Terms of Service

• Your Licenses: You are solely responsible for obtaining and maintaining all licenses, certifications, and authorizations required for your work — including any public-adjuster, contractor, or Xactimate licenses — and for complying with the terms and conditions of any third-party software you use in connection with the Service (including Verisk/Xactware end-user license agreements). ESXPress does not grant, renew, or verify any such license.
• Carrier & Customer Rules: You are responsible for complying with the rules, deadlines, and submission requirements of any insurance carrier, program, or customer to whom you submit output generated with the Service. ESXPress does not represent that any output will be accepted by any carrier.
• Professional Judgment: Output from the Service is a starting point, not a final estimate. You must apply your own professional judgment — and that of any licensed professionals you engage — before using, submitting, or acting on any output.

ESXPress is a cloud-based platform that automates the conversion of insurance scope-of-loss PDFs — including those issued by carriers and independent adjusters — into Xactimate ESX files ready for import. The Service uses AI-assisted extraction to identify line items, map Xactimate SEL codes, apply regional pricing, and structure the output as a standards-compliant .esx file.

Platform features — available depending on your subscription tier — include:

• PDF-to-ESX Conversion: Upload one or more scope PDFs and receive downloadable .esx files.
• AI Copilot: Build, modify, and supplement line items using natural-language prompts in a chat interface.
• Denial Response Generator: Generate IRC-referenced rebuttal letters for line items denied or reduced by insurance carriers.
• Photo-Scope: Upload jobsite photos for AI-powered damage detection and scope generation.
• Profit Calculator: Real-time overhead and profit splits, trade-level cost breakdowns, and margin analysis.
• Batch Export: Generate ESX files for multiple claims simultaneously.
• REST API: Programmatic access for integration with CRMs, workflow tools, and custom applications.
• White-Label: Custom domain, branding, and client-facing portals for agencies and enterprises.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice to active subscribers. New features are subject to these Terms.

You must be at least 18 years old to create an account. By registering, you represent that you are of legal age and have the authority to bind any organization on whose behalf you use the Service.

• Account Information: You agree to provide accurate, current, and complete information during registration and to keep it updated. You are responsible for safeguarding your password and for all activity under your account.
• Single-User Accounts: Each account is for a single named user. Sharing credentials with other individuals is prohibited. Multi-user organizations must purchase the appropriate device licenses.
• Device Limits: Your subscription tier defines a maximum number of concurrent device sessions. We monitor session activity and may suspend access if device limits are exceeded.
• Account Security: You must notify us immediately at [email protected] of any unauthorized use of your account. We are not liable for losses caused by unauthorized access where you failed to secure your credentials.
• Demo Accounts: We may offer demo accounts with preloaded sample data for evaluation purposes. Demo accounts are reset periodically and any data entered is not retained.

• 14-Day Free Trial: New users are eligible for a 14-day free trial when subscribing to a paid plan. Starting on the free plan is card-free. At the end of the trial period, access to paid features is suspended unless you subscribe to a plan.
• Beta Access: From time to time, promotional pricing and discount codes may be offered. Beta-period discounts are locked in for the lifetime of an uninterrupted subscription. If you cancel or your subscription lapses, the beta rate is forfeited, and standard pricing applies on re-subscription.
• Beta-Only Limitations: During beta, feature availability, uptime commitments, and support response times may differ from the published service level descriptions. Beta users acknowledge that the Service is still evolving and may contain defects.

ESXPress offers the following subscription tiers. Plan details are published on our Billing page and incorporated into these Terms by reference.

• Billing Period: Subscriptions are billed monthly or annually in advance via Stripe. By providing a payment method, you authorize us to charge all fees to that method. You represent that you are authorized to use the payment method you provide.
• Auto-Renewal: Subscriptions renew automatically at the end of each billing period until you cancel. We send a renewal reminder before any recurring charge. There are no hidden fees: the only charges on your card are the published subscription price, applicable taxes disclosed on your invoice, and any overage charges described below. You can turn off auto-renewal at any time from your Dashboard settings or by contacting [email protected] — cancellation takes effect at the end of the current billing period, and you will not be charged again after that date.
• Annual Billing: Annual plans are billed once per year at a discounted rate. Annual subscribers receive 17% off (Professional, Enterprise, Volume+) or 10% off (Starter) versus monthly billing.
• Conversion Limits: Each plan includes a monthly conversion allowance, reset on the first calendar day of each month. Unused conversions do not roll over.
• Conversion Limits at Cap & Overage Rates: Each plan includes a monthly conversion allowance, reset on the first calendar day of each month. Unused conversions do not roll over. You’ll get an email when you reach 80% of your plan’s monthly allowance. Past your cap, additional conversions are billed at your tier’s overage rate — $8.50 per file on Starter, $6.00 per file on Professional, and $4.50 per file on Enterprise — until your allowance resets on the first day of the next month, or until you add a credit pack or upgrade. Overage charges appear on your next invoice. Volume+ includes unlimited conversions — there is no cap, so overage rates never apply.
• Add-Ons:The API & Integrations add-on ($49/month) is available for Starter and Professional plans and is included at no additional charge for Enterprise and Volume+ tiers.
• Price Changes:We may change subscription pricing with 30 days’ advance notice. Price changes apply to your next renewal date. If you do not agree to a price change, you may cancel before the renewal.
• Taxes: All prices are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes.

• Cancellation: You may cancel your subscription at any time from your Dashboard settings or by contacting [email protected]. Cancellation takes effect at the end of your current billing period. You retain access to paid features until that date.
• 14-Day Money-Back Guarantee: If you are not satisfied with the Service, you may request a full refund of your first paid invoice within 14 days of that first charge — no questions asked. To request it, contact [email protected] with your account details within the 14-day window. The 14-day trial itself requires a card to start but you are not charged until the trial ends; if you cancel during the trial, you are never charged.
• No Refunds for Partial Periods: After the 14-day money-back window, subscriptions are non-refundable. We do not provide refunds or credits for partial billing periods, unused conversions, or periods where your account was inactive. If you cancel mid-period, your subscription remains active until the period ends, but no refund is issued.
• Annual Plan Cancellation: Annual subscribers who cancel mid-term retain access until the end of the annual period but are not entitled to a pro rata refund.
• Exceptional Circumstances: Refund requests outside this policy are evaluated on a case-by-case basis at our sole discretion. To request an exception, contact [email protected] with your account details and the reason for the request.
• Termination by Us: We may suspend or terminate your account for violation of these Terms with or without prior notice. If we terminate your account for a violation, no refund will be provided. If we discontinue the Service entirely, we will provide pro rata refunds for prepaid periods.

You agree to use ESXPress only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:

• Use the Service in violation of applicable professional licensing laws, including engaging in unlicensed public adjusting or claim representation. You are solely responsible for ensuring that your use of the Service and any generated output complies with the licensing and regulatory requirements of your state and profession.
• Use the Service to generate, submit, or facilitate fraudulent insurance claims or to knowingly include false or inflated line items in any generated ESX file.
• Share your account credentials with any other person or allow multiple individuals to access the Service through a single account beyond the device limits of your subscription tier.
• Attempt to reverse-engineer, decompile, or extract the source code of the Service, except as expressly permitted by applicable law for interoperability purposes.
• Use the Service to process documents containing malware, viruses, or malicious code.
• Use automated means (scraping, bots, scripts) to access the Service outside of the published REST API, or exceed rate limits on API endpoints.
• Upload any content that is unlawful, harassing, defamatory, invasive of privacy, or infringes on the intellectual property rights of others.
• Resell, sublicense, or otherwise commercially exploit the Service without a written reseller agreement with us.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure.

We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions, including reporting to law enforcement authorities and terminating the offending account without refund.

• Your Content:You retain all ownership rights to the PDFs, images, data, and other materials you upload to ESXPress (“User Content”). We do not claim ownership of your User Content.
• License to Process: By uploading User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and transmit your User Content solely as necessary to provide the Service to you (for example, to extract line items, run AI analysis, and generate ESX files). This license ends when you delete your User Content or your account.
• De-Identified Data License:For User Content consisting of insurance scope-of-loss documents, you grant ESXPress a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to process, de-identify, aggregate, and extract functional line items, Xactimate SEL codes, and price ratios from such documents, and to use the resulting de-identified, aggregated data — which contains no names, addresses, claim numbers, policy numbers, phone numbers, email addresses, or other personal information — to build, maintain, and improve the Service’s conversion catalog and pricing reference data. This license survives termination of your account solely with respect to de-identified, aggregated data; it does not transfer ownership of, or grant us any right to publicly disclose, your identifiable User Content.
• Generated Output: ESX files, denial letters, and other output generated by the Service based on your User Content are yours to use. However, you remain solely responsible for reviewing and verifying all generated output before use.
• Data Deletion: You may delete your conversions and uploaded files at any time from your Dashboard. Upon account termination, your User Content is permanently deleted within 30 days. We may retain anonymized, aggregated data for analytics and service improvement.
• AI Processing: When you use AI-powered features (Copilot, Denial Generator, Photo-Scope), your content is transmitted to third-party AI providers for processing. Uploaded content is not used by those providers to train their models. See our Privacy Policy for details.
• Anonymized Product Improvement Data:By creating an account and accepting these Terms, you grant ESXPress permission to use your uploaded scope PDFs — in ANONYMIZED form only — to improve the Service’s parsing accuracy (layout training). What we collect is limited to layout structure: detected section names, line-item column patterns, and extraction method. We do not collect or retain names, addresses, claim numbers, policy numbers, phone numbers, email addresses, or any other personal information in the improvement dataset. Anonymization is applied programmatically before any data enters the dataset, and tenant identity is stored only as an irreversible salted hash. You may opt out at any time — at signup (uncheck the consent box) or afterward by emailing [email protected]; opted-out accounts are excluded from the improvement dataset immediately. Opting out never affects your ability to use the Service.

• Our IP:The ESXPress platform — including its source code, algorithms, user interface design, logos, trademarks, service marks, documentation, and the “ESXPress” name — is the exclusive intellectual property of Off By Two LLC, protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership interest.
• Feedback:If you provide us with feedback, suggestions, or ideas about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback into the Service without compensation or attribution.
• Third-Party Marks: Xactimate is a registered trademark of Verisk Analytics, Inc. (Xactware is a Verisk company). CapOut is a trademark of CapOut, Inc. ESXPress is an independent product and is not affiliated with, endorsed by, or sponsored by Verisk, Xactware, or Xactimate. All third-party trademarks are the property of their respective owners and are referenced for informational and compatibility purposes only.
• ESX File Format: The Xactimate ESX file format is a proprietary format. ESXPress generates .esx files designed for compatibility with Xactimate desktop software. We do not claim ownership of the ESX format, and the output files we generate are for use with properly licensed copies of Xactimate.

The Service integrates with third-party platforms and services, including but not limited to:

• Stripe — Payment processing. Payment data is handled exclusively by Stripe. We never see or store your full payment card details.
• Supabase — Database and authentication infrastructure.
• Cloudflare — DNS, CDN, and DDoS protection.
• AI Model Providers — AI-powered features rely on third-party large language models for text extraction and generation.

We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is subject to their respective terms and policies. We may modify or replace third-party providers at any time with reasonable notice to affected users.

• API Availability: REST API access is available at the Enterprise and Volume+ tiers, or as a paid add-on for Starter and Professional plans. API access is authenticated via JWT bearer tokens.
• Rate Limits: API endpoints are subject to rate limits (requests per minute) published in our API documentation.
• Fair Use: We may throttle or suspend API access if usage patterns are excessive, abusive, or degrade the Service for other users. We will attempt to provide advance notice where practical.
• API Keys: You are responsible for securing your API keys and tokens. Any activity performed with your API credentials is attributed to your account.

• Uptime Commitment: We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be unavailable during scheduled maintenance, which we will announce in advance when practical.
• Enterprise SLA: Volume+ subscribers receive a 99.9% uptime service level agreement. Credits for SLA breaches are issued per the service credit schedule published on our SLA page and must be requested in writing.
• Force Majeure: We are not liable for delays or failures in performance caused by events beyond our reasonable control, including but not limited to natural disasters, network outages, acts of government, cyberattacks, or failures of third-party infrastructure providers.

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS OUR LIABILITY TO YOU.

• No Indirect Damages: To the maximum extent permitted by applicable law, Off By Two LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to loss of profits, revenue, business, data, or goodwill — arising out of or related to your use of the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.
• Cap on Liability: Our total aggregate liability for any claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amount you paid to us for the Service during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
• Waiver of Consequential Damages for Claim-Processing Errors: To the maximum extent permitted by applicable law, you waive any claim for consequential, indirect, incidental, or special damages — including lost profits, lost business opportunities, claim denials, underpayments, or penalties — arising out of or related to errors, omissions, or inaccuracies in the claim-processing, conversion, extraction, or AI-analysis features of the Service. Your sole and exclusive remedy for such errors is limited to the fee-based cap on liability set forth above. This waiver does not apply where prohibited by law, including to the extent it would be unenforceable for consumer claims under applicable state law.
• Specific Disclaimers: Without limiting the foregoing:
  • Final Review Responsibility: ESXPress is an estimation utility tool. You retain 100% sole responsibility for reviewing, auditing, verifying, and approving all line items, quantities, pricing, and scopes in Xactimate or .ESX files prior to carrier or client submission. We are not liable for errors, omissions, or inaccuracies in ESX files generated by the Service.
  • We are not liable for claim denials, underpayments, or financial losses resulting from your use of generated denial letters or supplement suggestions.
  • We are not liable for the accuracy of AI-generated content or for decisions you make based on such content.
• State Law Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless Off By Two LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service;
• Your violation of these Terms or applicable law;
• Your failure to obtain or maintain any license required for your work, or your breach of any third-party license or agreement (including Verisk/Xactware terms) applicable to software or data you use with the Service;
• Your estimates, ESX files, denial letters, or other output generated using your account — including any claim that such output is inaccurate, incomplete, or caused a loss;
• Your User Content, including any claim that your User Content infringes a third party’s rights;
• Any claim, dispute, or legal action by an insurance carrier or third party relating to ESX files, denial letters, or other output generated using your account.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, OFF BY TWO LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components; that ESX files generated will be accurate, complete, or compatible with all versions of Xactimate; that AI-generated content will be factually correct or legally sound; or that defects will be corrected.

No Guarantee of Import Success: We do not guarantee that any output file will import successfully into Xactimate, XactAnalysis, or any other third-party software. Import behavior depends on the version, configuration, licensing, and regional settings of the third-party software you use, which are outside our control. You are responsible for testing output files in your own environment before relying on or submitting them.

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law principles.
• Venue: Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Tulsa County, Oklahoma. You consent to the personal jurisdiction of such courts.
• Informal Resolution: Before filing a formal legal claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally. We will work with you in good faith to reach a resolution.
• Time Limit: Any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after the claim or cause of action arose, regardless of any statute or law to the contrary.
• Class Action Waiver: You agree to resolve disputes with us on an individual basis. You waive any right to participate in a class action, class-wide arbitration, or consolidated proceeding.

• Modifications: We may modify these Terms at any time. Material changes will be communicated via email to the address associated with your account at least 30 days before the changes take effect.
• Continued Use: Your continued use of the Service after the effective date of revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and cancel your account before the changes take effect.
• Review Responsibility: The most current version of these Terms is always available at esxpress.org/terms. We encourage you to review the Terms periodically.

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable Data Processing Addendum, constitute the entire agreement between you and Off By Two LLC regarding the Service and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers must be in writing and signed by an authorized representative.
• Assignment: You may not assign or transfer these Terms, or your rights and obligations under them, without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
• Relationship: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Off By Two LLC.
• Survival: Sections concerning intellectual property, limitation of liability, indemnification, disclaimer of warranties, and governing law shall survive termination of these Terms.

For questions about these Terms, to report a violation, or to exercise any legal rights related to your account, contact us: