assets. These Terms bind and inure to the benefit of the parties and their respective permitted successors and assigns.

19.5 Notices

Notices to IntelligenceClaim shall be sent to admin@intelligenceclaim.com or to MH Consulting Group AB's registered address. Notices to the Organization will be sent to the primary contact email address on file. Notices are deemed received when sent by email (on the day of transmission, provided no bounce notification is received), or three (3) business days after mailing if sent by registered post.

19.6 Relationship of parties

The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, fiduciary relationship, or employment relationship between the parties. Neither party has authority to bind or represent the other party.

19.7 Export compliance

The Organization agrees to comply with all applicable export control and trade sanctions laws and regulations, including those administered by the European Union, Sweden, and the United States government. The Organization represents that it is not located in, organized under the laws of, or operating on behalf of any country or entity subject to applicable sanctions.

19.8 Headings and interpretation

Section headings are for convenience only and do not affect the interpretation of these Terms. “Including” and similar expressions are not limiting. “Writing” includes email.

19.9 Counterparts and electronic acceptance

These Terms may be accepted electronically. Electronic acceptance (including clicking “I agree” or proceeding to use the Services) is legally binding and equivalent to a written signature.