Terms of Service

Effective date: September 26, 2026

These Terms of Service (the "Terms") are a binding agreement between ExpertCaseTools ("ExpertCaseTools," "we," "us," or "our") and the organization that registers for or uses the ExpertCaseTools service (the "Customer"). The individual who accepts these Terms on the Customer's behalf represents that they have authority to bind the Customer. By creating an account, clicking to accept, or using the Service, the Customer agrees to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Definitions

• "Service" means the ExpertCaseTools web application, its features and integrations, and related documentation and support, as updated from time to time.
• "User" means an individual the Customer authorizes to access the Service under the Customer's account, such as its employees and contractors.
• "Customer Data" means all data, documents, and content submitted to, uploaded to, connected to, or generated within the Service by or for the Customer or its Users, including data retrieved from connected email accounts or calendars.
• "AI Output" means any content generated by an artificial-intelligence or large-language-model feature of the Service, such as extracted tasks, dates, times, import mappings, or reports.
• "Third-Party Services" means services not provided by us that the Customer or its Users connect to or use with the Service, including email providers, Google Calendar, and AI providers.
• "Order" means any online sign-up, plan selection, invoice, or written order form that references these Terms and describes the Service plan and fees.

2. Eligibility and accounts

2.1 The Service is offered only for business and professional use, to organizations and individuals acting in a professional capacity in the United States. It is not offered to consumers for personal, family, or household purposes. Users must be at least 18 years old.

2.2 The Customer must provide accurate registration information and keep it current. The Customer is responsible for all activity under its account and its Users' accounts, for its Users' compliance with these Terms, and for promptly removing access for Users who should no longer have it.

2.3 Each User must keep their credentials confidential, may not share accounts, and should enable multi-factor authentication. The Customer must notify us immediately at [email protected] of any suspected unauthorized access. We are not liable for losses caused by unauthorized use of credentials that were not the result of our breach of these Terms.

3. Access to the Service

3.1 Subject to these Terms and payment of applicable fees, we grant the Customer a non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Service, and to permit its Users to do so, solely for the Customer's internal business purposes.

3.2 We may update, improve, or modify the Service from time to time. We will not materially reduce the core functionality of a paid Service plan during the then-current paid term. We may discontinue a feature, including an integration that depends on a Third-Party Service, if the third party changes or discontinues its service or terms.

3.3 We may offer beta, preview, or trial features. They are provided "as is," may be changed or withdrawn at any time, and are excluded from any service commitments.

4. Customer responsibilities

The Customer represents, warrants, and covenants that:

• it has, and will maintain, all rights, licenses, consents, authorizations, and legal bases necessary to submit Customer Data to the Service and to permit us to process it as described in these Terms and the Privacy Policy, including any consents required from its own clients or from individuals named in Customer Data;
• its submission and use of Customer Data complies with all applicable laws and with every protective order, confidentiality order or agreement, sealing order, discovery rule, retention agreement, and ethical or professional rule that applies to that data (including rules governing expert witnesses and privileged or confidential litigation materials);
• it is solely responsible for the accuracy, quality, and legality of Customer Data and of how it uses the Service's output, including invoices, reports, and AI Output; and
• it will maintain its own independent copies of Customer Data it is legally or professionally required to retain, and will not rely on the Service as its sole system of record.

5. Protected health information and sensitive data

5.1 The Customer acknowledges that the Service is a general case-management and billing tool. Unless the Customer and ExpertCaseTools have executed a separate written Business Associate Agreement ("BAA"), ExpertCaseTools is not a "business associate" of the Customer under HIPAA and its implementing regulations, and nothing in these Terms creates such a relationship.

5.2 Without a BAA in place, the Customer is solely responsible for determining whether it may lawfully upload records containing protected health information ("PHI") -- for example, medical records produced to it in litigation under a protective order or authorization -- and for ensuring that doing so complies with HIPAA (if applicable to the Customer), state medical-privacy laws (including California's Confidentiality of Medical Information Act), and any governing order or agreement.

5.3 The Customer shall not use the Service to store payment-card data, Social Security numbers, government identification numbers, or bank account credentials except as strictly necessary to a matter and as permitted by law, and shall not submit any data subject to export-control or classified-information restrictions.

