Terms of Service.

01 · Acceptance, business identity, and project terms

These Terms govern use of onyxclaims.com and estimating services offered under the Onyx Claims trade name ("Onyx," "we," "us," or "our") to contractors and other businesses ("Client," "you," or "your"). The legal contracting party, if different from the trade name, will be identified in the applicable quote, invoice, work authorization, or other written project terms.

By using the website, you agree to the website-use provisions of these Terms. A service engagement begins only after scope and commercial terms are confirmed in writing. The written project terms and these Terms form the agreement for that engagement. Project-specific terms control if they expressly conflict with these Terms.

02 · Scope of services

Onyx prepares contractor-focused, line-item property estimates and related documentation from photographs, measurements, notes, diagrams, scopes, and other information supplied or approved by the Client. Unless expressly included in written project terms, Onyx does not visit or inspect a property, test materials, measure the site, investigate cause of loss, identify concealed conditions, verify code requirements, or independently confirm Client-supplied information.

Deliverable format, timing targets, included revisions, and fees are established privately for each engagement. The website does not promise a fixed price, line-item count, project value, approval result, savings amount, or turnaround time.

03 · Estimate limitations and required review

Each deliverable is a project-specific estimating aid based on the information and assumptions available when prepared. It is not a construction bid or contract, property appraisal, physical inspection, engineering or architectural opinion, environmental or mold assessment, code-compliance determination, cause-of-loss opinion, warranty, or guarantee of actual cost.

Labor, material, equipment, taxes, permits, code requirements, availability, market conditions, contractor methods, concealed damage, and site conditions can change the scope or price. The Client must compare every deliverable with current site conditions, applicable requirements, and its own pricing before relying on, modifying, signing, or submitting it. The Client remains solely responsible for its bid, contract, pricing, work, representations, and legal or licensing obligations.

04 · Insurance and professional-service boundary

Onyx is an independent estimating and documentation service. Onyx is not a public adjuster, insurance adjuster, insurer, attorney, engineer, architect, appraiser, restoration consultant, or expert witness. Onyx does not represent or advise a policyholder; prepare, file, negotiate, adjust, advocate, or settle an insurance claim on a policyholder's behalf; interpret an insurance policy; determine coverage; communicate with an insurer as a policyholder's representative; or represent any person in a claim, appraisal, or legal proceeding.

A deliverable may be used by an authorized contractor as one input in its own project or claim-related workflow, but it is not insurance advice and does not promise carrier acceptance, coverage, approval, settlement, payment, or any particular outcome.

05 · Client authority and responsibilities

• Provide accurate, complete, current, and lawfully obtained project information and promptly identify changes or errors.
• Have all rights, authority, licenses, and consents needed to request the work and share property-owner, project, and claim-related information with Onyx.
• Send only information reasonably necessary for the project. Do not send Social Security numbers, full payment-card or bank credentials, medical records, passwords, biometric data, or unrelated sensitive information.
• Review every deliverable against actual site conditions and applicable requirements before use or submission.
• Determine whether the deliverable is suitable for the Client's business, contractual, regulatory, licensing, and insurance-related obligations.
• Remain responsible for every downstream submission, modification, representation, negotiation, contract, or other use of the deliverable.

06 · Third-party software, data, and trademarks

When requested and lawfully available under applicable access and license terms, Onyx may use third-party estimating software to prepare a deliverable. The Client receives only the deliverable and rights expressly stated in these Terms or the written project terms; no software, database, pricing data, interface, template, or other third-party intellectual property is sold, sublicensed, or transferred.

Xactimate® is a registered trademark of Xactware Solutions, Inc. References to Xactimate identify software compatibility only. Onyx is independent and is not affiliated with, endorsed by, certified by, or sponsored by Xactware Solutions, Inc. or Verisk. All third-party names and marks belong to their respective owners. Availability and permitted use remain subject to the applicable third-party terms; these Terms do not expand any software license.

07 · Quotes, fees, revisions, cancellation, and taxes

Fees, deposits, payment timing, included corrections, additional-scope charges, cancellation or refund treatment, and any applicable taxes or third-party fees are stated in the written quote, invoice, or work authorization. Onyx may pause work until required information and payment arrangements are complete. New trades, rooms, structures, documents, or materially changed facts may require additional time, a revised scope, or a revised quote. Unless the written project terms state otherwise, fees already earned for completed work are non-refundable.

08 · Ownership, license, and no third-party reliance

The Client retains ownership of materials it supplies and grants Onyx a limited license to use, reproduce, transmit, and store those materials only as reasonably necessary to evaluate, prepare, deliver, secure, and support the requested work. Onyx retains its general methods, internal processes, know-how, and reusable tools, excluding Client-owned information.

