--- title: EULA Draft v2 tags: [claimguard, ethics, legal, eula, draft] status: draft-pending-legal-review version: 2026-05-14.v2-draft created: 2026-05-13 updated: 2026-05-14 --- # 13 — EULA Draft v2 > [!warning] DRAFT — pending outside-counsel review > This is a working draft to be marked up by outside counsel. The current production system uses this exact text. Galen is the only user as of 2026-05-14, so updates to this file should be reflected in production via the deploy flow (sync to `claimguard-production/eula/v1.md`, bump `EULA_CURRENT_VERSION` in `wrangler.toml`, redeploy Worker + Pages). The "Notes for Galen's review" section at the end flags everything this draft punts on. > [!info] Change from v1 (2026-05-14) > **Removed the partner-firm opt-out option from Section 7.** v1 offered two paths: (a) opt out of attorney outreach while continuing to use ClaimGuard, or (b) delete your account. v2 consolidates to just (b) — deletion is the only mechanism to stop partner-firm contact via the ClaimGuard system. Users can still opt out of contact directly with the partner firm itself at any point (the firm's own intake practices and TCPA Section 6 of this EULA govern that). **Reviewer should confirm this still satisfies the Louisiana bar opinion's "opt out" requirement** described in [[08 — Ethical & Structural Notes]] — Galen's position is that the deletion path + direct-firm-opt-out together satisfy the requirement. --- ## Preamble You have just been through the unimaginable. You may be dealing with a hurricane, a fire, a flood, or some other event that has turned your home and your records upside down. You have questions about your insurance claim, and right now you are getting ads and solicitations from public adjusters, contractors, and law firms — all of whom want some of your insurance claim proceeds. **ClaimGuard is different. It is free, forever.** No one connected to ClaimGuard will ever take a percentage of your insurance claim proceeds. We built this tool to help you understand your own policy, read your own documents, and make your own decisions. This End User License Agreement ("Agreement") explains how ClaimGuard works, what we do with your information, and what you are agreeing to by using it. Please read it carefully. By tapping **I Accept**, you are agreeing to all of the terms below. --- ## 1. Who you are agreeing with ClaimGuard is operated by **ClaimGuard Systems Inc.**, a Delaware corporation ("ClaimGuard," "we," "us," "our"). When this Agreement uses "you," it means the person creating an account and using the service. ## 2. Acceptance You must affirmatively accept this Agreement before you can use ClaimGuard in any substantive way. Browsing the home page does not constitute acceptance. Tapping **I Accept** does. If you do not accept, the substantive features of ClaimGuard will not be available to you. ## 3. Eligibility To use ClaimGuard you must be at least 18 years old, a resident of the United States, and the named insured (or an authorized representative of the named insured) under the policy you are asking about. ClaimGuard is not available to minors or to users outside the United States. ## 4. What ClaimGuard is — and is not ClaimGuard is **software**, not a law firm. We help you understand your own claim by reading the documents you provide, interpreting policy language in plain English, and explaining how carriers typically respond to claims like yours. ClaimGuard does **not**: - Represent you in any legal matter. - Advise you on litigation strategy. - Accept retainers or fees of any kind from you. - Take a percentage, contingency, or referral fee of your insurance claim proceeds. - Replace consultation with a licensed attorney in your state for specific legal advice. Nothing you read in ClaimGuard creates an attorney–client relationship with ClaimGuard Systems Inc. ## 5. Partner law firms ClaimGuard works with a network of independent law firms ("Partner Firms") that handle property insurance disputes on a plaintiff side. The Partner Firms are separate entities from ClaimGuard Systems Inc. In the course of using ClaimGuard, the conversation you have with our software may reveal patterns — for example, a carrier delaying past statutory deadlines, an unreasonably low offer relative to documented damage, or denial language inconsistent with the policy — that suggest you may benefit from speaking with an attorney. **When that happens, we may share an intake summary of your conversation with a Partner Firm licensed in your state, and that firm may reach out to you.** By accepting this Agreement, you consent to ClaimGuard sharing the intake summary with a Partner Firm under the circumstances described above, and you understand that the Partner Firm may contact you. **This Agreement, by itself, does not constitute consent under the federal Telephone Consumer Protection Act (TCPA) for telephone or text-message contact.** See Section 6. ## 6. TCPA — telephone and text-message consent Federal law (TCPA, as updated by FCC rules effective January 27, 2025) requires that consent to receive marketing telephone calls or text messages be **specific to a single, identified seller**. We do not collect that consent in this Agreement. If a Partner Firm wants to contact you by phone or text message for marketing purposes, you will receive a separate, named consent prompt identifying that specific firm before any such contact occurs. You may decline that prompt at any time, and declining will not affect your continued use of ClaimGuard. Email contact and in-app messages are governed by Section 7 of this Agreement and do not require separate TCPA-style consent. ## 7. Account deletion - **Delete your account and history.