Terms of Service

1. About

These Terms of Service (Terms) govern how you may access and use the websites and online software available within our domain litigaze.com (Products).

You need to comply with these Terms to access and use our Products.

By accessing or using our Products you accept these Terms and a binding agreement is created between us and you incorporating these Terms. You agree that your electronic acceptance of these Terms has the same legal effect as a handwritten signature, and that we may give you communications relating to these Terms electronically (by email, through the Products, or by posting on our website).

If you are accepting these Terms on behalf of a law firm, business or other organization, you represent and warrant that you have the authority to bind that organization, and "you" and "your" refer to that organization. Each party represents and warrants that it is authorized to enter into these Terms and that doing so will not violate any applicable rules or policies binding on it.

2. Your Account

To access and use some of our Products (Subscription Products) you first need to open an account with us (Account).

You can open an Account via the sign up process on our website. You must provide complete and accurate information when opening your Account and you must keep your Account details up-to-date.

You must keep all login details associated with your Account (including share links and passwords) secret and secure. You are solely responsible for all activity that occurs in relation to such login details. You must notify us immediately if you become aware of any actual or suspected security breaches in relation to your Account.

Your Account is personal to you and you must not transfer your Account to anyone else.

3. Subscription Products

To access and use our Subscription Products, you need to activate the relevant subscriptions and pay us the associated subscription fees we specify from time to time on our website (except during any free trial periods we offer you). Subscription fees are due and payable in advance at the start of each monthly or annual subscription period (as applicable).

Subscription Products may only be accessed and used by the individual user whose name is associated with the relevant subscription.

You may cancel subscriptions to our Subscription Products at any time, in which case the cancellation will take effect at the end of the current monthly or annual subscription period. Following cancellation, we may limit or suspend access to a Subscription Product (including any related data and content) when the current subscription period ends. We do not offer refunds for subscription fees if you cancel due to a change-of-mind.

If we increase subscription fees, the increase will only take effect from the start of your next monthly or annual subscription period, and for annual subscriptions we will give you at least 30 days' notice before the renewal. If you do not agree to the increase, you may cancel before the renewal and the increase will not apply to you.

Subscription fees do not include any sales, use, value-added, goods and services or similar taxes that may apply to your purchase. You are responsible for any such taxes, which we may add to your charges where we are required to collect them.

You will not be able to access or use any Subscription Products if your Account is suspended or cancelled.

4. Your Content

Some features in our Products may allow you to input content (such as text, documents and images) into our Products (Inputs), and our Products may generate responses or other outputs based on your Inputs, such as summaries, classifications and draft text (Outputs). Your Inputs and Outputs are together Your Content. As between you and us, you retain ownership of any rights you hold in Your Content, and to the extent we hold any right, title or interest in any Outputs, we assign such right, title and interest to you. You acknowledge that Outputs may be similar or identical to outputs generated for other users, and that content submitted by or generated for other users is not Your Content.

You grant us a non-exclusive royalty-free worldwide licence to use Your Content solely to provide the Products to you, to address or prevent technical, security or legal issues, and as otherwise required by law. We may sublicense these rights to our service providers and subprocessors solely to the extent necessary to provide the Products.

We will not use Your Content to train or fine-tune any generalized machine learning or artificial intelligence models that are made available to other customers or third parties, and we require that our AI service providers and subprocessors are subject to equivalent restrictions with respect to Your Content.

You warrant to us that you are authorized to grant us a licence for Your Content and that our use of Your Content in accordance with these Terms will not infringe the intellectual property rights of any third party.

We may delete or disable access to Your Content if it doesn't comply with these Terms or if your Account is cancelled or suspended, and we won't be liable to you if that happens.

You indemnify us and our officers, employees, agents and affiliated companies against any losses and costs (including legal costs on an indemnity basis) any of them may suffer or incur in relation to any third-party claims arising out of or relating to: (a) Your Content, including claims that Your Content infringes the rights (including intellectual property rights) of any person, breaches any privacy or confidentiality obligation (including any court order or protective order), or constitutes any other form of unlawful or illegal conduct; or (b) your breach of the General restrictions or any other provision of these Terms.

If you choose to provide us with suggestions, enhancement requests or other feedback regarding our Products (Feedback), we may use that Feedback without restriction or obligation to you. Feedback is not Your Content and is not your Confidential Information.

5. Our IP

All intellectual property rights throughout the world in our Products (including all copyright, trademark and patent rights) (Our IP), are owned exclusively by us and our nominated third-party licensors at all times.

We don't transfer any of Our IP to you or to any other person under these Terms or as a result of you accessing or using our Products.

We grant you a limited revocable personal non-exclusive non-sublicensable non-transferable licence to use Our IP only to the extent necessary to enable you to access and use our Products in accordance with these Terms. You must not access or use Our IP in any other way.

6. Privacy and data

Our Privacy Policy explains how we collect, use, disclose, store and grant access to personal information. By accepting these Terms, you provide consent for us to deal with your personal information in accordance with our Privacy Policy.

