DocketDrafter Terms of Service

These Terms of Service (the "Terms") govern access to and use of the services provided by Avize LLC, d/b/a DocketDrafter ("DocketDrafter," "we," "us," or "our"). By creating an account, checking a box indicating acceptance, accessing or using the Services, or using the Services on behalf of an organization, you agree to these Terms.

If you are using the Services on behalf of a law firm, company, or other organization, you represent that you have authority to bind that organization. In that case, "Customer," "you," and "your" refer to that organization and its authorized users.

1. Services

DocketDrafter provides shared document workspaces, hosted workflows, document automation, formatting, rendering, and related software for legal professionals (the "Services"). The Services may include pleading formatting, DOCX/PDF rendering, firm-specific formatter profiles, workflow automations, and other legal-document tools.

The specific Services, fees, subscription terms, included users, workspace scope, templates, implementation work, and other commercial terms for paid use are set forth in a checkout session, electronic purchase flow, order summary, quote, invoice, statement of work, or other ordering document or electronic record accepted by Customer (each, an "Order"). Customer accepts an Order by completing checkout, submitting payment, electronically accepting the Order, or otherwise taking an action that the Order identifies as acceptance. If an Order conflicts with these Terms, the Order controls for that Customer and only for the subject matter of that Order.

If you have a separate written agreement with DocketDrafter that expressly governs your use of the Services, that agreement controls for the services covered by it.

We may add, modify, suspend, or discontinue features, templates, workspace functionality, integrations, model providers, subprocessors, and other parts of the Services from time to time. We do not guarantee that any specific feature or template will remain available.

2. Eligibility And Accounts

The Services are intended only for licensed attorneys and law-firm personnel acting under the supervision of licensed attorneys. You may not use the Services unless you are a licensed attorney or have been authorized by a licensed attorney to use the Services for professional legal work.

Each user must use their own account credentials. You may not share login credentials or allow unauthorized users to access the Services. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials.

A paid seat is required for each individual who directly accesses or uses DocketDrafter's drafting workspace, document tools, or other paid user functionality. DocketDrafter may permit administrative users to access an account solely to accept agreements, manage billing, manage users, or perform other administrative functions. An administrative user does not consume a paid seat unless that user accesses or uses paid drafting functionality.

No DocketDrafter account or paid seat is required merely to receive, read, print, sign, comment on, revise, or return an exported DOCX or PDF outside the Services. Customer may share exported documents with clients, co-counsel, experts, and other reviewers in the ordinary course of legal work. A person who directly accesses Customer's DocketDrafter workspace must have an authorized individual account and, unless limited to administrative functionality, a paid seat associated with Customer's firm.

DocketDrafter may create, provision, manage, or disable accounts for Customers. Access to and processing of Customer Content are governed by Sections 6–9.

Each workspace is shared by its members. Every member with workspace access can access every matter in that workspace. There are no private matters, matter-level permissions, or ethical walls within a workspace. If Customer needs to separate access among groups, it must use separate workspaces with appropriately separated memberships or keep the affected work outside the Services. Separate workspaces do not restrict access by DocketDrafter's founders or its service providers as described below.

3. Free Trials

DocketDrafter may offer free trials or evaluation access. Free trials are provided at our discretion and may be limited by duration, users, templates, workspace functionality, document types, file size, number of renders, rate limits, or other usage limits.

We may suspend, limit, or terminate a free trial at any time, with or without notice, for any reason. Free trials are provided "as is" and without any service-level, support, availability, or feature commitments. This does not limit our express confidentiality, data-use, or security obligations under these Terms.

Unless we state otherwise in writing, free-trial users may use outputs from the Services in real legal work only after attorney review and approval as required by these Terms.

4. Payment And Orders

Fees, billing cadence, payment method, renewal terms, due dates, included users, included templates, workspace scope, setup fees, implementation fees, subscriptions, usage fees, trials, discounts, and other commercial terms are set forth in the applicable Order. Prices, trials, discounts, and other commercial terms may vary between Customers.