6. Acceptable use

The Customer and its Users shall not, and shall not permit anyone to:

• use the Service in violation of any law or regulation, or to infringe, misappropriate, or violate any person's intellectual-property, privacy, or other rights;
• upload or transmit malware, or content that is unlawful, defamatory, harassing, or obtained without authorization;
• attempt to access another customer's data or any system or account without authorization, or probe, scan, or test the vulnerability of the Service without our prior written consent;
• interfere with or disrupt the integrity or performance of the Service, or impose an unreasonably large load on our infrastructure;
• copy, modify, create derivative works of, reverse engineer, decompile, or disassemble the Service, except to the extent such restrictions are prohibited by law;
• resell, sublicense, rent, lease, or provide the Service to third parties, or use it as a service bureau or to build a competing product;
• access the Service by automated means other than through interfaces we provide, or circumvent any usage limit or security control; or
• use the Service to send unsolicited commercial email or in violation of anti-spam laws.

7. Artificial-intelligence features

7.1 Certain optional features use AI providers to analyze Customer Data and produce AI Output, as described in the Privacy Policy. Email task extraction uses an AI provider selected and configured by the Customer or User; the Customer is responsible for its agreement with, and the conduct of, any AI provider it configures, including any server it operates itself.

7.2 AI Output may be inaccurate, incomplete, or out of date. It may misidentify, omit, or misstate tasks, deadlines, dates, times, parties, or amounts. AI Output is provided as a convenience only, is not legal, medical, financial, or professional advice, and must be independently reviewed and verified by a qualified person before the Customer relies on it -- including before relying on any date as a court, filing, disclosure, discovery, deposition, or other deadline. The Customer is solely responsible for calendaring and meeting its own deadlines and professional obligations.

7.3 As between the parties, and to the extent permitted by law, the Customer owns AI Output generated from its Customer Data, subject to our rights in the Service itself.

8. Third-Party Services

The Service can interoperate with Third-Party Services the Customer or its Users choose to connect. By connecting a Third-Party Service, the Customer authorizes us to access and exchange Customer Data with it as needed to provide the connected feature. Third-Party Services are governed by their own terms and privacy policies; we do not control them and are not responsible for their availability, security, accuracy, acts, or omissions, or for any change to or discontinuation of them (including expiration or revocation of access tokens). Use of Google Calendar is also subject to Google's terms.

9. Fees, billing, and taxes

9.1 The Customer shall pay the fees stated in the applicable Order or on our then-current pricing page. Unless an Order states otherwise, fees are billed in advance for each subscription period, are due within 30 days of invoice (or immediately upon charge, for card payments), are payable in U.S. dollars, and are non-cancellable and non-refundable except as expressly stated in these Terms or required by law.

9.2 Subscriptions automatically renew for successive periods of the same length unless either party gives notice of non-renewal before the end of the then-current period through the Service or by email. We may change fees for any renewal period by giving at least 30 days' notice before the renewal.

9.3 Overdue amounts may accrue a late charge of 1.5% per month or the maximum rate permitted by law, whichever is lower, and we may suspend the Service under Section 13 if any undisputed amount remains unpaid more than 15 days after notice. The Customer must raise any good-faith billing dispute within 60 days of the invoice date.

9.4 Fees exclude taxes. The Customer is responsible for all sales, use, value-added, withholding, and similar taxes associated with its purchase, other than taxes on our net income.

9.5 Any free or trial access is provided at no charge, "as is," and may be ended by us at any time.

10. Customer Data

10.1 Ownership. As between the parties, the Customer retains all right, title, and interest in and to Customer Data.

10.2 License to us. The Customer grants ExpertCaseTools and its subprocessors a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Data solely as necessary to provide, secure, support, and maintain the Service, to comply with law, and as otherwise described in the Privacy Policy. We will not sell Customer Data, use it for advertising, or use it to train generalized AI models.

10.3 Aggregated data. We may collect and use technical and usage information that has been aggregated or de-identified so that it does not identify the Customer, any User, or any individual, to operate, secure, and improve the Service.

10.4 Export and deletion. During the subscription term the Customer may export Customer Data using the Service's export features. After an account is closed, Customer Data is retained for 30 days (during which the closure can be cancelled and data exported) and is then permanently deleted, as described in the Privacy Policy. We have no obligation to retain Customer Data after that period.

10.5 Legal requests. If we receive a subpoena or other legal demand for Customer Data, we will, where legally permitted, promptly notify the Customer and reasonably cooperate (at the Customer's expense) with its efforts to seek a protective order, and will disclose only what we are legally required to disclose.

11. Intellectual property

11.1 The Service, including its software, design, text, graphics, trademarks, and all related intellectual-property rights, is owned by ExpertCaseTools and its licensors. Except for the limited rights expressly granted in these Terms, no rights are granted to the Customer, by implication or otherwise.

