CaseFleet Terms of Service
1. Acceptance of Terms
If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its users, and its affiliates to this TOS. If so, the terms “you” or “your” also refer to such entity, its users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this TOS, you may not use the Platform. You acknowledge that this TOS is a contract between you and CaseFleet, even though it is electronic and is not physically signed by you and CaseFleet, and it governs your use of the Platform.
As CaseFleet evolves, we may change this TOS. If we make a material change to the TOS, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the Site (defined below). You can review the most current version of the TOS at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if you use the Platform after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to cancel your account and stop using the Platform, which you may do through the process provided in the Platform.
As part of the registration process, you will identify an owner’s user name (in the form of an email address) and password for your account. You may use these credentials to invite individuals to become administrative and standard users (each with their own password) under your account. The total number of users is limited to the maximum number permitted for your account. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account, including the activities of users. You must correctly identify your first and last name, your work email address, and the name of your law firm firm during the registration process. Using a false name or email address to receive a free trial account is an expression violation of these terms and constitutes unauthorized use of CaseFleet's platform. We reserve the right to ask for additional identifying information if you register for CaseFleet using an email address that is not linked to the domain of a business with which you are affiliated.
All users should be aware that your administrators may have certain rights to access your account and may obtain related information in connection with the Platform. The administrators also set policies regarding your use of various aspects of the Platform, including retention settings and the ability to preserve and export all data in the account. Administrators are solely responsible for informing members of the applicable company policies, obtaining any legally required member consent to such policies, and for ensuring that all uses of the Platform comply with applicable federal, state and international privacy laws.
By accessing or using the Platform, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in this TOS.
2. Description of the Platform; IP Rights
The “Platform” means (a) CaseFleet’s law practice management, case management, fact outlining, and electronic discovery services and related systems and technologies, as well as the website http://www.casefleet.com (the “Site”), and (b) all software (including the Software, as defined below), applications, data, reports, text, images, and other content made available by or on behalf of CaseFleet through any of the foregoing. The “Platform” does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Platform, whether or not CaseFleet designates them as “official integrations” (each a “Non-CaseFleet Product”). Any modifications and new features added to the Platform are also subject to this TOS. CaseFleet reserves the right to modify or discontinue the Platform (or any Platform plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Platform and its components (including all intellectual property rights) will remain with and belong exclusively to CaseFleet.
3. Accessing and Using the Platform.
You may access and use the Platform only to perform law practice management, electronic discovery, fact management, and related activities, and you shall not misuse the Platform in any manner (as determined by CaseFleet in its sole discretion). See Section 6 for specific provisions outlining prohibited uses of the Platform. Administrative Users shall be responsible for all actions by Members on their team. You shall comply with any codes of conduct, policies, storage limitations, or other notices CaseFleet provides you or publishes in connection with the Platform from time to time, but if any of those policies materially change the TOS, we will provide you with reasonable notice. You agree to promptly notify CaseFleet if you learn of a security breach related to the Platform.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Platform, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like. You are also responsible for maintaining the security of your equipment, your account, your passwords and files, and for all uses of your account or your equipment with or without your knowledge or consent.
Any software that may be made available by or on behalf of CaseFleet in connection with the Platform, including CaseFleet’s mobile and desktop applications, (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, CaseFleet only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Platform. Any rights not expressly granted herein are reserved. Except for the limited rights granted above, CaseFleet retains all right, title and interest, including all intellectual property rights, in and to the Platform. You acknowledge and agree that the Platform constitutes CaseFleet’s valuable trade secrets and improper use or disclosure would cause CaseFleet irreparable harm. Accordingly, you agree to use the Platform solely as authorized in this TOS. You further acknowledges that the access granted pursuant to this Agreement is not a sale and does not transfer to you title or ownership of the Platform or a copy of the Platform, but only a right of limited use. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO CASEFLEET.