We may create aggregated anonymized data sets of user activity in relation to our Products for internal analytics and product improvement, provided such data sets do not identify, and cannot reasonably be used to identify, you or any individual. You agree such data sets are owned exclusively by us.

If your Account or a subscription is cancelled, we will delete Your Content from our active systems within 60 days after the cancellation takes effect, except to the extent we are required to retain it by law or it persists in routine backups pending scheduled deletion. See our security page for more information about our security practices.

7. Confidentiality

Each of you and we may share information with the other that is identified as confidential or proprietary, or that the recipient would reasonably understand to be confidential or proprietary (Confidential Information). Your Content is your Confidential Information.

The recipient may only use the discloser's Confidential Information to exercise its rights and perform its obligations under these Terms, and may only share it with the recipient's employees, agents, advisors and (in our case) service providers and subprocessors who need to know it and who are bound by confidentiality obligations at least as protective as those in these Terms. The recipient must protect the discloser's Confidential Information from unauthorized use, access or disclosure with no less than reasonable care, and is responsible for the acts and omissions of anyone it shares that information with.

Confidential Information does not include information that: (a) becomes publicly available through no fault of the recipient; (b) was already known to the recipient without an obligation of confidentiality; (c) is received from a third party without breach of any confidentiality obligation; or (d) is independently developed by the recipient without use of the discloser's Confidential Information.

The recipient may disclose the discloser's Confidential Information to the extent required by law or by a court, regulatory or administrative order, and will, except where prohibited, promptly notify the discloser and cooperate in good faith with the discloser's efforts to prevent or narrow the scope of the disclosure.

8. Third party services

We use third-party services to operate and provide our Products, such as hosting providers, AI model providers and payment processors (Third Party Services), and we may engage subprocessors to help us provide the Products, subject to confidentiality and security obligations appropriate to the services they perform.

Third Party Services are not part of our Products, and we are not responsible for the terms, availability or performance of Third Party Services. If our Products allow you to connect to or integrate with any third-party application, your use of that application is governed by your agreement with the relevant third party, and you warrant that you are authorized to connect it to our Products and to permit us to process Your Content sent to us from that application.

9. Fair use policy

Some features in our Subscription Products may incur third-party AI charges that depend on usage. We reserve the right to limit access to these AI features if your usage exceeds reasonable limits as determined by us from time to time, including if your usage results in third-party AI charges that approach or exceed the prices you pay us for Subscription Products. Where feasible, we will give you notice before limiting AI features under this policy, and we may offer you upgraded or tailored plans if your usage consistently exceeds included AI allocations.

10. General restrictions

Each of you and we will comply with all laws applicable to our respective provision and use of the Products, including applicable data privacy laws. You must not do or attempt, or assist or permit anyone else to do or attempt, any of the following:

• access or use our Products otherwise than in accordance with these Terms;
• access or use our Products otherwise than in the ordinary course of your business;
• access or use our Products for any unlawful or illegal purpose;
• use any automated system, software or technology (including robots, spiders, crawlers or scrapers) to access or extract data from our Products for any commercial purposes;
• use our Products to defame, harass, threaten or menace any person;
• use our Products in a manner that infringes any intellectual property rights of any person, including posting, uploading, publishing, submitting or transmitting any content without the permission of the owner of that content;
• interfere with any other person's access to or use of our Products;
• publicly disparage us or bring our name into disrepute;
• tamper with or modify our Products or knowingly transmit any virus, malware, trojan horse, worm, ransomware or other harmful code, or conduct or facilitate any denial-of-service attack, that may damage or interfere with our Products;
• systematically monitor, benchmark or scrape the availability, functionality or performance of our Products for the purpose of developing a competing product or service;
• input into our Products any payment card industry (PCI) data, classified information, data subject to the International Traffic in Arms Regulations (ITAR), or personally identifiable health data, unless we have expressly agreed to support that data category;
• use our Products in breach of any confidentiality obligation owed to a third party, including any court order or protective order relating to case data.

You remain solely responsible for your compliance with all court orders, protective orders and confidentiality obligations that apply to any case data or other content you input into our Products.

11. Account suspension and cancellation

Your Account will remain open unless it is suspended or cancelled in accordance with these Terms.

You can cancel your Account at any time by contacting us at support@litigaze.com. We will do our best to promptly cancel your account after receiving notification from you.

We may suspend or cancel your Account at any time with or without notice if you fail in any way to comply with these Terms. If we suspend (rather than cancel) your Account and we ask you to rectify your non-compliance, we will remove the suspension upon you rectifying your non-compliance within the time we specify. If you don't rectify your non-compliance within the time we specify, we may cancel your Account. We may also suspend your access, or cancel your Account, immediately if we reasonably believe there is a security threat to or attack on the Products requiring immediate action, or that our provision of the Products to you is prohibited by applicable law. We will use reasonable efforts to notify you of any suspension and to restore access once the issue giving rise to the suspension is resolved, where it can be resolved. Provided you continue to pay all undisputed fees when due, we will not suspend your Account solely because of a good-faith billing dispute.

You may also cancel your Account if we materially breach these Terms and do not cure the breach within 30 days after you give us written notice describing the breach. If you cancel for our uncured material breach, we will refund you a pro-rata portion of any prepaid subscription fees for the unused remainder of the current subscription period.