11.2 If the Customer or its Users provide suggestions or feedback, we may use them without restriction or obligation, provided we do not identify the Customer publicly as their source without consent.

12. Confidentiality

12.1 "Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or that a reasonable person would understand to be confidential, including Customer Data (which is the Customer's Confidential Information) and non-public aspects of the Service (which are ours). Confidential Information does not include information that is or becomes public through no fault of the recipient, was known to the recipient without restriction before disclosure, is independently developed without use of the discloser's information, or is rightfully received from a third party without restriction.

12.2 The recipient shall use the discloser's Confidential Information only to perform under these Terms, shall protect it using at least reasonable care, and shall disclose it only to its employees, contractors, and subprocessors who need to know it and are bound by obligations at least as protective. The recipient may disclose Confidential Information as required by law, after giving the discloser prompt notice where legally permitted.

13. Suspension

We may suspend access to all or part of the Service, with notice where practicable, if (a) we reasonably believe the Customer's or a User's use poses a security risk to the Service or others, may subject us to liability, or violates Section 6; (b) undisputed fees are overdue as provided in Section 9.3; or (c) required by law. We will limit the suspension in scope and duration to what is reasonably necessary and restore access once the underlying issue is resolved.

14. Term and termination

14.1 These Terms remain in effect while the Customer has an account or uses the Service.

14.2 The Customer may close its account at any time from the Service. Closure takes effect at the end of the then-current paid period unless the Customer elects immediate closure; prepaid fees are not refundable except as stated in Section 14.3.

14.3 Either party may terminate for material breach that remains uncured 30 days after written notice. If the Customer terminates for our uncured material breach, we will refund prepaid fees for the unused remainder of the term. We may terminate immediately on notice for a violation of Section 6 or if the Customer becomes insolvent.

14.4 Upon termination, the Customer's right to use the Service ends, the Customer shall pay all accrued fees, and Customer Data will be handled as described in Section 10.4. Sections 4, 5, 7.2, 8, 9 (as to accrued amounts), 10.3, 10.4, 11, 12, and 15 through 20 survive termination.

15. Warranties and disclaimers

15.1 We warrant that, during a paid subscription term, the Service will perform materially in accordance with its documentation, and that we will not intentionally introduce malicious code into it. The Customer's exclusive remedy for breach of this warranty is for us to use commercially reasonable efforts to correct the non-conformity or, if we cannot do so within a reasonable time, for either party to terminate the affected subscription and for us to refund prepaid fees for the unused remainder of the term.

15.2 Except as expressly provided in Section 15.1, the Service, AI Output, and all Third-Party Services are provided "as is" and "as available." To the maximum extent permitted by law, ExpertCaseTools disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and those arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, or secure, that AI Output or synchronized calendar entries will be accurate or complete, or that the Service will meet any legal, regulatory, or professional requirement applicable to the Customer. The Service is not a substitute for the Customer's own professional judgment, docketing, or calendaring procedures.

16. Limitation of liability

16.1 To the maximum extent permitted by law, in no event will either party be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenues, business, goodwill, or data, or for any missed deadline, sanction, malpractice claim, or loss of a legal matter, however caused and under any theory of liability, even if advised of the possibility of such damages.

16.2 To the maximum extent permitted by law, each party's total cumulative liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees paid and payable by the Customer to ExpertCaseTools in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

16.3 The exclusions and limits in this Section 16 do not apply to the Customer's payment obligations, a party's indemnification obligations, or a party's liability for gross negligence, willful misconduct, or fraud, or to the extent such liability cannot be limited under applicable law. The parties agree these limitations are an essential basis of the bargain and apply even if a limited remedy fails of its essential purpose.

17. Indemnification

17.1 By the Customer. The Customer shall defend, indemnify, and hold harmless ExpertCaseTools and its owners, officers, employees, and agents from and against any third-party claim, and resulting losses, damages, fines, penalties, costs, and reasonable attorneys' fees, arising from (a) Customer Data, including any claim that its submission or processing violated a law, protective order, confidentiality obligation, HIPAA or other privacy law, or a third party's rights; (b) the Customer's or its Users' breach of these Terms or misuse of the Service; or (c) the Customer's reliance on AI Output or on the Service in connection with its professional services.

17.2 By us. We shall defend the Customer against any third-party claim alleging that the Service, as provided by us, infringes a U.S. patent, copyright, or trademark or misappropriates a trade secret, and pay resulting damages finally awarded or agreed in settlement. We have no obligation for claims arising from Customer Data, Third-Party Services, combinations with items not provided by us, or modifications not made by us. If the Service is or may become subject to such a claim, we may procure a right to continue use, modify the Service to be non-infringing, or terminate the affected subscription and refund prepaid fees for the unused term. This Section states our entire liability for infringement claims.