Customer may purchase additional Services, workspace configurations, templates, implementation work, or other work through an Order accepted by Customer. Fees and scope for additional purchases are as stated in the applicable Order.

Seat changes take effect immediately and are prorated for the remainder of the current billing period: an increase is charged right away, and a decrease is credited against future invoices. If Customer reduces its seats below the number of members using them, new invitations are paused until Customer removes members or adds seats, and Customer remains responsible for maintaining a paid seat for each user as Section 2 requires.

If Customer provides a payment method, Customer authorizes DocketDrafter and its payment processors to charge that payment method for all amounts due according to the applicable Order, including recurring subscription charges following any disclosed trial period. If Customer pays by invoice, invoices are due according to the applicable Order.

Fees are non-refundable except as required by law or under an applicable Promotional Offer. "Promotional Offer" means a trial, refund right, money-back guarantee, discount, or other special commercial term that DocketDrafter makes available to Customer in an Order, checkout page, written proposal, written sales communication, or offer published on a DocketDrafter website.

A Promotional Offer applies only if DocketDrafter made the offer available to Customer before or at the time of purchase. The eligibility requirements, duration, refund scope, request method, and other conditions stated in the Promotional Offer are incorporated into Customer's Order. DocketDrafter may modify or discontinue Promotional Offers prospectively, but doing so will not alter a Promotional Offer already accepted by Customer. Unless the applicable Promotional Offer states otherwise, a Customer may use a Promotional Offer only once per firm.

Unless an Order expressly states otherwise, paid subscriptions are billed monthly and automatically renew for successive one-month billing periods. Customer may cancel at any time. Cancellation takes effect at the end of the then-current paid billing period, Customer retains access through that date, and no further renewal charge will be made. Except under an applicable Promotional Offer or as required by law, cancellation does not entitle Customer to a prorated refund for the current billing period.

If any undisputed amount is overdue, DocketDrafter may suspend or terminate access to the Services after notice. Customer is responsible for all taxes, duties, and governmental charges associated with its purchase, other than taxes based on DocketDrafter's net income.

DocketDrafter may change subscription fees by providing Customer at least ninety (90) days' advance electronic notice. A price change will take effect at the first renewal of the applicable subscription term occurring after the notice period. A price change will not apply retroactively or during a subscription term that has already begun. If Customer does not agree to the new price, Customer may cancel the affected subscription effective at the end of its then-current subscription term. This provision does not override any fixed-price period expressly stated in an applicable Order.

An update to these Terms does not by itself change the pricing, billing cadence, subscription commitment, or other customer-specific commercial terms stated in an accepted Order.

5. Workspaces And Ownership

A "Workspace" is the shared repository of files, drafts, forms, templates, instructions, settings, and other materials maintained for Customer through the Services.

"Customer Materials" means materials submitted or provided by or on behalf of Customer. "Customer-Specific Materials" means original instructions, configurations, notes, formatting preferences, templates, modifications, annotations, and compilations created specifically and uniquely for Customer under an Order. "DocketDrafter Materials" means the Services and materials developed for general or reusable use, including our software, standard templates and packages, rendering engine, orchestration code, scripts, libraries, system prompts, build tools, infrastructure, documentation, methods, and improvements to them. A Workspace may contain or depend on all of these categories, as well as public and third-party materials.

As between the parties, Customer retains ownership of Customer Materials and owns Customer-Specific Materials and generated outputs created specifically for Customer. To the extent DocketDrafter acquires ownership rights in Customer-Specific Materials created under an Order, DocketDrafter assigns those rights to Customer upon payment of the applicable fees. These rights remain subject to DocketDrafter's ownership of DocketDrafter Materials and applicable public and third-party rights.