From time to time, you may provide to CaseFleet information about your use and experience with the Platform, including any issues or suggestions (“Feedback”). You acknowledge that, in the course of using the Platform, you may obtain or learn information relating to the Platform or CaseFleet know-how, which may include, without limitation, information relating to the Platform’s performance, reliability, stability, operation, techniques, processes, ideas, algorithms, or software design and architecture (collectively, “Proprietary Information”). As between the parties, such Feedback and Proprietary Information belongs solely to CaseFleet and will be deemed Confidential Information of CaseFleet, and CaseFleet will be free to use such Feedback and Proprietary Information in any manner.
4. Your Data Rights and Related Responsibilities.
“Your Data” means any data and content you upload, post, transmit or otherwise make available via the Platform (which may include data you elect to import from Non-CaseFleet Products you use). “Your Data” includes data you upload, files you upload, profile information and anything else you enter or upload into the Platform. CaseFleet will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.
In order for us to provide the Platform to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy your Data in order to display it to you and members of your firm, to index it so you are able to search it, to make backups to prevent data loss, to provide user and account support, and so on. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Amazon Web Services or Heroku) in the operation and administration of the Platform and the rights granted to us are extended to these third parties to the degree necessary in order for the Platform to be provided.
If any users send us any feedback or suggestions regarding the Platform, you grant CaseFleet an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
You are solely responsible for your conduct (including by and between all users), the content of Your Data, and all communications with others while using the Platforms. You acknowledge that CaseFleet has no obligation to monitor any information on the Platform. We are not responsible for the accuracy, appropriateness, or legality of Your Data or any other information you and your users may be able to access using the Platform.
You grant to CaseFleet a non-exclusive, royalty free right during your use of the Platform, to use the Content for the purpose of performing CaseFleet’s obligations under this Agreement. Such right shall include permission for CaseFleet to generate and publish aggregate, anonymized reports on system usage and Content trends and type.
To use the CaseFleet platform you will be required to select a payment plan and provide accurate information regarding your credit card or other payment method. You will promptly update your account information with any changes in your payment information. You agree to pay CaseFleet in accordance with the terms set forth on the Site and this TOS, and you authorize CaseFleet or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms.
Charges are based on the number of individual users who have access to the Platform. Only users registered with CaseFleet may access and use the Platform.
If you dispute any charges you must let CaseFleet know within sixty (60) days after the date that CaseFleet charges you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our prices for your Service plan, we will provide notice of the change on the Site or in email to you at least 30 days before the change is to take effect. Your continued use of the Platform after the price change goes into effect constitutes your agreement to pay the changed amount. CaseFleet may choose to bill you through an invoice, in which case, full payment for invoices issued must be received by the date specified in the invoice. Past due fees are 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. You shall be responsible for all taxes associated with the Platform other than U.S. taxes based on CaseFleet’s net income.
All Fees are exclusive of all federal, state, provincial, municipal or other taxes which Licensee agrees to pay based on where the Licensee is primarily domiciled. Accounts with monthly paying subscriptions will be charged in advance each month beginning at Sign-up. Accounts with annual paying subscriptions will be charged in advance each year beginning at Sign-up. All charges are non-refundable. No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a Registered User. There are no charges for canceling a subscription, and paying subscriptions cancelled prior to the end of their current billing cycle will not be charged again in the following cycle. The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the amount of available capacity for Content provided by the SaaS. All prices are subject to change upon notice. Such notice may be provided to you, or in the form of an announcement on the Site or Platform.