17.3 Procedure. The indemnified party must give prompt written notice of the claim, allow the indemnifying party sole control of its defense and settlement (provided no settlement imposes liability or an admission on the indemnified party without its consent), and provide reasonable cooperation at the indemnifying party's expense.

18. Dispute resolution; binding arbitration; class-action waiver

18.1 Informal resolution. Before starting arbitration or a court action, a party must send the other a written notice describing the dispute and the relief sought, and the parties shall attempt in good faith to resolve it for 30 days. Notices to us go to [email protected].

18.2 Agreement to arbitrate. Except as provided in Section 18.5, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the parties' relationship, including the interpretation, scope, validity, or enforceability of this arbitration agreement, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act governs this Section 18.

18.3 Location and procedure. The arbitration will be seated in [COUNTY] County, California, and may be conducted by videoconference or on written submissions where the arbitrator permits. The arbitrator may award any relief available in court on an individual basis and shall issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own attorneys' fees except where the arbitrator awards them under applicable law or these Terms.

18.4 Class-action and jury waiver. Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one customer or preside over any form of representative proceeding. The parties waive any right to a jury trial.

18.5 Exceptions. Either party may (a) bring an individual action in small-claims court for claims within its jurisdiction, and (b) seek temporary, preliminary, or permanent injunctive relief in court to protect its intellectual-property rights or Confidential Information or to prevent unauthorized use of the Service, without first following Section 18.1.

18.6 Mass filings. If 25 or more substantially similar demands are filed against us by or with the assistance of the same counsel or coordinated parties, the demands will be administered in batches under the AAA's mass-arbitration procedures, and the statute of limitations will be tolled for demands awaiting administration.

18.7 Severability. If the class-action waiver in Section 18.4 is found unenforceable as to a particular claim, that claim (and only that claim) shall be severed and heard in court under Section 19, stayed pending completion of any arbitration. If any other part of this Section 18 is found unenforceable, the remainder remains in effect.

18.8 Right to opt out. The Customer may opt out of this arbitration agreement by emailing [email protected] within 30 days after first accepting these Terms, stating the Customer's name, account email, and a clear statement that it opts out of arbitration. Opting out does not affect any other part of these Terms.

18.9 Limitation period. To the extent permitted by law, any claim must be brought within one (1) year after it arises, or it is permanently barred.

19. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 18. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 18, the state and federal courts located in [COUNTY] County, California have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.

20. General

20.1 Changes to these Terms. We may modify these Terms by posting the updated version and notifying Customer administrators by email or through the Service at least 30 days before material changes take effect (or sooner where required by law or to address security or legal requirements). Continued use after the effective date constitutes acceptance. If the Customer objects to a material change, its sole remedy is to stop using the Service and, for a paid plan, to receive a pro-rata refund of prepaid fees for the unused term. Changes to Section 18 will not apply to disputes of which we had notice before the change.

20.2 Notices. We may give notice by email to the Customer's account administrators or through the Service. Notices to us must be sent to [email protected]. Notices are effective on receipt.

20.3 Assignment. The Customer may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets. Any prohibited assignment is void.

20.4 Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, internet or utility failures, attacks, or failures of Third-Party Services.

20.5 Independent contractors. The parties are independent contractors; nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship. We do not provide legal, medical, or expert-witness services.

20.6 Export and sanctions. The Customer shall comply with U.S. export-control and sanctions laws and represents it is not located in, or owned or controlled by a person in, a sanctioned jurisdiction.

20.7 Government users. The Service is commercial computer software provided to government users only with the rights granted to all other customers under these Terms.

20.8 Entire agreement; order of precedence. These Terms, the Privacy Policy, any Order, and any BAA or other written addendum signed by both parties are the entire agreement regarding the Service and supersede all prior agreements and understandings. If they conflict, a signed addendum prevails, then an Order, then these Terms. Terms in a Customer purchase order or other Customer form have no effect.

20.9 Waiver; severability. A failure to enforce a provision is not a waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest remains in effect.

20.10 Electronic acceptance. The parties consent to conducting this transaction electronically, and these Terms may be accepted electronically with the same effect as a signed writing.

20.11 Headings. Headings are for convenience only; "including" means "including without limitation."

21. Contact

ExpertCaseTools
Support: [email protected]
Legal notices: [email protected]

California users: under Civil Code section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.