Terms of Service

1. Introduction ‍

Welcome to CaseMark AI, Inc. (“Company”, “we”, “our”, “us”)! These Terms of Service (the “Terms” or “Terms of Service”) govern your (“you”, “customer,” “subscriber”) use of our platform for legal tech services (the “Service” or “Platform”) accessible at https://casemark.com. (the “Site”). These Terms of Service apply to your use of the Site, Services and products of CaseMark AI, Inc., during trial periods, proof of concepts and ongoing usage, and form any agreement between you and the Company. Our Software as a Service (SaaS) agreement or enterprise agreement between you and the Company may also govern the use of certain of our subscription services and are considered an additional supplement to these Terms.

2. Acceptance of these Terms

Access to the Site and Service. By accessing and using our Service through the Site, you agree to be bound by these Terms and our Privacy Policy . In addition to these Terms, you must also comply with any applicable last and any other policies or guidelines related to the Service and Platform we make available for you. If you disagree with any part of the Terms or such policies, then you may not access the Service.

‍ Your rights to use and access the Site and Service are subject to the following restrictions: (a)  you may not use the Service or Platform for any illegal, harmful or abusive activity; (b) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site except as provided in these Terms; (c) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site except as provided in these Terms or any other agreement between you and the Company; (d) you shall not access the Site in order to build a similar or competitive website, product, or service; (e) you shall not use the Service or Platform in a way that infringes, misappropriates or violates the rights of any third party; (f) except as expressly stated in these Terms or pursuant to any written agreement between you and the Company, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (g) represent any Output Data was human-generated when it was not; or (h) interfere or disrupt the Service or Platform. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

3. Content

User Content. You may provide information to the Service including information, data and any other content you may upload, post, input, submit or use with the Site (“User Data”), and receive output from the Service based on such User Data (the “Output Data” and, together with the User Data, the “Content”). You are solely responsible for all User Data, and assume all risks associated with use of such User Data. You hereby represent and warrant to us that you have all rights, licenses and/or permissions to use and input the User Data into the Platform. Subject to any applicable laws, you retain your ownership in and to the User Data and any interest in and to the Output Data.  You grant us a worldwide, royalty-free, and non-exclusive license to copy, distribute, and display User Data only for the purpose of providing the Service. We do not use your data to train our AI models or to sell to third-parties.

Content Accuracy. Due to the evolving nature of artificial intelligence and machine learning, the use of the Service and Platform may result in Output Data that does not accurately reflect people, places or facts, and should be checked for accuracy. Prior to relying on Output Data, you should review and evaluate the Output Data for accuracy, incorrectness, completeness and offensiveness; such incomplete, incorrect or offensive Output Data shall not be deemed to be representative of any views of the Company. Output Data may reference third parties, including third party products or services, but such reference should not be interpreted to mean that such third party endorses or is affiliated with the Company. We are continuously updated and improving the Service to ensure reliability and accuracy.  

Our Ownership Rights . We and our affiliates own all rights, title and interest in and to the Service and the Platform, including all intellectual property rights, copyrights, patent, trademarks and trade secrets. Neither these Terms nor your access to the Site, Platform or Services transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except as expressly granted in these Terms.

Data Retention and Deletion . We retain customer data for a period of 30 days. After this period, all customer data will be permanently deleted from our systems. Exceptions can be made for enterprise customers who may require extended data retention periods. Enterprise customers should contact us to learn more about these accommodations. ‍

‍ 4. Accounts and Access

Registration. To use our Service, you may need to create an account, which requires you to provide accurate and complete information and keep your account information updated. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. If you are creating an account on behalf of another person or entity, you are representing to us that you have the authority to access the Site, Platform and Service and accept these Terms on their behalf.  We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You agree to immediately notify us of any unauthorized (or suspected unauthorized) use of your account.

Age. You must be at least 18 years of age to use the Service. If you are under 18 years of age, you are not permitted to use the Service, access the Site or Platform, or register for an account.

One Account Per Person. Each individual may register for and maintain only one (1) account on the Platform. You may not create multiple accounts, including by using different email addresses, aliases, or other identifying information, to circumvent usage limits, obtain additional free trials, promotional credits, or other benefits intended for new users, or for any other purpose. If we determine, in our sole discretion, that you have created or are operating multiple accounts, we reserve the right to: (a) suspend or terminate any or all of your accounts; (b) revoke any free trial credits, promotional credits, or other benefits obtained through duplicate accounts; (c) consolidate your accounts into a single account; and/or (d) charge you for any credits or benefits improperly obtained. This restriction does not apply to separate accounts legitimately created on behalf of different legal entities or organizations with our prior written approval.