** You may request, at any time, deletion of your account and the full conversation history associated with it. We will honor the deletion request within thirty (30) days. Deletion is irreversible; we cannot restore conversation history after it is deleted. Account deletion is the mechanism by which you stop any future sharing of your conversation with any Partner Firm; if a Partner Firm has already been alerted before your deletion, they may follow up with you one final time and must thereafter cease contact, as described in Section 5. - Note that the Partner Firm itself is an independent entity. If a Partner Firm contacts you, you may also instruct that firm directly to cease contact, separate from any action you take with ClaimGuard. ## 8. License grant We grant you a personal, non-exclusive, non-transferable, revocable license to use ClaimGuard solely for your own insurance-claim purposes, subject to this Agreement. ## 9. Prohibited uses You agree not to: - Use ClaimGuard on behalf of anyone other than yourself or a household member whose claim you are authorized to assist with. - Submit information that does not belong to you or that you do not have authority to share. - Use ClaimGuard to harass, defraud, or mislead a carrier, a public adjuster, or any other party. - Attempt to reverse-engineer, scrape, replicate, or compete with ClaimGuard. - Resell, sublicense, or commercialize any output of ClaimGuard. ## 10. Intellectual property All software, designs, content, and trademarks associated with ClaimGuard are owned by ClaimGuard Systems Inc. or its licensors. You retain ownership of the information you submit. By submitting information, you grant ClaimGuard a limited license to process it as described in this Agreement and our Privacy Policy. ## 11. Disclaimers of warranties ClaimGuard is provided **"as is" and "as available."** We make no warranty that ClaimGuard will be uninterrupted, error-free, or accurate in every case. **ClaimGuard is not a substitute for advice from a licensed attorney about your specific situation.** To the maximum extent permitted by law, ClaimGuard disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. ## 12. Limitation of liability To the maximum extent permitted by law, ClaimGuard Systems Inc. and its officers, directors, employees, and Partner Firms will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of your use of ClaimGuard. Our total liability to you under this Agreement will not exceed **one hundred U.S. dollars ($100.00)**. ## 13. Indemnification You agree to indemnify and hold harmless ClaimGuard Systems Inc., its officers, directors, employees, and Partner Firms from any claim arising out of (a) your breach of this Agreement, (b) your submission of information you did not have authority to submit, or (c) your use of any output of ClaimGuard in a manner inconsistent with this Agreement. ## 14. Dispute resolution and arbitration Any dispute arising out of or relating to this Agreement or your use of ClaimGuard will be resolved by **binding individual arbitration** administered by the American Arbitration Association under its Consumer Arbitration Rules, in Wilmington, Delaware. You and ClaimGuard each waive the right to a jury trial and the right to participate in a class action, class arbitration, or consolidated proceeding. *(See Notes for Galen's review — arbitration carve-outs and class-action waiver language not finalized.)* ## 15. Governing law This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The federal and state courts located in Wilmington, Delaware will have exclusive jurisdiction over any matter not subject to arbitration under Section 14. ## 16. Severability If any provision of this Agreement is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent. ## 17. Entire agreement This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and ClaimGuard regarding your use of ClaimGuard and supersedes any prior or contemporaneous understandings on the subject. ## 18. Updates to this Agreement We may update this Agreement from time to time. If we make a material change, we will require you to re-accept the updated Agreement before continuing to use ClaimGuard. The current version number and effective date appear at the top of this document. --- ## Notes for Galen's review This draft punts on several items that need a real legal pass before any production use: - **Arbitration carve-outs.** Section 14 imposes binding individual arbitration but does not carve out the small-claims-court option that many consumer arbitration clauses include for enforceability under recent FAA and state-court decisions. Decide whether to add. - **Class-action waiver language.** Section 14 includes a one-sentence waiver. Most enforceable class-action waivers include a specific severability rule (if the waiver is unenforceable in a given jurisdiction, the entire arbitration clause falls away, not just the waiver). Not drafted here. - **Specific data retention numbers.** Section 7 says deletion happens within thirty days. The Privacy Policy will need to state the default retention horizon for non-deleted accounts (one year? indefinite? until inactivity threshold?). Not addressed here. - **Privacy Policy is referenced but not drafted.** Section 17 incorporates the Privacy Policy by reference. That document needs to exist and address CCPA, biometric data (probably N/A for ClaimGuard but worth confirming), and the specifics of what we share with Partner Firms. - **TCPA scope.** Section 6 assumes Partner Firm outreach is "marketing" under TCPA. If a Partner Firm initiates contact in response to a fired trigger, regulators or plaintiffs' counsel could argue that's solicitation requiring one-to-one consent. The separate-prompt design is the conservative path; final design decision belongs to Galen. - **Limitation of liability cap.** $100 is the placeholder. Some consumer-protection regimes (notably California) won't enforce a cap that low. Confirm with local counsel before locking in. - **Eligibility — "authorized representative."** Section 3 lets an authorized representative of the named insured use ClaimGuard. The mechanics of how that authorization is captured (a checkbox? a separate attestation?) need a UX answer before this clause is enforceable. - **State-specific addenda.** Even under the software-not-advice framing in [[08 — Ethical & Structural Notes]], some states (notably Texas and Florida on public-adjuster solicitation rules) may require disclosure language in the EULA itself. Final pass should consider adding state-specific addenda. - **Plain-English version.** The current draft is plain enough for most sections but the arbitration, indemnification, and limitation-of-liability sections lean legalese. A second pass with a plain-English summary at the top of each section would improve enforceability against unconscionability challenges and reduce user friction. - **Version stamp and re-acceptance UX.** Section 18 references a version number and effective date "at the top of this document" — the production EULA needs a real version-tracking scheme tied to the `eula_acceptances` table in [[04 — Database Schema]]. ## Related - [[00 — Index]] - [[08 — Ethical & Structural Notes]] — bar opinion and software-not-advice framing - [[12 — Brand Positioning & Marketing Voice]] — anti-extraction preamble source - [[04 — Database Schema]] — `eula_acceptances` table this document is versioned against