Terms

Terms of Use and Software Agreement

Last updated 2026-10-11

1. The agreement

This Terms of Use and Software Agreement (the "Agreement") is a binding contract between you and Next Million Consulting LLC ("Next Million", "we", "us", "our"), a Florida limited liability company, covering the Claims Reaper website, web application, email service, AI assistant, documents and every related feature (together, the "Service"). By creating an account, ticking the box on the signup page, or using the Service in any way, you accept this Agreement and our Privacy Policy. If you sign up for a company, you confirm you are authorized to bind that company, and "you" includes the company, its owners, employees and anyone you let use your account. If you do not agree, do not use the Service.

This Agreement is written in plain English on purpose. Plain English does not make it less binding, and headings are for reading only.

2. What Claims Reaper is

Claims Reaper is software for tree contractors and similar storm-response contractors. It helps you organize a job file; assemble an invoice package (invoice, photos, weather data, contract and supporting documents) for work you already did; draft emails to a homeowner's insurance company; keep track of replies; and get reminders about follow-ups. On the Assisted and Full Service plans, our staff also help prepare documents and emails under a separate written agreement.

3. What Claims Reaper is not

• Not a law firm and not legal advice. Nothing in the Service, in any draft, template, answer, state summary or message from our staff is legal advice, and no attorney-client relationship exists between you and us.
• Not a public adjuster. We do not adjust, negotiate, settle, prepare or submit insurance claims on behalf of any homeowner or insured, and we are not licensed to. The homeowner files their own claim with their own insurance company. You are a contractor billing for your own work.
• Not an insurance agent, broker, adviser or company. We do not sell insurance and we do not tell anyone what their policy covers.
• Not an accountant, tax adviser, licensed contractor, or engineer.
• Not your fiduciary or agent. We owe you no fiduciary duty and we do not act on your behalf with any carrier, court or agency.

If you need legal, insurance, tax or professional advice, get it from a licensed professional in your state.

4. You are responsible for following the law

Laws about contractors, invoices, liens, assignments of benefits, deductibles, price gouging, licensing, and who may communicate with or negotiate with an insurance company on someone else's behalf differ in every state and change often. You alone are responsible for knowing and following every law that applies to you and your company, including:

• whether and how you may communicate with a carrier about a homeowner's claim in your state, whether a public adjuster or other license is required to do so, and whether an assignment of benefits is allowed;
• contractor licensing, home-improvement contract rules, emergency and disaster rules, and lien rules in your state and county;
• collecting the homeowner's deductible in full and never absorbing, waiving, rebating or hiding it;
• the accuracy and honesty of every invoice, date, photo, signature, measurement and statement you send to anyone;
• obtaining any written authorization you need from a homeowner before anyone contacts a carrier about their claim.

The Service may show state-specific information, playbooks and summaries of statutes. They are general information, may be incomplete or out of date, have not been reviewed by a lawyer unless the Service says so, and are not advice about your situation. You must not rely on them without checking the current law or asking a licensed professional.

5. AI-generated content can be wrong

Parts of the Service use artificial intelligence to read photos and documents, write drafts, caption pictures, summarize law, transcribe voice notes and answer questions in the chat. AI makes mistakes. It can misread a number, invent a fact or a citation, describe equipment that was not on the job, or give an answer that is confident and wrong. Every draft, caption, summary, answer and suggestion is for you to check. You must read every email before you approve or send it, and you are responsible for everything you send. We make no promise about the accuracy, completeness, legality or suitability of any AI output.

6. No guarantee of payment, timing or outcome

We do not promise that any insurance company will pay any invoice, pay it in full, pay it by any date, or respond at all. We do not promise any result from any email, letter, package, report or follow-up. Insurance companies decide what they pay under the homeowner's policy. Past results of other users say nothing about yours. Any example, statistic or testimonial on our site describes someone else's experience, not a promise to you.

7. Your account

• You must be at least 18 and own, manage or work for the business on the account. The Service is for businesses, not consumers.
• You sign in with a link we email you. Anyone with that link, or with access to your email, can open your account. Keep both private and tell us at once at the address below if you think someone else got in.
• You are responsible for everything done under your account, including by people you add to it and by anyone who uses your sign-in link.
• Give us accurate contact details and keep them current. We may suspend an account whose details are false.
• We may refuse, limit or close accounts at our discretion, including for businesses or states we do not serve.

8. Electronic communications and messages

You agree that we may communicate with you electronically: by email, by text message to the phone number you give us, through the Service, and through the AI assistant. Notices we send that way count as written notice. Message and data rates may apply to texts; reply STOP to any text to opt out of texts, which may limit features that rely on them. You consent to receiving service, account and legal notices this way even after you opt out of marketing.