5. License and Restrictions ‍

Subject to these Terms, we grant you a non-exclusive, non-transferable, and limited right to access and use our Service. You may not rent, lease, lend, sell, redistribute, reproduce, or sublicense the Service. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service. ‍

6. Billing and Payment ‍

Payment can be made through a valid credit card or debit card and are subject to validation checks and authorization by Your card issuer. CaseMark reserves the right at any time to change its billing methods. All payments due are in U.S. dollars.

Internal purchases are processed using the Payment Method you provide on the CaseMark Platform / application. If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you've selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize CaseMark to charge the payment method you provide(your "Payment Method"). ‍ Company will bill Customer for use of the Service at time of delivery in the amount and on the volume and frequency indicated in the purchase or Subscription. All prepaid and point of delivery amounts are non-refundable. Customer agrees to maintain valid and up-to-date credit-card billing information on file with the Company. No additional notice or consent is required for the foregoing authorizations. Customer will pay all reasonable expenses incurred by the Company in collecting late payments, including attorneys' fees. Company may suspend or downgrade Customer's account if fees are not paid when due.

Timeline of payment; disputes . Invoices for fees that are payable by check or ACH(as set forth in an Order Form) must be paid in full in accordance with the payment terms stated in the Order Form. Fees that are payable by credit card(as set forth in an Order Form) must be paid in full upon purchase of theService. In addition to any other rights it may have hereunder, CaseMark retains the right to suspend your access to the Service (or any portion thereof) in theevent of any late payments. Unpaid amounts may be subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law,whichever is lower, plus all expenses of collection (including reasonable attorney’s fees) that we may incur.

Refunds and Cancellations CaseMark offers Pay As You Go pricing (Pay Go).  There are no refunds on Pay-Go purchases. Pay-As-You-Go supports the immediate purchase of a specific Service such as a Summary, at a stated price.

Free Trials, Promotions and Proof of Concepts. Any Free Trials, Promotions, or Proof of Concepts made available through the Service are governed by these Terms of Service. Free trials and promotional credits are limited to one (1) per individual, regardless of the number of email addresses or accounts associated with that individual. Any attempt to obtain multiple free trials or promotional offers through the creation of additional accounts constitutes a violation of these Terms and may result in account termination pursuant to Section 10. Changes. The prices, features, and options of the Services depend on the Product or Subscription selected by the Customer. Company has the right to adjust the prices, features, or options included in the Paid Customer Services, provided that the changes shall not take effect until the next Term. Company informs the Paid Subscription Customer of any changes in the prices, features, or options for the subsequent renewal by a written notice no later than 60 days prior to the end of the previous Term. Reliability . Company does not offer any specific uptime guarantee for the Services. The Services are not intended to be reliable or available 100% of the time, or error-free. In addition, proper functioning of the Services depends on connectivity, internet connection, network, and other infrastructure which the Company is not responsible for. Company shall not be responsible for such interruptions and any consequences thereof. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. Customer agrees that it will not be entitled to any refund or rebate for such suspensions.

Any customers on an Enterprise or other subscription model remain subject to these terms, in addition to the applicable Enterprise agreement between the Company and such customers.

7. Privacy; Third Party Services.

Your privacy is important to us. Please read our Privacy Policy for information about how we collect, use, and disclose your personal information. The Service, Platform or Site, may include third party vendors and hosting partners which provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Such third party services and third party output are subject to their own terms and we are not responsible for them. 8. Data Protection and Security

We implement security measures designed to protect your data from unauthorized access, disclosure, or accidental loss or destruction of your personal information, username, password, transaction information, and data stored on our Service. However, we cannot guarantee absolute security.

9. Copyright Policy

If you believe that your intellectual property rights have been infringed please send notice to the address below. We reserve the right to disable, delete or terminate any accounts or content that we, in our sole discretion, believe violates these Terms or is alleged to infringe on the rights of others. If providing a written claim, please include: (a) a description of the copyrighted work subject to such claim, (b) a description of where the allegedly infringing material is located on the Platform, (c) contact information including address, telephone number, email address associated with your account, (d) a statement that (I) your claim is accurate and, under penalty of perjury, that you are the copyright holder or authorized to act on such copyright holder’s behalf; and (II) the claim is made on the good-faith believe that the use is not authorized, and (e) you physical or electronic signature. You can contact us at support@casemark.com or CaseMark AI Inc., 500 SW 116th Ave Suite 110, Portland, OR 97225

10. Termination ‍

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, the following:

• Your breach of the Terms or any other policy provided to you by the Company;

• To comply with any applicable laws;

• Your use poses risk to us or any third party;

• The expiration or any business account or subscription pursuant to any agreement between you and the Company; or

• Your delinquency in payment of any fees due on your account.