DocketDrafter retains ownership of DocketDrafter Materials even when incorporated into or used with a Workspace. Customer owns its original Customer-specific additions and modifications, but not the underlying DocketDrafter Materials. Subject to these Terms and the applicable Order, we grant Customer a non-exclusive, non-transferable license during its subscription to use the DocketDrafter Materials made available to it through the Services.

Statutes, court rules, judicial opinions, official forms, and other public-law or public-domain materials retain their existing legal status. Including them in a Workspace does not transfer ownership of them. Third-party materials remain subject to applicable rights and licenses.

Customer grants DocketDrafter a non-exclusive, royalty-free license to host, copy, process, modify, display, and transmit Customer Content only for the purposes and subject to the restrictions in Sections 6–9. This license does not transfer ownership of Customer Content. We will not make Customer Materials or Customer-Specific Materials available to another customer without Customer's permission.

We may use generalized knowledge, skills, ideas, methods, formatting and workflow patterns, legal and procedural knowledge, and know-how learned while providing the Services to develop, improve, sell, and market our products. This does not authorize unrelated use or disclosure of Customer Confidential Information, identifiable client or matter information, Customer work product, or distinctive Customer-authored expression. Public facts, laws, court rules, procedures, filing practices, and official forms do not become Customer-owned merely because they were identified during an engagement.

Customer may not use the Services, DocketDrafter Materials, or exported materials to build, train, support, or assist a competing product or service, or provide DocketDrafter Materials to a competitor. Ownership of Customer-Specific Materials does not authorize redistribution or sublicensing of underlying DocketDrafter Materials. The restrictions in this section and Section 11 do not prohibit Customer from exporting its Customer Materials, Customer-Specific Materials, and generated outputs, or transferring and using those materials with another service provider for Customer's legal work, provided Customer does not disclose or use DocketDrafter Materials contrary to these Terms.

We may use product suggestions, corrections, and feature requests ("Feedback") to improve and develop the Services without obligation or compensation. This permission applies to the product suggestion, not to confidential supporting material. A feedback report may contain Customer Content, document excerpts, or matter context; those portions remain Customer Confidential Information and are not unrestricted Feedback.

6. Customer Content

"Customer Content" means data, documents, templates, exemplars, drafts, instructions, prompts, files, client or matter information, Customer-Specific Materials, and other content submitted to, stored in, or processed through the Services by or on behalf of Customer, and outputs generated from that content.

The Services are for adult legal professionals, not for direct use by children.

Customer represents and warrants that it has the rights, permissions, consents, and authority necessary for Customer Content to be processed as described in these Terms and our security documentation. Customer must ensure that this processing, including workspace-wide access and service-provider processing described below, is permitted by applicable law, court orders, client instructions, and contractual obligations. Information need not be free of restrictions, but those restrictions must be compatible with the Services. Customer is responsible for identifying additional requirements and obtaining our express written agreement before submitting information that requires safeguards, agreements, access limits, or processing restrictions beyond our standard commitments. We do not undertake to inspect each document to determine Customer's authority or identify undisclosed restrictions.

Customer may not submit classified information, payment card data outside our approved payment processor, or information whose requirements the Services cannot meet. DocketDrafter does not enter into HIPAA business associate agreements, and processing that requires one is not supported; the presence of medical information alone does not determine whether such an agreement is required. Sealed records and protective-order or other restricted materials are not categorically prohibited, but Customer must determine whether our disclosed processing is authorized and whether additional arrangements are required.

Customer is responsible for the accuracy, legality, and use of Customer Content and for configuring its own AI assistants and connectors consistently with its authority and obligations.

DocketDrafter may process Customer Content as reasonably necessary to provide, configure, implement, maintain, support, troubleshoot, test, assure the quality of, operate, and secure the Services for Customer, fulfill an Order, enforce these Terms, and comply with law (the "Service Purposes"). Testing and quality assurance using identifiable Customer Content must be reasonably connected to delivering or supporting Customer's service; this permission does not authorize using identifiable client documents for unrelated product research, general-purpose test datasets, demonstrations, or marketing. Generalized know-how, Feedback, and non-identifying analytics are addressed separately in Sections 5, 8, and 19. Customer Content may not be used or disclosed for other purposes without Customer's permission or another express authorization in these Terms.

7. Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other that is designated confidential or reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Customer Content, Customer-Specific Materials, draft text, uploaded documents, exemplar documents, firm templates, rendered outputs, client and matter details, and non-public account information are Customer Confidential Information.

The receiving party will use reasonable care to protect the disclosing party's Confidential Information and will use it only for purposes permitted by these Terms. For Customer Content, those purposes are the Service Purposes and the limited permissions in Sections 5, 8, and 19. Disclosure to a service provider does not remove the information's confidential status.

At DocketDrafter, only the two founders have personnel access to Customer Content; we have no employees or individual support contractors with access. We may disclose Customer Confidential Information to service providers and subprocessors as needed for Service Purposes, subject to confidentiality and data-use obligations, and to professional advisors where necessary for legal compliance or protection of legal rights, subject to confidentiality obligations. Customer may disclose our Confidential Information to its personnel and advisors who need access for permitted purposes and are bound by confidentiality obligations. Changes to DocketDrafter's founders-only personnel-access commitment require advance notice under Section 18 before the new access begins.

Confidential Information does not include information that is publicly available without breach of these Terms, already known without restriction, independently developed without use of the Confidential Information, or rightfully received from a third party without restriction. These exclusions do not authorize unrelated use or disclosure of Customer Content, including client documents or confidential client or matter associations, merely because some underlying facts fall within an exclusion.

The receiving party may disclose Confidential Information if required by law, subpoena, court order, or legal process, provided it gives advance notice where legally permitted and limits disclosure to what is legally required.

Confidentiality and use restrictions survive cancellation or termination for as long as the receiving party retains Confidential Information. Retained Customer Content remains subject to these restrictions; cancellation does not authorize new uses.

8. No Training On Customer Data

DocketDrafter will not use Customer Content to train AI models and will use AI service providers only under terms and configurations that do not permit training on Customer Content. Processing Customer Content through an AI model to perform Service Purposes is permitted and is not model training. This commitment governs providers we select and operate; Customer's own AI assistant is governed by Customer's agreement and settings with that provider.

DocketDrafter may use Usage Data to operate, maintain, secure, support, analyze, and improve the Services. "Usage Data" means information about access to and use of the Services, such as feature usage, render counts, timestamps, session information, performance data, error logs, and aggregated or deidentified analytics. Usage Data does not include Customer Content.

9. Third-Party Services

The Services rely on hosting, storage, sandbox, conversion, AI, communication, and other providers selected by DocketDrafter. Our current subprocessors are listed on our website. We are responsible for selecting, configuring, and using our providers consistently with our obligations under these Terms. We do not control their independent operations or guarantee uninterrupted availability; this does not excuse our own confidentiality, data-use, or security obligations.

Customer may also use the Services with browsers, Microsoft Word, e-filing systems, AI tools, and other third-party products selected or operated by Customer. DocketDrafter subscription fees do not include subscriptions to Claude, ChatGPT, Microsoft 365, legal-research services, or other third-party products. Customer is responsible for obtaining and paying for the third-party products it chooses to use with the Services. DocketDrafter is not responsible for Customer's use of those products, which is governed by the applicable third party's terms and policies.

Our founders have technical access to entire Workspaces, including client documents and version history. They use AI tools, including coding agents backed by inference service providers, to perform Service Purposes, subject to our confidentiality, permitted-purpose, and no-training obligations. These tools can explore the entire Workspace; access is not technically limited to task-specific files, folders, or matters. Broad access does not authorize use for unrelated purposes. We may proactively review Workspace activity, including commands, results, errors, and the documents involved, to identify problems and improve Customer's configuration, particularly during onboarding. We do not review client documents for purposes outside the Service Purposes. Working copies of a Workspace on the founders' encrypted work computers, including local session logs and conversation history kept by the founders' AI tools, are covered by these Terms and are removed within 30 days after active support of Customer's Workspace ends or Customer cancels, and in any event as part of an authorized deletion request. Workspace history records changes, not every document read; we do not provide comprehensive document-read auditing.