6. Representations and Warranties.
You represent and warrant to CaseFleet that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Data or have obtained all permissions, releases, rights or licenses required to engage in your activities (and allow CaseFleet to perform its obligations) in connection with the Platform without obtaining any further releases or consents; and (iii) Your Data and your other activities in connection with the Platform, and CaseFleet’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Data contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
You also agree not to:
- upload, post, transmit, or otherwise make available any of Your Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- use the Platform to harm minors in any way;
- impersonate any person or entity, including, but not limited to, a CaseFleet employee, Administrator, Owner, or other Member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- use the Platform as a competitor of CaseFleet for reasons that are adverse to, or can reasonably be expected to compete with, CaseFleet;
- manipulate identifiers in order to disguise the origin of any of Your Data;
- upload, post, transmit, or otherwise make available any of Your Data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of – employment relationships or under nondisclosure agreements);
- upload, post, transmit or otherwise make available any of Your Data in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- sublicense, resell, rent, lease, transfer or assign (except as permitted in [***Section 16]) the Platform or its use, or offer the Platform on a time – share basis to any third party;
- use the Platform to upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- use the Platform to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform, including using any device or software;
- modify, adapt, or hack the Platform, including by using any non-public CaseFleet APIs, or otherwise attempt to gain unauthorized access to the Platform or its related systems or networks.
- intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the Platform, including, but not limited to, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; or
- use the Platform to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the – Immigration and Nationality Act.
You must evaluate, and bear all risks associated with, the use of Your Data, including any reliance on the accuracy, completeness, or usefulness of Your Data.
You acknowledge, consent and agree that CaseFleet may access, preserve and disclose your account information and Your Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of CaseFleet, its users and the public.
7. Term and Termination.
This TOS will continue in full effect unless and until your account or this TOS is terminated as described herein. Service plans that are paid monthly will automatically renew for additional months, and Service plans that are paid annually will automatically renew for additional years. You have the right to deactivate your account at any time by using the account deactivation interface provided on the Platform. Only Primary Owners have the ability to deactivate and delete team accounts. Upon cancellation or termination, your data will be made available to you for download for a period of 30 days, after which it will be deleted.
We reserve the right to deactivate and delete your account (or the access privileges of any Member) and terminate this TOS at any time, with or without notice, for material violations of this TOS. Without limiting the foregoing, CaseFleet may, in its sole discretion, publish policies whereby we delete your account for prolonged inactivity. Upon any termination of this TOS, we will have no obligation to maintain or provide Your Data. If your team’s account is deleted, we will delete or destroy all copies of Your Data in our possession or control, in a reasonably expedient way, unless legally prohibited. Termination of the license shall be in addition to and not in lieu of any equitable remedies available to CaseFleet.
All accrued rights to payment and the terms of shall survive termination of this TOS.
8. Disclaimer of Warranties.
The Platform may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but CaseFleet shall use reasonable efforts to provide advance notice of any material scheduled service disruption. Further, you understand that Your Data may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service. Additionally, while CaseFleet takes steps to ensure that information provided to its third party vendors and hosting partners is transmitted using reasonable security measures, it does not guarantee that these transmissions will be encrypted. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Data. CaseFleet will have no liability to you for any unauthorized access or use of any of Your Data, or any corruption, deletion, destruction or loss of any of Your Data.
THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND CASEFLEET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT CASEFLEET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM CASEFLEET OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL CASEFLEET BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIVE HUNDRED ($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, CASEFLEET’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CaseFleet shall not be responsible for any activity occurring in connection with your use of Platform, and you shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations, including those related to data privacy, international communications, and the transmission of technical or personal data. You must notify CaseFleet immediately of any other known or suspected breach of security.
You agree that your access to the Platform may be subject to limitations, delays, and other problems due to the inherent nature of the Internet and electronic communications, modification or transfer of Platform infrastructure, or other software, network, hardware, or infrastructure issues. You agree that CaseFleet is not responsible for any delays, delivery failures, or other damage resulting from such problems. CaseFleet does not own any content that you submit to the Platform, nor does CaseFleet review or pre-screen any content that you submit. CaseFleet shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any content and/or use of content by you.
CaseFleet shall not be liable for any hardware, software, infrastructure, or any other services provided to you by any third party.
Each Party agrees to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except as necessary to perform its obligations under this Agreement. Both Parties reserve the right to provide the Confidential Information to third parties as required and permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.
