Terms and Conditions
Updated May 24, 2023.
YOUR USE OF THIS WEBSITE (BRIEFPOINT.AI) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
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.
4.2. 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 & Content. You retain all right, title and interest (including, but not limited to, intellectual property rights) in and to your Confidential Information, any data that you upload or enter into the Web Site (“User Data”), legal briefs and other court submissions drafted on and/or uploaded to the Web Site (“Drafts”), any reports generated by the Web Site, and any other content and documents uploaded to the Website by you (“Your Content”). PROVIDER WILL ONLY ACCESS THE CONTENT THAT YOU UPLOAD IF THERE IS A REPORTED ERROR PROCESSING THAT CONTENT (THEREBY CONDUCTING AN “ENGINEERING REVIEW”). ENGINEERING REVIEWS DO NOT RELATE TO THE SUBSTANCE OF THE UPLOADED CONTENT, BUT, RATHER, THE STRUCTURE AND NATURE OF THE CONTENT AS IT RELATES TO PROVIDER’S SOFTWARE’S ABILITY TO IDENTIFY, EXTRACT, AND MAKE USE OF THE DATA CONTAINED WITHIN THE CONTENT IN ORDER TO PROPERLY EXECUTE, MAINTAIN, AND IMPROVE THE SERVICES. ENGINEERING REVIEWS ARE NOT MANDATORY – you can opt out of Engineering Reviews at any time by emailing Support@briefpoint.ai with the subject “Engineering Review Opt-Out”, and thereafter explaining whether you would like to opt-out of engineering reviews for your entire account or a specific matter. After opting out, Briefpoint’s Compliance Team will email you when an error occurs and ask whether or not you would like us to resolve the error (thereby triggering an Engineering Review).
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.
> 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.
4.3.f Unless otherwise mutually agreed to in writing, Your Content shall not include, and you shall not process or submit to Provider, any sensitive or regulated data, including, but not limited to: (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (HIPAA) unless done so pursuant to a Business Associate Agreement (BAA) agreed to and executed by you and Provider; (iii) credit, debit, or other payment card data subject to PCI DSS; (iv) other personal information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations); (v) social security numbers, driver’s license numbers, or other government ID numbers; or (iv) any data similar to the foregoing that is protected under foreign or domestic laws or regulations.
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.
5.1 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
6.1 All data processed by any third-party AI system is not submitted to that third-party for use by the third-party’s AI training data. All feedback you give Briefpoint on our AI’s functionality is used strictly for internal quality improvements of our own systems – it is not used for Reinforcement Learning Human Feedback (RLHF). All data submitted to any third-party AI is anonymized and thereafter deleted from that AI immediately after processing and inaccessible to the same.
9. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
10. Registration. Certain sections of this Web Site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name, Bar license identification number, or password; or b) access through a single name or Bar license identification number being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing email@example.com.
11. Errors and Corrections. Provider does not represent or warrant that this Web Site, its services, downloads, Microsoft Word Documents, or the Content or Inputs will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always work or be accessible. Provider does not warrant or represent that the Content or Inputs available on, from, pursuant to, or through this Web Site will be correct, accurate, timely, or otherwise reliable. This includes anything downloaded from the Website or extracted from anything you upload to the Website. Provider may make improvements and/or changes to its features, functionality or Content or Inputs at any time.
13. Attorney Ethics Notice. ONLY DULY LICENSED ATTORNEYS AND THEIR AGENTS ARE PERMITTED TO USE THE SERVICES. If you are an attorney using any aspect of this Web Site, including but not limited to uploading documents, creating new documents, or using the Web Site’s Interactive Areas, a) you represent and warrant that you are an attorney in good standing with a license to practice law in at least one of the 50 United States of America or the District of Columbia, b) you agree to promptly notify Provider of any grievance, claim, reprimand, or censure brought against you, as well as resignation or other loss of license, c) you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your usage and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to competence, ethics, solicitation of clients, rules regarding the establishment of attorney-client relationships, attorney-work product rules, failure to maintain client confidences, unauthorized practice of law, and misrepresentations of fact. Provider disclaims all responsibility for your compliance with these Rules.
15. Assumption of Risk. You assume all liability for any claims, suits or grievances filed against you, including all damages related to your participation in any of the Interactive Areas.
16. DISCLAIMER. THIS WEB SITE, ITS SERVICES, THE INTERACTIVE AREAS, THE CONTENT, AND INPUTS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, DOWNLOADS, AND THE INPUTS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE INPUTS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE INPUTS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE INPUTS.
17. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE DOWNLOADS, WORD DOCUMENTS, BRIEFS, MOTIONS, DISCOVERY REQUESTS, MEMORANDUM, THE CONTENT, THE INPUTS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE DOWNLOADS, THE INPUTS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
19. Third Party Rights. The provisions of paragraphs 16 (Disclaimer), 17 (Limitation of Liability), and 18 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
24. Additional Terms for Briefpoint’s Text Inputs. Your use of the Briefpoint’s document creator, text inputs, document responding technology, caption creator, case law, documents, downloads, document downloads, legal forms and other related materials (“Briefpoint Services”) is also governed by the General Terms and Conditions for Use of The Simple Associate, Inc., dba Briefpoint’s Services, which are provided during the registration process for these Briefpoint Services, all of which are incorporated by reference herein. Your completion of the Briefpoint Services registration process constitutes your acceptance of the Provider Services Terms. If you do not agree with any Provider Services Terms, you are not permitted to access the Briefpoint Services.