Customer's assistant may send feedback reports on its own or at Customer's request. Reports can include document excerpts and matter context; those portions are Customer Content. The feedback tool is optional, and Customer can disable it. Disabling feedback does not disable ordinary service activity records or founder access.

DocketDrafter may change providers, subject to its continuing obligations under these Terms. We will add a provider to our published subprocessor list before it begins handling Customer Content. A Customer that requests subprocessor-change notices at support@docketdrafter.com will also be notified by email before a new provider begins handling its Customer Content.

10. No Legal Advice; Attorney Review Required

DocketDrafter is not a law firm and does not provide legal advice. The Services, Workspace materials, templates, outputs, and any related information are tools for legal professionals and do not create an attorney-client relationship between DocketDrafter and Customer, any user, or any Customer client.

Customer remains solely responsible for all legal advice, professional judgment, filings, service, deadlines, court submissions, client communications, and legal work. Customer and its users must carefully review, verify, and approve all outputs before filing, serving, sending to a client, or relying on them.

DocketDrafter does not verify legal sufficiency, court-rule compliance, local-rule compliance, filing requirements, deadlines, citations, facts, party names, venue, signatures, exhibits, legal arguments, or legal strategy. DocketDrafter is not responsible for court rejection, e-filing issues, formatting rejection, missed deadlines, incorrect captions, incorrect parties, incorrect signatures, citation issues, sanctions, disciplinary issues, malpractice claims, adverse rulings, or other professional-liability matters.

Outputs may contain errors, omissions, formatting issues, layout issues, numbering errors, table errors, caption errors, pagination errors, conversion errors, DOCX/PDF rendering errors, or other defects. Templates and Workspace materials may not reflect every judge, court, local rule, filing-system requirement, or local practice.

11. Acceptable Use

Customer and its users may not:

1. use the Services in violation of law, court order, ethical rule, professional obligation, or third-party right;
2. submit content Customer does not have the right to use or disclose;
3. use the Services for any purpose outside professional legal work by or under the supervision of a licensed attorney;
4. share credentials or permit unauthorized access;
5. reverse engineer, decompile, disassemble, scrape, copy, or attempt to derive source code, system prompts, methods, or non-public functionality of the Services;
6. use automated or programmatic methods to extract data or outputs except through interfaces we provide;
7. interfere with, overload, disrupt, or compromise the Services;
8. bypass rate limits, access controls, security measures, or usage limits;
9. use the Services, DocketDrafter Materials, or exported materials to build, train, support, or assist a competing product or service;
10. submit malware, harmful code, or security-testing content without written permission;
11. use the Services in a way that creates legal, security, operational, reputational, or business risk for DocketDrafter.

12. Reasonable Use

Plans described as "unlimited" do not impose a stated per-document charge or fixed cap on the number of cases, documents, or revisions used for Customer's ordinary internal legal work. Unlimited use remains subject to these Terms, technical constraints, available storage and processing capacity, supported file formats and file-size limits, and reasonable-use protections.

Customer may not use the Services for automated bulk processing unrelated to its ordinary legal work, resale or service-bureau use, benchmarking or load testing without permission, credential sharing, circumvention of seat requirements, generation of excessive duplicate or non-legal content, cryptocurrency mining, model training, or activity that materially degrades the Services or imposes costs grossly disproportionate to normal professional use.

If Customer's usage is unusually intensive or materially affects the Services, DocketDrafter will ordinarily contact Customer to discuss the usage and a reasonable solution before restricting paid access. DocketDrafter may apply temporary technical limits immediately when reasonably necessary to protect security, service availability, other customers, or third-party systems. DocketDrafter will not impose additional usage fees without Customer's agreement.