After full payment, the Client may use the completed deliverable for the specific project for which it was prepared. The deliverable is prepared solely for the Client and that project. No insurer, property owner, lender, consultant, subcontractor, or other third party may rely on it as an Onyx representation or acquire rights against Onyx without Onyx's express written agreement.

09 · Privacy and confidentiality

Personal information is handled as described in the Privacy Policy. Each party will use reasonable care to protect the other party's non-public project and business information and will use it only for the engagement. Confidentiality does not cover information that is public through no breach, already lawfully known, independently developed, or lawfully received from another source without a duty of confidentiality.

Onyx may disclose information to personnel and service providers who reasonably need it to perform or support the work and are subject to applicable duties or terms, and may disclose information when required by law, subpoena, court order, or valid legal process. No electronic transmission or storage system can be guaranteed completely secure.

10 · Acceptable use

You may not use the website, communications, or services to submit information you are not authorized to share; request false, fabricated, misleading, deceptive, inflated, or unlawful work; misrepresent a deliverable's source or purpose; violate insurance, privacy, licensing, intellectual-property, consumer-protection, or other applicable law; probe or interfere with security; introduce harmful code; or access, reproduce, reverse engineer, or redistribute Onyx or third-party materials without authorization.

11 · Client indemnity

To the maximum extent permitted by law, the Client will defend, indemnify, and hold harmless Onyx and its owners, personnel, and service providers from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys' fees to the extent arising from: (a) materials the Client was not authorized to provide; (b) materially inaccurate, incomplete, misleading, or outdated Client information; (c) the Client's unlawful, misleading, or unauthorized modification, submission, representation, or use of a deliverable; or (d) the Client's material breach of these Terms or the written project terms. This obligation does not apply to the extent a claim is caused by Onyx's gross negligence or willful misconduct or where prohibited by law.

12 · Disclaimers and limitation of liability

To the maximum extent permitted by law, the website, services, and deliverables are provided "as is" and "as available." Onyx disclaims express, implied, statutory, and other warranties, including accuracy, completeness, merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, carrier acceptance, code compliance, and financial or insurance outcome. Onyx is not responsible for decisions or losses caused by inaccurate, incomplete, concealed, or outdated inputs; Client or third-party changes; site conditions; market changes; or use outside the agreed purpose.

To the maximum extent permitted by law, Onyx will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, business, use, data, contracts, or opportunity; cost of substitute services; project delay; or a carrier's, owner's, contractor's, or other third party's decision. Onyx's aggregate liability arising from a specific paid engagement will not exceed the fees actually paid to Onyx for that engagement. These exclusions and limits do not apply to liability that cannot lawfully be excluded or limited.

13 · Refusal, suspension, termination, and force majeure

Onyx may refuse, pause, or terminate an engagement when required information or payment is missing; a request appears inaccurate, unlawful, misleading, unsafe, outside scope, or inconsistent with professional standards; or continuing would create material legal, licensing, security, or reputational risk. Onyx is not liable for delay or failure caused by events beyond its reasonable control, including outages, disasters, severe weather, labor or supply disruption, government action, or failure of a Client or third-party provider.

Accrued payment obligations and provisions concerning ownership, permitted use, confidentiality, indemnity, disclaimers, liability, disputes, and general terms survive termination where applicable.

14 · Disputes and governing law

Before starting a formal proceeding, each party will give written notice describing the dispute and allow at least 30 days for good-faith informal resolution. These Terms are governed by Virginia law, without regard to conflict-of-law rules.

The following arbitration provision applies to a service engagement only if these Terms are incorporated into the written project terms or otherwise accepted in writing by both parties. Unless a project-specific written agreement states otherwise, a covered dispute not resolved informally will be decided by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration may proceed remotely or at another location agreed by the parties or determined under the applicable rules. Either party may bring an eligible individual action in small-claims court or seek temporary or injunctive relief for misuse of intellectual property or confidential information. To the extent permitted by law, jury trials and class, collective, consolidated, and representative proceedings are waived.

15 · General terms

Onyx acts as an independent contractor and does not become the Client's agent, fiduciary, partner, joint venturer, employee, insurer, representative, or claims advocate. These Terms and the written project terms are the entire agreement for the engagement and replace prior discussions about the same subject. No third party is a beneficiary. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions remain effective. Failure to enforce a provision is not a waiver.

The Client may not assign an engagement without Onyx's written consent, except as part of a lawful business transfer. Onyx may use qualified service providers and may assign an engagement as part of a business transfer. Electronic communications, records, approvals, and signatures may be used. Headings are for convenience only.

16 · Changes and contact

We may update these Terms to reflect changes in the website, services, or law. The posted "Last updated" date identifies the current version. Changes apply prospectively when posted unless a later date is stated. Material changes affecting an active engagement will be addressed through the applicable written project communication.