If you believe your account has been terminated in error, you can contact us at support@casemark.com .

11. Limitation of Liability; Warranties.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, PLATFORM OR SERVICE, INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SITE, INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE SITE, INCLUDING ANY CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTY THAT THE SITE, INCLUDING ALL CONTENT, SOFTWARE, PRODUCTS, SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

To the extent any country or state does not allow the disclaimer of certain warranties, some or all of the terms in this section may not apply to you or your use of the Service, and you may have additional rights. In such case, the Terms shall limit our responsibilities to the maximum extent permissible in your country or state of residence.

THE COMPANY’S SUPPLIER, LICENSORS, DISTRIBUTORS AND AFFILIATES SHALL BE CONSIDERED THIRD PARTY BENEFICIARIES OF THIS SECTION.

12. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law provisions.

You and the Company hereby agree to try to resolve any disputes prior to taking any formal legal actions against the other party. Any claim or dispute arising from your access and use of the Site, Platform or Service shall be resolved in the United States District Court for the District of Oregon, and you submit to the personal and exclusive jurisdiction thereof, and waive any venue or jurisdiction objections against such courts; provided, however, that in the event of your or other’s unauthorized access or use of the Site or its content in violation of these Terms or any agreement between you and the Company, you agree that we are entitled to apply for injunctive remedies in any jurisdiction.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold CaseMark AI, Inc., our affiliates, officers, employees and agents, harmless, from and against any costs, losses, liabilities, and expenses (including reasonable attorneys’ fees) from any claim or demand made by any third party due to or arising out of or related to (a) your use of the Site, Content, Platform or Service, (b) your User Data, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations.

14. General

Changes to these Terms. We may update these Terms and our Services from time to time as our Services develop and improve. If possible, we will try to give you advanced notice of any changes to these Terms and Conditions. All changes will be effective as soon as they are posted to the Site. If you do not agree to the changes to these Terms, you must stop using the Service and contact us to terminate your account.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or novate these Terms, any subscription, and any related order form, in whole or in part and without your consent, to (a) any affiliate, subsidiary, or successor in interest, or (b) any authorized reseller, distributor, or licensee of the Service or Platform. Upon any such assignment, the assignee will become the party responsible to you for the assigned rights and obligations as of the effective date stated in our notice, and we may continue to host, operate, and support the Service on the assignee's behalf. We will notify you of any assignment by email to the address associated with your account or by notice within the Service. Your authorization to charge your Payment Method under Section 6 extends to the assignee for fees due on or after the effective date of the assignment. If you do not wish to continue under the assignment, you may cancel your subscription as provided in these Terms. Any attempted assignment in violation of this section will be void.

Enforcement. Failure to enforce any provision of these Terms shall not be considered a waiver thereof. If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted and will not effect the enforceability of any other provisions herein.

Geographic Restrictions

The owner of the Service and Website is based in the state of Oregon in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to terminate service to any users located outside the United States. EU Privacy Laws. The services are currently offered to United States citizens only. You should refer to our privacy policy to review how we use your personal information. By using our Service You agree that You will not transfer to Company any Customer Data that contains personal data of a person subject to the European Union General Data Protection Regulation without the Company’s consent and review.

Feedback

In the event that you provide CaseMark with any feedback, suggestions, ideas or improvements with respect to any aspect of our Services, CaseMark shall own such feedback without compensation to you, attribution of any kind, or any other obligation to you. You hereby acknowledge the Company’s ownership of such feedback and relinquish all rights (including all intellectual property rights) to such feedback. 

‍No Legal Advice ‍

Company does not provide legal advice and is not engaged in the practice of law. The content provided in our services including any text generated through our artificial intelligence tools is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship between You and the Company. Our services do not cover all legal situations and we recommend you seek legal advice from a qualified attorney licensed in your jurisdiction.

Publicity ‍

Each party shall be entitled to use the name of the other party for advertising on its website and marketing materials, unless the other party has provided written notice stating otherwise. Customer’s public identification of Company, marketing or promotion of the Services shall be subject to Company’s prior written approval and shall at all times comply with Company’s trademarks usage guidelines.

‍Contact Us

If you have any questions about these Terms and Conditions, you can contact us at support@casemark.com