Updated November 20, 2023.

YOUR USE OF THIS WEBSITE (BRIEFPOINT.AI) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

This website, including all of its features and content on briefpoint.ai and the application, located at app.briefpiont.ai (this “Web Site”) is a service made available (the “Services”) by The Simple Associate, Inc., dba Briefpoint, or its affiliates (“Provider”) and all content, information, services, and software ordered or provided on or through this Web Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).

1. Web Site Limited License. As a user of this Web Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.

2. Limitations on Use; Third-Party Communications.

2.1. Limitations on Use. The Content on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing and to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not use the Content to determine a consumer’s eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider’s prior written permission. You may not use this Web Site to transmit any false, misleading, fraudulent, or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of this Web Site, except to the extent permitted above. You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.

2.2. Third-Party Communications. Provider disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Provider assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Web Site.

3. Not Legal Advice. Content is not intended to and does not constitute legal advice and no attorney-client relationship is formed. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk.

4. Intellectual Property Rights.

4.1. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 

4.2. You certify and warrant that the Inputs do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right.

4.3. You acknowledge and agree that your submitting Inputs to this Web Site and/or drafting content on this Web Site does not create any new or alter any existing relationship between you and Provider.

4.3.a Your Work Product. You retain all right, title and interest (including, but not limited to, intellectual property rights) in and to your Confidential Information, any work product that you enter or type into the Web Site (“User Data”), legal briefs, and other court submissions drafted on the Web Site (“Drafts”), and any reports generated by the Web Site (generally, “Your Content”). 

4.3.b. You grant Provider a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable and sublicenseable license to access and use User Data in order to generate usage data that does not identify, or reasonably permit identification of, the User Data (the “Usage Data”) and Provider does and shall not own the Usage Data. For example, Provider may use the aggregate of User Data to determine how many users are using Briefpoint.

4.3.c By default, your data is restricted to your account and your account only. Provider claims no ownership rights over your content. However, you understand that, when you share content via Briefpoint’s collaboration features (i.e., when you expressly assign another attorney from your firm to a case, thereby sharing the contents of that case with that attorney), certain portions of the Services may allow the User you shared the case with to view, edit, share, and/or otherwise interact with Your Content. By affirmatively providing or sharing Your Content through the Services, you agree – and permit – the User you expressly assigned to collaborate on that case to view, edit, share, and/or interact with Your Content in accordance with your settings and these Terms. You agree to mark any sensitive or proprietary content as confidential prior to making such content available to any other User. Provider has the right (but not the obligation) in its sole discretion to remove any of Your Content that is shared via the Services. 

4.3.d PROVIDER WILL NEVER SELL, USE, OR LEVERAGE YOUR CONTENT – I.E., YOUR DOCUMENT UPLOADS – IN ITS MARKETING MATERIAL OR IN ANY MANNER DISPLAYED PUBLICLY WITHOUT YOUR EXPRESS CONSENT. You grant, and you represent and warrant that you have all rights necessary to grant to Provider the right to use, copy, store, and modify Your Content to maintain and provide the Services; (b) to perform such other actions as described in our Privacy Policy or as authorized by you in connection with your use of the Services. In connection with Your Content, you affirm, represent and warrant the following:

> You have obtained and are solely responsible for obtaining all consents as may be required by law to post any of Your Content relating to third party service providers;

> Your Content and Provider’s use thereof as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;

> We may exercise your rights to Your Content granted under these Terms without liability for payment of any fees. 

4.3.e Provider takes no responsibility and assumes no liability for any of Your Content that you send, or otherwise make available over the Services. You shall be solely responsible for Your Content and the consequences of posting it, publishing it, sharing it, or otherwise making it available on the Services, and you agree that Provider is only acting as a passive conduit for generating documents for you using the data contained within Your Content. You understand that you may be exposed to generated content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited for your purposes, and you agree that Provider will not be liable for any damages you allege to incur as a result of or relating to any generated content accessed on or through the Services. 

4.4 Provider retains all right, title and interest (including, but not limited to, intellectual property rights) in and to the Services including all of the software, code, interfaces, processes, images, graphics, text or other materials contained therein, and other technology used by Provider in providing the Services (the “Briefpoint Technology”), Provider’s Confidential Information, any documentation made available to you by Provider for use with the Services, the collective ideas, know-how, inventions, methods, or techniques developed or conceived as a result of providing the Services hereunder, including any derivative works, improvements, enhancements and/or extensions made to the Services and any information reflecting the access or use of the Services by or on behalf of you or any user, including but not limited to visit-, session-, impression-, click through- or click stream-data and any statistical or other analysis, information or data based on or derived from any of the foregoing. In the event you provide Provider with any suggestions, ideas, improvements or other feedback with respect to any aspect of the Services (“Feedback”), Provider shall own such Feedback.

5. Confidentiality 

5.1 The parties acknowledge and agree that each party (the “Receiving Party”) may have access to certain confidential information (“Confidential Information”) of the other party (the “Disclosing Party”). “Confidential Information” means all information provided by the Disclosing Party to the Receiving Party hereunder that is (i) proprietary and/or non-public information related to the business activities of the Disclosing Party, its subsidiaries, and its affiliates, including any business plans, strategy, pricing, or financial information; (ii) the terms of any Subscription Agreement; and/or (iii) any other information that is designated as confidential by the Disclosing Party. Confidential Information of Provider shall also include the Services, and Confidential Information of the User shall also include the Drafts and Reports. Confidential Information does not include Your Content or any information that is or was, at the time of the disclosure: (a) generally known or available to the public; (b) received by Receiving Party from a third party; (c) already in Receiving Party’s possession prior to the date of receipt from Disclosing Party; or (d) independently developed by the Receiving Party without reference to Disclosing Party’s Confidential Information, provided in each case that such information was not obtained by the Receiving Party as a result of any unauthorized or wrongful act or omission, or breach of this Agreement, or breach of any legal, ethical or fiduciary obligation owed to the Disclosing Party. At all times the Receiving Party shall: (1) use the same standard of care to protect the Confidential Information as it uses to protect its own confidential information of a similar nature, but not less than a commercially reasonable standard of care, (2) not use the Disclosing Party’s Confidential Information other than as permitted under this Agreement, and (3) not disclose, distribute, or disseminate the Confidential Information to any third party, except as permitted by this Agreement.

 

6. AI Policy: NO data processed by any third-party AI system is submitted to that third party for use by the third party’s AI training data.

6.1 YOUR WORK PRODUCT IS NOT STORED IN ANY AI TRAINING SET OR USED BY ANY AI TO IMPROVE ITS FUNCTION. 

6.2 NO CLIENT INFORMATION IS USED TO TRAIN OR IMPROVE BRIEFPOINT OR ANY OTHER AI SYSTEM.