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

The specific Services, fees, subscription terms, included users, playbook scope, templates, implementation work, and other commercial terms for paid use are set forth in an order form, quote, invoice, checkout page, statement of work, or other ordering document accepted by Customer (each, an "Order Form"). If an Order Form conflicts with these Terms, the Order Form controls for that Customer and only for the subject matter of that Order Form.

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, playbooks, 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.

DocketDrafter may create, provision, manage, or disable accounts for Customers. DocketDrafter personnel may access Customer accounts, Customer Content, playbooks, drafts, outputs, logs, and usage information for onboarding, setup, support, troubleshooting, quality assurance, security, service operation, and enforcement of these Terms.

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, playbooks, 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.

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 Order Forms

Fees, billing cadence, payment method, renewal terms, due dates, included users, included templates, playbook scope, setup fees, implementation fees, subscriptions, usage fees, and other commercial terms are set forth in the applicable Order Form.

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

If Customer provides a payment method and the applicable Order Form provides for automatic payment, Customer authorizes DocketDrafter and its payment processors to charge that payment method for all amounts due. If Customer pays by invoice, invoices are due according to the applicable Order Form.

Fees are non-refundable except as expressly stated in an applicable Order Form or required by law. Any money-back guarantee, refund right, or special cancellation right applies only if expressly stated in the applicable Order Form.

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.

5. Playbooks

"Playbook" means a configuration, template set, formatter profile, workflow, instruction set, legal-knowledge layer, issue catalog, rule bank, evaluation rubric, drafting pattern, code repository, or other structured asset used with or through the Services.

"Customer Playbook" means a Playbook created specifically for Customer under an Order Form. "DocketDrafter Playbook" means a Playbook, template, workflow, or other asset created by DocketDrafter for general, public, shared, free-trial, or multi-customer use.

As between the parties, Customer owns Customer-submitted templates, exemplar documents, style preferences, draft text, client and matter content, generated outputs, and Customer-specific custom Playbook content created for Customer under an Order Form.

As between the parties, DocketDrafter owns the Services, platform, rendering engine, orchestration code, shared scripts, common libraries, system prompts, build tools, quality-assurance methods, test harnesses, infrastructure, model-routing logic, playbook-building methodology, DocketDrafter Playbooks, public/shared templates, and all generalized legal, formatting, workflow, technical, and operational know-how.

Customer Playbooks are private to Customer. DocketDrafter will not make a Customer Playbook created specifically for Customer available for use by, or visible to, any other DocketDrafter customer without Customer's permission.

Customer grants DocketDrafter a non-exclusive, worldwide, royalty-free license to use, host, copy, process, modify, display, transmit, and create derivative works of Customer Content and Customer Playbooks as needed to provide, maintain, support, secure, and improve the Services, fulfill an Order Form, troubleshoot issues, and comply with law.

DocketDrafter may use generalized knowledge, skills, ideas, concepts, methods, formatting patterns, legal-workflow concepts, public-law rules, procedural workflows, and know-how learned or retained while providing the Services, provided we do not disclose Customer Confidential Information or use Customer Content in a way that identifies Customer, its clients, or specific matters.

Customer may not use any Playbook, exported Playbook, or the Services to build, train, support, or assist a competing product or service. Customer may not provide Customer Playbooks, exported Playbooks, DocketDrafter Playbooks, or DocketDrafter materials to a DocketDrafter competitor. Exported Playbooks may exclude DocketDrafter proprietary components and may not be independently executable outside the Services.

If Customer or any user provides suggestions, comments, ideas, corrections, requests, or other feedback about the Services ("Feedback"), DocketDrafter may use that Feedback for any purpose without restriction, obligation, or compensation. Feedback does not include Customer Content, Customer Confidential Information, or Customer-owned Customer Playbooks.