13. Suspension And Termination

Customer may stop using the Services at any time. Cancellation, renewal, and payment obligations for paid Services are governed by the applicable Order.

DocketDrafter may suspend, limit, or terminate free-trial access at any time, with or without notice, for any reason.

DocketDrafter may suspend or terminate any account or paid Services immediately if Customer or any user violates these Terms, fails to pay amounts due, creates a security risk, misuses the Services, submits prohibited data, uses the Services outside permitted legal-professional use, uses the Services to assist a competitor, or otherwise creates legal, security, operational, reputational, or business risk for DocketDrafter. Unless DocketDrafter states otherwise, no refund is owed for termination or suspension for cause.

DocketDrafter may terminate paid Services for convenience or business reasons by providing notice. If DocketDrafter terminates paid Services for convenience and not for Customer breach, DocketDrafter will refund unused prepaid fees for the then-current billing period. DocketDrafter will not refund prior months, earned fees, or implementation work except as expressly stated in an Order.

Upon termination, Customer's right to access the Services ends. Cancellation does not automatically delete Customer Content. We retain the Workspace and its history unless Customer requests permanent deletion, so that work can be resumed if Customer returns. Records subject to shorter retention periods expire on their applicable schedules.

Customer may request an export during its subscription or after cancellation or termination, while the requested content remains retained, by writing to support@docketdrafter.com. After verifying the requester's authority, we provide the current version of each document in the Workspace in Word (DOCX) and/or PDF format (official forms as fillable PDFs where supported), the files Customer uploaded that remain stored in the Services when the export is prepared, and Customer's saved instructions and conventions. Exports are not automatic. An export contains current versions only: it does not include version history, and we do not promise to reconstruct deleted files or recover copies whose retention periods have expired.

Exports exclude our proprietary rendering engine, private package registry, service infrastructure, credentials, and internal operational logs, and do not transfer ownership of DocketDrafter Materials. We may exclude secrets or material whose disclosure would violate law.

Customer may request permanent deletion of its entire Workspace or a single matter by writing to support@docketdrafter.com. Deleting a file through an assistant does not erase its history. Within 30 days of an authorized request, we will delete the requested Customer Content and its history and associated copies from our systems, founders' devices (including local AI-tool session logs), conversation history stored in the founders' AI-provider accounts, and the providers we use to store Customer Content, and confirm completion in writing. Email correspondence with us and retained call transcripts are business records rather than Workspace content; they remain confidential and are kept, and on written request we will remove client and matter details from them. If law requires retention of particular information, we will limit retention to that requirement, continue to protect it, and explain the exception where legally permitted.

A deletion request does not reach: (a) data that AI service providers used by DocketDrafter retain under their own terms and that we cannot delete; (b) operational and audit logs, which are not rewritten and expire on their published retention schedules; (c) backups, which expire on their own schedule; (d) email correspondence and call transcripts, which we keep as business records and from which we remove client and matter details on request; (e) records of the Customer's acceptance of these Terms, which we keep as the record of the agreement; or (f) records we must keep by law. Customer Confidential Information remaining in any of these stays subject to Section 7 until it is deleted or expires.

14. Warranties And Disclaimers

Customer represents and warrants that it has authority to enter into these Terms, that it has all rights necessary for Customer Content, and that its use of the Services will comply with applicable law, court rules, professional obligations, and these Terms.

THE SERVICES, FREE TRIALS, WORKSPACE MATERIALS, TEMPLATES, OUTPUTS, AND RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCKETDRAFTER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, ERROR-FREE OPERATION, AND RESULTS.

DOCKETDRAFTER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE, OR FREE FROM DEFECTS, OR THAT OUTPUTS WILL BE COMPLETE, ACCURATE, COURT-COMPLIANT, OR ACCEPTED BY ANY COURT OR FILING SYSTEM.