Suspension or cancellation of your Account will not affect any of your obligations under these Terms, which will continue during any suspension and after any cancellation. The provisions of these Terms which by their nature should survive cancellation will survive, including sections 4 (Your Content), 7 (Confidentiality), 13 (Not legal advice), 14 (Liability), 15 (Disputes) and 16 (Other terms), and your obligation to pay any fees accrued before cancellation.

12. Notices

We may give any notices permitted or required under these Terms by sending an email to the email address associated with your Account. We are not required to give notices by any other means, unless required by law to do so.

13. Not legal advice

We are a legal technology company, not a law firm. Our Products may use artificial intelligence to generate Outputs, including summaries, classifications and draft text. Outputs may contain errors, omissions or inaccuracies and may not reflect current law. Outputs do not constitute legal advice, legal opinions or legal recommendations, and no lawyer-client or attorney-client relationship is created by your use of our Products.

You are solely responsible for reviewing and independently verifying the accuracy and suitability of any Outputs before relying on them in any legal advice, court filing, discovery decision or client communication. Our Products are not a substitute for independent legal research or professional judgment.

14. Liability

To the full extent permitted by law, we do not make any express or implied warranties to you whatsoever in relation to our Products (such as warranties that our Products or use of our Products will meet any performance or quality standards, be fit for any particular purpose, be error-free or be uninterrupted). Our Products are provided on an "as-is" and "as-available" basis. You are solely responsible for how you use our Products, including in relation to any legal advice you may provide using our Products.

To the full extent permitted by law, we will not be liable to you for any losses (including direct, indirect, incidental, special, exemplary, punitive or consequential loss, and any loss of profits, revenue, data or goodwill) or costs suffered or incurred by you in relation to your access to or use of our Products or any Outputs, including in relation to any failure or technical issues that limit or prevent your access or use, whether such liability arises in contract, tort (including negligence), strict liability or otherwise, and even if we have been advised of the possibility of such losses. Without limiting the foregoing, to the full extent permitted by law, our total aggregate liability to you for all claims, whether in contract, tort (including negligence) or otherwise, shall not exceed the total fees paid by you to us in the 12-month period immediately preceding the event giving rise to the claim.

To the full extent permitted by law, and despite the security measures we employ, we will not be liable to you for any losses (including direct, indirect or consequential loss) or costs suffered or incurred by you as a result of any unauthorized access to or use of your Account or Your Content by any third party.

The disclaimers, exclusions and limitations of warranties and liability under these Terms will not apply to you to the extent they are prohibited by applicable law.

15. Disputes

Before starting any court proceedings in relation to a dispute arising out of or in relation to these Terms (other than proceedings seeking urgent injunctive or other equitable relief), you and we will first attempt in good faith to resolve the dispute informally. The party raising the dispute must give the other party written notice describing the dispute, and the parties will attempt to resolve it within 60 days after that notice is given. If the dispute is not resolved within that period, either party may commence proceedings in accordance with these Terms.

16. Other terms

Neither party is liable for a failure to perform any obligation under these Terms (other than an obligation to pay money) to the extent the failure is caused by events outside its reasonable control, such as acts of God, fire, strikes, third-party hardware, software or communication failures, cyber-attacks or war. The affected party will notify the other and use commercially reasonable efforts to resume performance as soon as possible.

These Terms, together with the documents incorporated by reference (including our Privacy Policy), constitute the entire agreement between you and us with respect to your use of our Products and supersede all prior or contemporaneous understandings or agreements relating to that subject matter, unless you and we have signed a separate written agreement covering your use of the Products, in which case that agreement prevails to the extent of any inconsistency.

Any failure by us to exercise, delay in us exercising or partial exercising of any power, right or remedy under these Terms does not constitute a waiver.

Any provision of these Terms may be (a) read down to the minimum extent necessary to achieve its validity, if applicable; and (b) severed from these Terms in any other case, without invalidating or affecting the remaining provisions of these Terms.

You must not assign or novate your rights or obligations under these Terms. We may assign and novate our rights and obligations under these Terms to any third party at any time.

These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria, Australia in relation to any matters or disputes arising out of or in relation to these Terms.

We may change these Terms and our Products from time to time. For material changes to these Terms, we will give you at least 30 days' notice before the changes take effect, by email or by posting the updated Terms on our website, except where a shorter period is required to respond to changes in applicable law. Changes to these Terms will not apply retroactively to any dispute raised before the changes take effect, and we will not change the data use restrictions in section 4 or the confidentiality protections in section 7 in a manner that materially reduces the protections afforded to Your Content without your consent (other than to reflect changes in applicable law). You should check our website for the most up-to-date Terms and information about our Products. Your continued use of our Products after any changes to these Terms take effect constitutes your acceptance of the Terms as changed. If you do not agree to any changes we make to these Terms or our Products, do not use or access our Products, and you may cancel your Account before the changes take effect.

In these Terms, the words "we", "us" and "our" mean and refer to Prenario Pty Ltd trading as Litigaze (ABN 71 631 164 666).