You will indemnify, defend and hold CaseFleet (and any of its directors, officers, employees, agents, and representatives) harmless from any claim, action, suit or proceeding made or brought against CaseFleet arising out of or related to your breach of any term of this Agreement.
CaseFleet at its own expense will defend any action brought against you to the extent that it is based on a claim that the Software was used exclusively within the scope of this Agreement infringes any patents, copyrights, licenses, or other property right, provided that CaseFleet is immediately notified in writing of such claim and, for any claims of patent infringement, that all steps or elements of the asserted patent claim(s) are performed by the Software. CaseFleet shall have the right to control the defense of all such claims, lawsuits, and other proceedings. In no event shall you settle any such claim, lawsuit, or proceeding without CaseFleet’s prior written consent. If, as a result of any claim of infringement against any patent, copyright, license, or other property right, CaseFleet is enjoined from using the Software, or if CaseFleet believes that the Software is likely to become the subject of a claim of infringement, CaseFleet at its option and expense may procure the right for you to continue to use the Software, or replace or modify the Software so as to make it non-infringing. If neither of these two options is reasonably practicable, CaseFleet may terminate or suspend the license granted herein on one (1) month’s written notice and refund only the portion of the License Fees paid for the remaining period of the then-current term, and not the entire License Fees paid from Sign-up. The foregoing states the entire liability of CaseFleet with respect to infringement of any copyrights or patents by the Software or any parts thereof.
12. Force Majeure
CaseFleet shall be under no liability to you in respect of anything which, apart from this provision, may constitute breach of this TOS arising by reason of any matter outside the reasonable control of CaseFleet including, but not limited to, acts of nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, any power interruptions or failures of, or interruptions to, any communications equipment, software, or hardware.
13. Export Regulations.
You understand and agree that CaseFleet is subject to regulation by agencies of the U.S. government, including, but not limited to, the U.S. Department of Commerce, which prohibit export or diversion of certain technical products to certain countries. You warrant that you will comply in all respects with the Export Administration Regulations and all other export and re-export restrictions applicable to the technology and documentation licensed hereunder.
14. Enforceability and Severability
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.
15. Integration, Modification, and Authority.
This TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS. All waivers and modifications to this TOS must be in a writing signed by both parties that expressly by its terms modifies or waives a provision of this TOS, except as otherwise provided herein. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind CaseFleet in any respect whatsoever.
You may not assign this TOS or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of CaseFleet. Subject to the foregoing, this TOS will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. CaseFleet may freely assign this agreement. Any attempted assignment by you in violation of this Section will be null and void.
All notices required or permitted to be given by one Party to the other under this Agreement shall be sufficient if sent by personal delivery, e-mail or certified mail. If to CaseFleet, such notices shall be sent to CaseFleet’s business address or, if transmitted electronically, to firstname.lastname@example.org. If to you, such notices shall be sent to the email address provided by you at sign-up. The Parties may update their addresses for notice from time to time by notice to the other Party in conformance with this Section.
18. Choice of Law and Forum.
This TOS will be governed by and construed in accordance with the laws of the State of Georgia without reference to its conflicts of law principles and the courts at Fulton County, Georgia shall have exclusive jurisdiction over any dispute arising in connection with this TOS. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. No agency, partnership, or joint venture is created by this TOS. The Parties are and remain at all times independent contractors and not agents or employees of the other Party. The United Nation Convention on contract for the International Sales of Goods shall not apply to this TOS.
19. No Right of Survivorship and Non-Transferability.
If you are a living person, you agree that your account is non-transferable and your rights to the content within your account terminate upon your death, however the content may be thereafter be available and accessible by Administrative Users.
20. Entire Agreement.
This Agreement embodies the entire understanding of the parties and supersedes any previous or contemporaneous communications, whether oral or written; and may be amended only by a writing signed by both parties.
21. Waiver and Severability of Terms.
The failure of CaseFleet to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
Last updated January 18, 2018