These disclaimers do not negate DocketDrafter's express confidentiality, data-use, no-training, security, incident-notification, deletion, or export commitments under these Terms or an applicable Order or separate written agreement. We do not promise perfect security or that no incident will occur.

15. Indemnification

Customer will defend, indemnify, and hold harmless DocketDrafter and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

1. Customer Content;
2. Customer's templates, documents, instructions, Workspace materials, filings, outputs, or client data;
3. Customer's use of or reliance on the Services or outputs;
4. Customer's breach of these Terms or an Order;
5. Customer's violation of law, court rules, professional obligations, or third-party rights;
6. claims by Customer's clients, users, or third parties arising from Customer's legal work, filings, outputs, or use of the Services.

Customer's indemnification obligations do not apply to the extent a claim or loss is caused by DocketDrafter's breach of these Terms, negligence, or willful misconduct. A Customer's submission of information does not excuse DocketDrafter from its own confidentiality, data-use, or security obligations.

For paid Customers only, DocketDrafter will defend Customer against a third-party claim alleging that the DocketDrafter platform, when used as authorized under these Terms, infringes that third party's U.S. copyright, trademark, or patent, and will indemnify Customer for damages finally awarded or agreed in settlement by DocketDrafter. DocketDrafter has no obligation for claims arising from Customer Content, Customer Workspace materials, Customer templates, Customer instructions, outputs, public law, court forms, third-party services, modifications not made by DocketDrafter, or use not authorized by these Terms. DocketDrafter may resolve an infringement claim by procuring continued use rights, modifying the Services, replacing the Services, or terminating the affected Services and refunding unused prepaid fees.

The indemnified party must promptly notify the indemnifying party of the claim, reasonably cooperate, and allow the indemnifying party to control the defense and settlement, provided that no settlement may impose non-monetary obligations or admissions on the indemnified party without consent.

16. Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCKETDRAFTER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, PROFESSIONAL LIABILITY, SANCTIONS, DISCIPLINARY ACTIONS, ADVERSE LEGAL OUTCOMES, MALPRACTICE CLAIMS, COURT REJECTIONS, OR COSTS OF SUBSTITUTE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCKETDRAFTER'S TOTAL LIABILITY FOR FREE TRIALS AND FREE SERVICES IS ZERO DOLLARS ($0).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCKETDRAFTER'S TOTAL LIABILITY FOR PAID SERVICES WILL NOT EXCEED THE AMOUNTS CUSTOMER PAID TO DOCKETDRAFTER FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

The limitations in this section apply regardless of legal theory, whether in contract, tort, negligence, strict liability, warranty, or otherwise, and even if a remedy fails of its essential purpose. They apply to confidentiality, data-use, and security claims as well as other claims, to the extent permitted by law. These limits on monetary recovery do not eliminate the underlying obligations or prevent a party from requesting appropriate injunctive relief, subject to applicable law.

17. Privacy And Security

DocketDrafter's Privacy Policy describes how we collect and use personal information. Customer Content is handled under these Terms and any applicable Order.

DocketDrafter will maintain reasonable administrative, technical, and organizational safeguards designed to protect Customer Content against unauthorized access, use, and disclosure. Customer's own AI provider and other services it selects remain governed by Customer's arrangements with them. Customer acknowledges that no service is completely secure and that use of internet-based services involves risk.

As part of these safeguards, DocketDrafter will store primary copies of Workspace content and stored files in the United States, encrypt Customer Content at rest and in transit, and require multi-factor authentication on founder accounts with access to Customer Content.

If we confirm a security incident affecting Customer's data, we will notify its account administrator within 72 hours of confirmation, or sooner if applicable law requires. We will describe the incident, affected data, and response to the extent then known and provide updates as we learn more. This commitment does not postpone any notice required earlier by law. Security concerns may be reported to support@docketdrafter.com.

18. Changes To These Terms

DocketDrafter may update these Terms from time to time by posting an updated version. Unless otherwise stated, updates apply prospectively when posted or on the stated effective date.

Notwithstanding the remainder of this section, an update that weakens DocketDrafter's no-training, confidentiality, or deletion commitments will not apply to Customer Content submitted before the update takes effect for Customer without Customer's written consent. Customer may instead export and request deletion of that Customer Content under Section 13, which will be handled under the commitments in effect before the update. Changes to the founders-only personnel-access commitment are governed by the next paragraph instead.

DocketDrafter will give each Customer, including free-trial users, at least thirty (30) days' advance electronic notice before any person other than the two founders receives personnel access to Customer Content. The notice will identify the person's role, the access involved, and the confidentiality obligations that will apply to that person. This notice period cannot be shortened under the immediate-effect provision of this section. Before the notice period ends, Customer may cancel under Section 4 and request export and permanent deletion under Section 13; Customer Content of a Customer that does so will not be accessed by new personnel and will be handled under the commitments in effect before the change. Continued use after the notice period constitutes acceptance of the change.

If an update materially and adversely affects an existing paid Customer's rights or obligations, DocketDrafter will provide electronic notice, and the update will apply to that Customer beginning with its next subscription renewal after notice. Continued use of the Services after the applicable effective date constitutes acceptance of the updated Terms.

DocketDrafter may make an update effective immediately upon notice where reasonably necessary to comply with law, address security or fraud, prevent abuse, or protect the Services, DocketDrafter, Customers, or third parties. An update to these Terms does not by itself alter customer-specific commercial terms stated in an accepted Order.

19. Marketing

DocketDrafter may use generalized, aggregated, or deidentified insights concerning customer needs, workflows, experiences, Feedback, and use of the Services for product development, research, sales, and marketing. DocketDrafter may quote or paraphrase deidentified Feedback, provided it does not identify Customer, any user, client, or matter, disclose Customer Confidential Information, or materially misrepresent the Feedback.

DocketDrafter may use anonymized or aggregated usage statistics, such as number of documents rendered or general time-savings estimates, provided the information does not identify Customer, its clients, or specific matters. DocketDrafter will not use Customer's name, logo, or an attributable testimonial in marketing without Customer's permission. Removing names alone is not sufficient if the remaining information identifies a Customer, user, client, or matter.

We may transcribe calls after notifying participants, and anyone can ask us not to. We use transcripts only for internal purposes, never as marketing content or public testimonials, and keep them as business records. On request to support@docketdrafter.com, we remove client and matter details from them.

20. Notices

Legal notices to DocketDrafter and privacy, data, and support requests must be sent to support@docketdrafter.com.

DocketDrafter may send notices to the email address associated with Customer's account or Order. Notices are effective when sent, unless the notice states otherwise.

21. Governing Law And Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules.

The parties consent to the exclusive jurisdiction and venue of the state courts located in Travis County, Texas, and the United States District Court for the Western District of Texas, Austin Division, for any dispute arising out of or related to these Terms, the Services, or any Order.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT DISPUTES WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

22. General Terms

Neither party may assign these Terms without the other party's consent, except that DocketDrafter may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, financing, sale of assets, or similar transaction. DocketDrafter will notify Customer in advance of an assignment in connection with a change of control, and the assignee will be bound by these Terms, including Section 7's founders-only personnel-access commitment unless changed through the personnel-access notice procedure in Section 18.

DocketDrafter may use service-provider companies to provide the Services, subject to Sections 6–9. This does not authorize employee or individual support-contractor access contrary to Section 7.

Neither party will be liable for delay or failure to perform due to events beyond its reasonable control, except payment obligations.

If any provision of these Terms is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. These Terms, together with any applicable Order and incorporated policies, are the entire agreement between the parties regarding the Services. Informational documentation describing current implementation or recommended practices does not amend these Terms or become a contractual warranty unless expressly incorporated into the agreement. This does not limit obligations under applicable law concerning the accuracy of our public statements. The precedence of an applicable Order or separate written agreement is addressed in Section 1.