6. Customer Content

"Customer Content" means all data, text, documents, templates, exemplar materials, draft text, instructions, prompts, files, client or matter information, Customer Playbooks, and other content submitted to, uploaded to, stored in, or processed through the Services by or on behalf of Customer, and all outputs generated from that content.

Customer represents and warrants that it has all rights, permissions, consents, and authority necessary to submit Customer Content to the Services and to use the Services as contemplated by these Terms. Customer is responsible for the accuracy, legality, content, and use of Customer Content.

Customer may not submit payment card data except through our approved payment processor. Customer may not submit protected health information under HIPAA, biometric or genetic data, sealed or restricted materials, protective-order materials, or other highly sensitive or regulated data unless DocketDrafter has expressly agreed in writing that such data may be submitted. Customer is responsible for configuring and using any third-party AI tool, agent, plugin, or integration so that it does not send prohibited data or any data Customer is not authorized to provide to DocketDrafter.

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 Playbooks, 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. The receiving party may disclose Confidential Information to employees, contractors, advisors, service providers, and subprocessors who need access for permitted purposes and are bound by confidentiality obligations.

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.

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.

8. No Training On Customer Data

DocketDrafter will not use Customer Content to train artificial-intelligence models. DocketDrafter will not permit its subprocessors to train artificial-intelligence models on Customer Content.

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 may interoperate with or depend on third-party services, software, models, platforms, hosting providers, payment processors, browsers, Microsoft Word, Claude, Anthropic, OpenAI, ChatGPT, e-filing systems, or other third-party tools. DocketDrafter is not responsible for third-party services or for Customer's use of them. Third-party services are governed by their own terms and policies.

DocketDrafter may change model providers, subprocessors, hosting providers, and other vendors from time to time.

10. No Legal Advice; Attorney Review Required

DocketDrafter is not a law firm and does not provide legal advice. The Services, Playbooks, 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 Playbooks 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 or any Playbook 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. 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 Form.

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 Form.

Upon termination, Customer's right to access the Services ends. For paid Customers, DocketDrafter will make reasonable efforts to allow Customer to request export of Customer-owned Customer Playbooks for 30 days after termination, unless termination was for breach, amounts remain unpaid, export would violate law or these Terms, or export would create risk. Exports may exclude DocketDrafter proprietary materials.

DocketDrafter may delete Customer Content after termination according to its retention practices, unless law requires otherwise.

13. 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, PLAYBOOKS, 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.

14. 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, playbooks, 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 Form;
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.

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 Playbooks, 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.

15. 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.

16. 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 Form or data-processing agreement.

DocketDrafter uses reasonable administrative, technical, and organizational measures designed to protect Customer Content. Customer acknowledges that no service is completely secure and that use of internet-based services involves risk.

17. Changes To These Terms

DocketDrafter may update these Terms from time to time by posting an updated version. We will provide email notice of material updates where practical. Updates are prospective and become effective on the date stated in the updated Terms or, if no date is stated, when posted.

Continued use of the Services after updated Terms become effective constitutes acceptance. If a paid Customer reasonably objects that a material update materially and adversely affects its rights or obligations, Customer may terminate the affected Order Form by giving notice before the update takes effect or within 15 days after notice of the update, whichever is later. In that case, DocketDrafter will refund unused prepaid fees for the then-current monthly billing period.

18. Marketing

DocketDrafter may not use Customer's name or logo in marketing without Customer's permission.

DocketDrafter may use anonymized or aggregated usage statistics, such as number of documents rendered or general time-savings estimates, in marketing, provided the information does not identify Customer, its clients, or specific matters. DocketDrafter may use anonymized feedback in marketing.

19. Notices

Legal notices to DocketDrafter must be sent to tommy@docketdrafter.com. Privacy and data requests should also be sent to tommy@docketdrafter.com.

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

20. 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 Form.

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.

21. 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 may use subcontractors and service providers to provide the Services.

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 Form and incorporated policies, are the entire agreement between the parties regarding the Services.