9. Your content and your data

Your photos, invoices, contracts, emails, voice notes, chat messages and claim details ("Your Content") stay yours. So that we can run the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) licence to host, store, copy, process, analyze, display, transmit, back up and create derived files from Your Content (for example a photo report built from your photos), and to send it to the people you tell us to send it to. This licence lasts as long as needed to provide the Service to you, plus the retention periods in our Privacy Policy, and survives for copies already sent at your direction or that we must keep by law.

You confirm that you own or have the right to upload, store and send Your Content, including any photos of a property and any personal details of a homeowner, adjuster, crew member or other person, and that doing so breaks no law and no one's rights.

De-identified data. We may create and use data that no longer identifies you, your company, your customer or the property (for example carrier response times, offer-to-invoice ratios, pricing patterns, or the kinds of equipment used on storm jobs) for any purpose, including studying, improving, training and marketing the Service, for as long as we like. We will not publish anything that identifies you without your permission.

Feedback. If you send us ideas, suggestions or bug reports, we may use them freely without owing you anything.

10. Our property

The Service, including its software, design, text, templates, prompts, state summaries, images, trademarks and the name Claims Reaper, belongs to us or our licensors and is protected by law. You get a limited, revocable, non-exclusive, non-transferable right to use the Service for your own business under this Agreement, and nothing more. You may not copy, modify, resell, sublicense, scrape, reverse engineer, frame, or build a competing product from the Service, or remove any notice on it.

11. Sending emails and documents

Every email, letter or package the Service helps you prepare goes out only after you approve it, on every plan. On the Basic Automatic plan you send it from your own mailbox. On other plans, approving a send is your instruction to us to transmit it. Once approved, it is your communication, sent by you. Read it first. Do not approve anything you know or should know is false, misleading, altered or backdated. You, not we, are the sender of record for every message, and you are responsible for its content and for any consequence of it.

12. Acceptable use

You agree not to, and not to let anyone else:

• send false, inflated or misleading information, altered photos, forged signatures or backdated documents to anyone through the Service;
• use the Service to commit or help insurance fraud, or to waive, rebate or hide a deductible;
• use the Service on behalf of a homeowner or insured in a way that requires a public adjuster or other license you do not hold;
• use the Service to harass, threaten, defame or deceive anyone, or to send spam or unsolicited bulk messages;
• use the Service for anyone other than your own company and your own invoices, or share an account between companies;
• upload anything you have no right to share, anything illegal, or anything with malware;
• try to break into, probe, overload, disrupt, copy, scrape, crawl or reverse engineer the Service, bypass a limit or security control, or use automated tools against it without our written consent;
• use AI output from the Service to train a competing model or product;
• use the Service in a way that breaks any law or anyone's rights.

We may investigate, remove content, suspend or close your account, and report conduct to authorities, for any suspected violation, without notice and without liability to you.

13. Plans, AI usage, credits and payment

• Basic Automatic. The Basic Automatic plan includes a set amount of AI usage each week at no charge. The amount, how it is measured and what counts against it are set by us and shown in the Service.
• Prepaid credits. Past the free amount you can buy prepaid credits and use the Service pay as you go. There is no subscription. Credits are deducted at the rates in effect when you use them, are not refundable except where the law requires, are not redeemable for cash, may expire after the period we state when you buy them, and are personal to your account.
• Beta pricing. Free accounts created during beta stay free for 90 days after we announce paid plans; we'll email you first.
• Changes. AI usage limits, what counts as usage, credit pricing, and the features of any plan, including the Basic Automatic plan, can change at any time. We will post or email material changes; continued use after that is acceptance.
• Assisted and Full Service. These are priced in a separate written agreement before any work starts, and that agreement controls fees. We will not charge you for those plans without a signed agreement.
• Payment. You authorize us and our payment processor to charge the payment method you provide. You are responsible for taxes other than our income tax. Overdue amounts may bear interest at the lesser of 1.5% per month or the maximum the law allows, plus collection costs.

14. Third-party services

The Service relies on third parties: hosting, databases, email delivery, AI model providers, weather and public-records data, payment processing and analytics. We are not responsible for their availability, accuracy or acts. Links to other websites are provided for convenience; we do not control or endorse them.

15. Beta and experimental features

Some features may be marked beta, preview, experimental or similar. They may be incomplete, may change or disappear without notice, and are provided with no commitment at all. Everything in Sections 16 to 18 applies to them with extra force.

16. Disclaimer of warranties

THE SERVICE, ALL CONTENT, ALL AI OUTPUT AND ALL STATE INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY DRAFT, CAPTION, REPORT, SUMMARY OR ANSWER IS CORRECT, COMPLETE, LAWFUL OR SUITABLE FOR ANY PURPOSE, OR THAT THE SERVICE WILL MEET YOUR NEEDS OR PRODUCE ANY RESULT. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY.

17. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, NEXT MILLION AND ITS MEMBERS, MANAGERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS (THE "NEXT MILLION PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST CLAIMS, UNPAID OR UNDERPAID INVOICES, DENIED OR DELAYED INSURANCE PAYMENTS, LOST DATA, LOST GOODWILL, FINES, PENALTIES, LICENSING CONSEQUENCES OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE, ANY AI OUTPUT, ANY STATE INFORMATION OR THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF THE NEXT MILLION PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). THESE LIMITS APPLY TOGETHER, NOT SEPARATELY, AND ARE A FUNDAMENTAL PART OF THE BARGAIN; THE SERVICE WOULD NOT BE OFFERED WITHOUT THEM. SOME STATES DO NOT ALLOW SOME OF THESE LIMITS; IN THOSE STATES OUR LIABILITY IS LIMITED TO THE SMALLEST AMOUNT THE LAW PERMITS.

18. Indemnification

You will defend, indemnify and hold harmless the Next Million Parties from and against any claim, demand, suit, investigation, loss, liability, damage, fine, penalty, cost or expense (including reasonable attorneys' fees and costs) brought by any third party, including a homeowner, insurance company, adjuster, public adjuster, regulator, licensing board, attorney general or other government body, arising out of or related to: Your Content; your use of the Service or any AI output; your invoices, contracts, documents or communications; your collection or handling of any deductible or payment; your breach of this Agreement; your violation of any law, regulation or licensing rule; or your violation of anyone's rights. We may take over the defense of any matter at your expense, and you will not settle anything that admits fault or imposes obligations on us without our written consent.

19. Term and ending this agreement

This Agreement starts when you accept it and lasts until ended. You can close your account at any time by emailing us. We can suspend or end your access at any time, with or without notice, if you break this Agreement, if we are required to by law, if your use creates risk or liability for us or others, if you have not used the account for a long time, or if we stop offering the Service. Where we reasonably can, we will tell you first and give you a chance to export your claim files. On ending, your licence to use the Service stops, any unused credits are forfeited except where the law requires otherwise, and Sections 3 to 6 and 9 to 23 survive.

20. Governing law and disputes

This Agreement and any dispute between us are governed by the laws of the State of Florida and applicable US federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. Before starting any formal proceeding, email the address below with a description of the dispute, and we will try to resolve it within 30 days.

Binding arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement, the Service, Your Content or our relationship, including its existence, validity, scope and enforceability, will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, in Pinellas County, Florida, or by video at the arbitrator's direction. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this section. Either party may instead bring an individual claim in small claims court, and either party may seek an injunction in court to protect its intellectual property or confidential information.

No class actions. You and we agree that each of us may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any class or representative proceeding. If this paragraph is found unenforceable for a particular claim, that claim will be decided in a court in Pinellas County, Florida, and the rest of this section still applies.

Jury trial waiver. To the extent any dispute goes to court, you and we each knowingly waive any right to a jury trial.

Time limit. Any claim against us must be started within one year after it arises, or it is permanently barred.

21. Other terms

• This Agreement, our Privacy Policy, and any separate written plan or credit agreement are the whole agreement between us about the Service and replace every earlier discussion. A separate written plan agreement controls if it conflicts with this one.
• If any part of this Agreement is unenforceable, it will be enforced to the maximum extent possible and the rest stays in force.
• Our not enforcing a term is not a waiver of it.
• You may not assign or transfer this Agreement or your account without our written consent; any attempt is void. We may assign this Agreement to an affiliate or a successor of our business.
• We are not liable for delays or failures caused by events outside our reasonable control, including storms, floods, fires, outages at the providers we rely on, internet failures, labor disputes, government acts, and actions or inaction of insurance companies.
• Nothing here creates a partnership, joint venture, employment or agency relationship. You and we are independent contractors.
• You will comply with US export and sanctions laws and confirm you are not a prohibited person.
• We may give notice by email to the address on your account or through the Service. You give notice to us at the address below.
• Nothing in this Agreement limits any liability that cannot be limited by law.

22. Changes to these terms

We may update this Agreement. If a change materially reduces your rights or increases your obligations, we will email the address on your account at least 14 days before it takes effect; other changes take effect when posted. Using the Service after the effective date means you accept the change. The "Last updated" date at the top is the version you agreed to when you signed up, and we keep a record of which version you accepted and when.

23. Contact

Next Million Consulting LLC, maker of Claims Reaper. Email info@claimsreaper.com for anything about this Agreement.