Terms and Conditions

1. Agreement Between User and Clayem

Welcome to https://clayem.com. The Clayem website, mobile applications, and all related platforms and services (collectively, the “Platform”) are operated by Clayem, LLC (“Clayem,” “we,” “our,” or “us”). The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Platform constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy for your reference.

2. Description of Services

Clayem is an AI-powered insurance claims advocacy and public adjuster platform that represents policyholders in insurance claims disputes. Through the Platform, users can submit new or denied insurance claims, engage Clayem's licensed public adjusters, and manage their claims through resolution. Clayem evaluates policy coverage, documents damages, negotiates with insurance carriers, and advocates for maximum claim recovery on behalf of clients.

Clayem operates on a contingency-fee basis, earning 10–20% of any recovery above the insurer's initial offer, with no fees charged unless Clayem successfully recovers additional compensation for the client. The specific contingency fee percentage and terms applicable to your engagement will be set forth in a separate Client Engagement Agreement executed between you and Clayem.

3. Consent to AI-Powered Services

4. Privacy

Your use of the Platform is subject to Clayem's Privacy Policy, available at https://clayem.com/privacy. The Privacy Policy governs our collection, use, and disclosure of your personal information and is incorporated into these Terms by reference. Please review it carefully.

5. Electronic Communications

Visiting the Platform or sending emails to Clayem constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing.

You may withdraw your consent to receive electronic communications by contacting support@clayem.com. If you withdraw consent, we may not be able to provide certain services that require electronic delivery. Withdrawal of consent does not affect the legal validity of any electronic communication provided before your withdrawal.

6. Your Account

If you create an account on the Platform, you are responsible for maintaining the confidentiality of your account credentials and for restricting access to your devices. You agree to accept responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Clayem is not responsible for third-party access to your account that results from theft or misappropriation of your credentials. Clayem reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

7. User Content and Document Uploads

8. Age Requirement

The Platform is intended for use by individuals who are at least eighteen (18) years of age. By using the Platform, you represent and warrant that you are at least 18 years old. Clayem does not knowingly collect personal information from persons under the age of eighteen. If we become aware that a user is under 18, we will terminate their account and delete their personal information promptly.

9. Cancellation Policy

Clayem operates on a contingency-fee basis: if no insurance proceeds are recovered, no fee is owed. Clients may cancel their engagement at any time by providing written notice to support@clayem.com. Specific cancellation terms, rescission periods, and any fee obligations upon cancellation (including compensation for services rendered prior to cancellation) are governed by the Client Engagement Agreement executed between you and Clayem. In the event of a conflict between this section and the Client Engagement Agreement, the Client Engagement Agreement shall control.

10. Links to Third-Party Sites and Services

The Platform may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Clayem and Clayem is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Clayem provides these links only as a convenience, and the inclusion of any link does not imply endorsement by Clayem of the site or any association with its operators.

Certain services made available via the Platform are delivered by third-party providers. By using any product, service, or functionality originating from the Platform, you acknowledge and consent that Clayem may share information and data with third parties solely to the extent necessary to provide the requested service on your behalf, in accordance with Clayem's Privacy Policy and applicable data processing agreements. Clayem does not share your information with third parties for marketing purposes.

11. Intellectual Property and Prohibited Use

12. International Users

The Platform is controlled, operated, and administered by Clayem from our offices within the United States. If you access the Platform from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Platform in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

13. Indemnification

You agree to indemnify, defend, and hold harmless Clayem, its officers, directors, employees, agents, and third-party service providers, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of: (a) your use of or inability to use the Platform or services; (b) any User Content submitted by you; (c) your violation of any provision of these Terms; (d) your violation of any rights of a third party; or (e) your violation of any applicable laws, rules, or regulations. Clayem reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Clayem in asserting any available defenses.

14. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Montgomery County, Maryland. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction.

In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.

15. Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class, representative, or collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Clayem agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

16. Liability Disclaimer

17. Termination and Access Restriction

Clayem reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, with or without cause, upon notice to you. You may terminate your use of the Platform at any time by discontinuing use and, if applicable, canceling your account. Upon termination, your right to use the Platform ceases immediately. Sections that by their nature should survive termination (including Sections 3.5, 7.2, 11, 13, 14, 15, 16, and 18) shall survive.

18. Force Majeure

Clayem shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, cyberattacks, or the unavailability of third-party services on which the Platform depends (including AI model providers and cloud infrastructure providers). During any such event, Clayem's obligations shall be suspended for the duration of the event, and Clayem will use commercially reasonable efforts to resume performance as soon as practicable.

19. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Maryland, without regard to its conflict-of-laws principles. Subject to the arbitration provision in Section 14, you consent to the exclusive jurisdiction and venue of state and federal courts located in Montgomery County, Maryland for any disputes not subject to arbitration.

20. General Provisions

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Clayem as a result of these Terms or use of the Platform.

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remainder of the Terms shall continue in full force and effect.

These Terms, together with the Privacy Policy and any Client Engagement Agreement, constitute the entire agreement between you and Clayem with respect to the Platform and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

Clayem's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A printed version of these Terms shall be admissible in judicial or administrative proceedings to the same extent as other business documents originally maintained in printed form.

21. Changes to Terms

Clayem reserves the right to change these Terms at any time. We will notify you of material changes by email or by placing a prominent notice on the Platform at least 30 days before the changes take effect. The most current version will be posted on the Platform with an updated effective date. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms.

22. Contact Us

Clayem welcomes your questions or comments regarding these Terms: