Terms of Service

These Terms of Service (the "Terms") govern access to and use of the Hesper AI website at gethesperai.com and the Hesper AI platform, applications and APIs (together, the "Services"). The Services are provided by Hesper PN, Inc., a Delaware corporation doing business as Hesper AI ("Hesper," "we," "us"), of 680 2nd Street, San Francisco, CA 94107.

By accessing the Services you accept these Terms. If you are accepting on behalf of an organisation, you represent that you have authority to bind it, and "you" means that organisation. You must be at least 18 years old.

The Services are intended for insurance organisations and their authorised representatives. They are not intended for, and must not be used by, consumers or claimants.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes in the administration, investigation and resolution of insurance claims, for the duration of your subscription or evaluation.

You are responsible for your account credentials, for enabling multi-factor authentication, and for all activity under your account. Notify us promptly at security@gethesperai.com of any suspected unauthorised use.

You must not deny, delay, reduce, rescind or otherwise adversely resolve any claim, and must not refer any person to a regulator or law enforcement agency, solely or automatically on the basis of output generated by the Services.

Every adverse claim determination and every fraud referral must be independently reviewed and approved by a qualified human employee or licensed representative of your organisation who has authority to make that determination and who has considered the underlying claim record.

You are solely responsible for your claim determinations, for compliance with unfair claims settlement practices laws, and for the adequacy of your own review procedures. The limitations of liability in these Terms are premised on this section.

The Services use artificial intelligence, including large language models and probabilistic machine-learning techniques. Output is probabilistic, not deterministic.

The Services may produce output that is incomplete, inaccurate, out of date, internally inconsistent, or that asserts facts, citations, documents or events that do not exist. This is a known and inherent characteristic of the technology and is not, by itself, a defect. The Services may fail to identify fraud that is present, and may identify indicators of fraud where none exists.

We do not warrant the accuracy, completeness or fitness of any output for any particular claim determination. Output is not legal, medical, actuarial, underwriting or claims-adjudication advice, and is not a substitute for the judgment of a qualified claims professional, licensed adjuster, investigator or attorney.

Not a consumer reporting agency

Hesper does not assemble or evaluate consumer information for the purpose of furnishing consumer reports to third parties and is not a consumer reporting agency under the Fair Credit Reporting Act or any state analogue. Output is generated for you from your own claim records and is not a consumer report. You must not use the Services or their output as a consumer report or investigative consumer report, or for any FCRA-permissible-purpose determination, including underwriting eligibility, rate-setting, employment or tenant screening, without first notifying us and entering a separate written agreement.

Not an insurer, adjuster or licensed investigator

Hesper is not an insurer, reinsurer, producer, third-party administrator, public or independent adjuster, or licensed private investigator. We do not adjust claims, determine coverage, negotiate settlements or conduct licensed investigative activity. Where an activity you direct through the Services would, if performed by a person, require a licence in a given jurisdiction, you are responsible for ensuring it is performed or supervised by your own appropriately licensed personnel.

Not legal advice

Nothing we provide, including output, denial rationales, referral packages or templates, constitutes legal advice or creates an attorney-client relationship.

You retain all right, title and interest in the data you submit, and you own the investigation output generated from it. You may use that output without restriction, including in claim files, denial letters, litigation, regulatory filings and referrals.

You grant us a limited licence to host, copy, transmit and process your data solely to provide, secure and support the Services for you, and to comply with law. That licence ends when the data is deleted.

You are responsible for having the rights, consents and lawful bases necessary to submit data to the Services. Our handling of personal information is governed by our Privacy Policy and, for customers, our Data Processing Addendum.

We retain your data for the duration of the subscription term, unless you instruct us otherwise in writing. You may at any time tell us to apply a shorter retention period, to delete identified data, or to hold data for longer, and we will give effect to that instruction within 30 days, subject only to a legal requirement or litigation hold.

On termination you may export your data for 30 days, after which we delete it from production within 60 days and from backups within a further 90 days. You, not Hesper, are the system of record for your claim files - you remain responsible for retaining records sufficient to meet your own regulatory obligations.

Your use is subject to our Acceptable Use Policy. In summary, you must not use the Services:

• to investigate anyone not reasonably connected with a claim you are administering
• for underwriting, employment, tenant or credit decisions
• to harass, stalk, intimidate or surveil any individual
• to make or support any decision that unlawfully discriminates
• to act adversely on a claim without the human review required above
• to access any third-party data source for which you lack a licence and permissible purpose
• to reverse engineer the Services, extract model weights, or build a competing product or model
• to submit payment card data - the Services are not PCI-DSS compliant

We may suspend access for a material violation, for a security or legal requirement, or for non-payment more than 30 days overdue. Except in an emergency, we will give notice and a reasonable opportunity to cure, and will keep any suspension as narrow and short as reasonably possible.

Where the Services interoperate with industry databases or third-party data sources - including ISO ClaimSearch, NICB, motor vehicle records or NMVTIS - you are responsible for obtaining and maintaining your own licence, membership, credentials and permissible-purpose determination for each source.

Hesper does not resell, sublicense or provide access to any such source. Where we access one, we do so as your agent, at your direction, using your credentials.

Fees, volumes and billing terms are set out in your order form. Undisputed invoices are payable within the period stated there. Amounts not paid when due accrue interest at the lesser of 1% per month or the maximum permitted by law. Fees exclude taxes.

Our fees are never contingent on the number, value or outcome of claim denials, recoveries, referrals or fraud findings. We do not want, and will not create, any commercial incentive to influence a claim determination.

Free trials and evaluation access are provided as is, without service levels or warranties, and may be modified or ended at any time.

We own and retain all right, title and interest in the Services, the underlying software, models, model weights, algorithms, know-how and documentation, and all improvements to them. No rights are granted except those expressly stated in these Terms.

You own the investigation output generated from your data, as described above. That does not transfer any right in the Services themselves or in any template, heuristic or component of general applicability embodied in output.

If you send us suggestions or feedback, we may use them without restriction or compensation, in de-identified and non-confidential form, provided we do not incorporate your data or confidential information.

We warrant that we will provide the Services in a professional and workmanlike manner and that the Services will perform materially in accordance with our documentation.

Except as expressly stated, the Services are provided "as is." We disclaim all other warranties, express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not warrant that the Services will be uninterrupted or error-free.

Beta, preview and evaluation features are excluded from all warranties and service levels.

This section applies to the content published on gethesperai.com - including our blog, research reports, glossary, comparison pages, calculators and marketing materials - as distinct from the platform itself.

Information only

Website content is published for general information. While we take reasonable care to ensure it is accurate and current, we do not warrant that it is free from errors or omissions, and we accept no liability for any errors, omissions, or for any result obtained from the use of that information. Content may become out of date, and we are under no obligation to update it.

Not advice

Nothing on this website is legal, regulatory, compliance, actuarial, underwriting, financial or claims-handling advice, and no reader should act or refrain from acting on it without taking their own professional advice. Our content frequently discusses insurance regulation - including NAIC model laws and bulletins, state insurance data security and antifraud requirements, HIPAA, the FCRA and the EU AI Act. Regulation differs by jurisdiction, changes frequently, and applies differently to different organisations. We describe our understanding at the time of writing; we do not represent that it is complete, current, or applicable to your circumstances.

No contractual commitment

Website content does not constitute an offer, a representation on which any person may rely, or any express or implied contractual commitment on our part. Descriptions of features, performance, benchmarks, statistics, case studies, roadmap items and integrations are illustrative and do not create any warranty. Nothing on this website forms part of any agreement between us unless it is expressly incorporated into a document signed by both parties. Where website content conflicts with a signed agreement or order form, the signed document governs.

Changes to the website

We reserve the right to modify, suspend, correct or remove any part of this website, including any content, at any time and without notice.

External links

This website may link to third-party websites and other internet sources. We do not control those sources and are not responsible for them - including their content, advertising, products, services, security or privacy practices. A link is not an endorsement. We accept no liability for any loss or damage, actual or alleged, arising from your use of, or reliance on, any content, goods or services available on or through any linked source. Your use of a third-party site is governed by that site's own terms.

Nothing in this section limits any liability that cannot be excluded under applicable law.

Neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business opportunity or loss of goodwill, however caused.

Except as stated below, each party's total aggregate liability arising out of or related to these Terms will not exceed the fees paid or payable by you in the twelve months immediately preceding the event giving rise to the claim. Where the Services are provided without charge, that cap is one hundred US dollars (US$100).

These caps do not apply to your obligation to pay fees, to either party's fraud, wilful misconduct or gross negligence, to your breach of the licence restrictions or infringement of our intellectual property, or to liability that cannot be limited under applicable law.

These limitations are an essential basis of the bargain, reflect the allocation of risk between the parties, and apply notwithstanding the failure of essential purpose of any limited remedy.

These Terms apply for as long as you access the Services. Subscription terms, renewal and notice periods are set out in your order form.

Either party may terminate for material breach that is not cured within 30 days of written notice, or immediately if the breach cannot be cured. Either party may terminate immediately on the other's insolvency.

On termination, your licence ends, accrued fees become payable, and your data is exported and deleted as described above. You may continue to use output generated before termination. Terms relating to data rights, confidentiality, disclaimers, liability and governing law survive.

We may update these Terms. We will post the updated version here with a revised date and, for material changes affecting customers, give at least 30 days' notice to the contact on file.

We will not unilaterally change these Terms or any incorporated policy in a way that materially reduces your rights during a paid subscription term. We may update the Acceptable Use Policy and Security documentation during a term only to increase protections or to meet a legal requirement.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

The parties submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware. Each party waives any right to a trial by jury. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Before filing suit, other than for injunctive relief or non-payment, the parties will escalate the dispute to an executive of each party for good-faith resolution for 30 days.

Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all assets on notice. We are independent contractors; nothing here creates a partnership, joint venture or employment relationship. If a provision is unenforceable it will be modified to the minimum extent necessary and the rest continues in effect. Failure to enforce is not a waiver. There are no third-party beneficiaries.

Neither party will use the other's name, logo or trademarks in marketing without prior written consent.

Any preprinted or click-through terms on a purchase order or procurement portal are void and of no effect, even if we acknowledge the purchase order.

Questions about these Terms: legal@gethesperai.com. Security issues and responsible disclosure: security@gethesperai.com. Privacy and data rights: privacy@gethesperai.com.

Hesper PN, Inc. (d/b/a Hesper AI), 680 2nd Street, San Francisco, CA 94107, United States.