These Terms govern your use of the NearSight platform ("NearSight," "the Service," "we," "us"). By creating an account, submitting payment, or using the Service, you agree to these Terms on behalf of yourself and the company you represent ("you," "Customer").
NearSight is software. It analyzes insurance carrier estimates you upload and produces draft scope documentation, suggested line items, and supporting references for your review.
NearSight does not adjust insurance claims. We are not a public adjuster, insurance producer, attorney, or your representative in any claim. We do not contact carriers, negotiate claims, advocate on your behalf, or make coverage determinations. All output is a draft for your licensed professionals to evaluate, modify, and submit under their own authority and license. Final decisions on coverage and payment rest solely with the insurance carrier.
You are responsible for reviewing every item NearSight generates before using it, and for ensuring your use complies with the licensing and claims-handling laws of your jurisdiction.
Your first month is refundable if the Service does not improve your supplement recovery, provided all of the following conditions are met:
An account that goes unused, or that submits fewer than ten claims during the period, does not qualify for this refund. The guarantee measures the Service's performance on your claims; it cannot be evaluated on claims never submitted.
Where all conditions are met, we refund your first month in full to the original payment method within 14 days. This guarantee applies once per Customer and to the first paid month only.
You retain all ownership of the estimates, claim files, and other material you upload ("Customer Data"). You grant us a limited licence to process Customer Data solely to provide the Service to you.
You represent and warrant that you have the necessary rights and permissions to upload Customer Data, including any personal information of property owners or third parties contained in claim documents, and that doing so does not violate any law or agreement binding on you.
You agree not to: use the Service unlawfully; submit material you lack the right to submit; attempt to access another customer's data; reverse engineer the Service; or resell or provide the Service to third parties without our written consent.
NearSight uses automated and machine-learning systems, including third-party AI processors, to analyze documents. Output is probabilistic, not authoritative. It may contain errors, omissions, incorrect pricing, or misapplied code references.
We make no representation that any line item will be accepted by a carrier, that any particular recovery amount will be achieved, or that generated code citations are correct or current for your jurisdiction. Any figures shown on our website or in marketing material are illustrative industry estimates and are not a projection of your results. You must independently verify every output before submitting it to a carrier.
We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. The Service may be unavailable for maintenance, updates, or reasons outside our control. Processing times vary with document size and system load.
Each party will protect the other's non-public information with at least reasonable care and use it only to perform under these Terms.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR CLAIM PROCEEDS NOT OBTAINED.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You will defend and indemnify us against claims arising from your use of the Service, your submission of documentation to carriers, your handling of third-party personal information, or your breach of these Terms.
We may suspend or terminate access for non-payment, breach of these Terms, or use that creates legal risk. On termination you may export your data for 30 days, after which we may delete it.
We may update these Terms. Material changes take effect at your next renewal, and we will give notice by email or in the application. Continued use after that date constitutes acceptance.
These Terms are governed by the laws of the State of [STATE], without regard to conflict of laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in [COUNTY, STATE]. [If you prefer arbitration and a class-action waiver, have counsel draft that clause — it is enforceable only if properly worded.]
These Terms, together with our Privacy Policy, are the entire agreement between the parties regarding the Service and supersede prior discussions. If a provision is unenforceable, the remainder stays in effect. A signed written agreement between the parties, if any, controls over these Terms to the extent of a conflict.
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