These Artificial Intelligence (AI) Terms and Conditions (“AI Terms”) only govern Your use of CaseCloud AI products (“Products”) provided by Mitratech, Inc., a Mitratech Holdings, Inc., subsidiary (“Mitratech”). By accessing or using the Products, You agree to be bound by these AI Terms. If You do not agree with any part of these AI Terms, You may not use the Products.
“You” or “Your” shall mean the individual accessing or using the Product in his/her/their individual capacity, or as, or on behalf of a Client.
- Acceptance of Terms.
By using the Products, You acknowledge that You have read, understood, and agree to be bound by these AI Terms and any additional terms and conditions provided by Mitratech. - Digital Assistant Description.
The Products are proprietary artificial intelligence products developed by, deployed by and/or offered by Mitratech to its Clients, that use large language models (LLMs) to provide the underlying services. CaseCloud uses foundational models such as Open AI and Anthropic as the base of its Products, and We do not train or fine-tune the foundational models. The Product does not provide financial, legal or tax advice: outputs and results generated by the Products should not be construed as financial, legal or tax advice, nor shall it be exclusively relied on without additional review for accuracy, relevancy, and applicability. We encourage You to review Your results with relevant experts, legal, financial and/or tax professionals, as needed.
- Pricing.
Mitratech reserves the right to update and/or charge then-current prices for the Products with thirty (30) days advance written notice. - Review and Accuracy.
Mitratech does not guarantee the accuracy, relevancy, applicability and success of the Products’ results, outputs, data, information and/or material generated, even if there is a human reviewing the output. We encourage You to review all outputs for accuracy, relevancy and applicability before reliance and/or use. - Restricted Uses.
You shall not:- Copy, reverse engineer, decompile or disassemble the Products;
- Modify, combine, adapt, create derivative works from the Products;
- Share, sub-license, license or transfer any rights granted herein;
- Sell, commercialize or exploit the Products or any of its outputs generated;
- Hold Yourself out as the creator of the outputs generated solely by the Products;
- Use any Mitratech intellectual property in association with the Products’ output without Mitratech’s written consent;
- Input personal data, sensitive data, HIPAA protected, financial information, banking information, confidential information, proprietary information, information about an individual or entity outside of the United States, and/or trade secrets belonging to You or any third party;
- Input data, information, content, material or intellectual property that You do not own or have the legal right and/or license to use;
- Use the Products for illegal purposes, including on behalf of others;
- Provide Your passwords or other log-in information to any third party;
- Access the Products in order to build a competitive product or service, to build a product or service using similar ideas, features, functions or graphics of the Products, or to copy any ideas, features, functions or graphics of the Products, or allow a third party to do so using Your our Your Users’ accounts;
- Remove, alter, cover, or obfuscate any proprietary notices, labels, trademarks, or service marks on the Products or any part thereof; and
- Use the Products in a way that violates or infringes upon the rights of a third party, including those related to contract, intellectual property, privacy, or publicity; and
- Use the Products in any manner that could damage, disable, overburden, or impair the Products or interfere with any other party’s use of the Product.
- Permitted Purpose.
You shall only use the Products for internal business purposes and as outlined in Your Mitratech or CaseCloud agreement (“Permitted Purpose”). - Intellectual Property and Licenses.
The Products, in their entirety and parts thereof, are proprietary to Mitratech and is owned exclusively by Mitratech. The Products, including without limitations any derivative works, content within, software, algorithms, and features, are protected by intellectual property rights owned or licensed by the Company. You are granted a limited, revocable, non-transferrable, non-sublicensable and non-exclusive right to use the Products solely for the Permitted Purpose. You shall not copy, share, recreate, publicly display, disseminate, commercialize, sell, license, transfer, modify, distribute, or reverse engineer the Products or any part thereof. You shall not hold yourself out to be the content creator or author of any of the content, results or outputs generated solely by the Products. You shall not use any of Mitratech’s intellectual property, including without limitation trademarks, logos, copyright and trade dress, in association with Your use of the Products’ outputs, results, material or content generated. The licenses granted herein will automatically terminate in the event that You are no longer a Client of Mitratech or its subsidiaries or affiliates, if these AI Terms are terminated with or without cause, if You breach any term within these AI Terms and/or as notified by Mitratech. Further, You represent and warrant that You own or have the legal right to the data and content that You input into the Products, and that such data is accurate. The outputs, results, work product and/or material created by You using the Products shall be owned by You with a perpetual, revocable, non-exclusive, non-transferrable, non-sublicensable license to Us to use for internal business purposes only. - Feedback.
We shall be entitled to use the Feedback provided by You without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Feedback, and nothing in these AI Terms or in the parties’ dealings arising out of or related to these AI Terms will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting You. Feedback will not constitute Your confidential information. - Privacy, Hosting and Data Practices.
Your use of the Product may involve the collection and processing of personal data. Some data that we collect include, without limitation, User Inputs such as queries and uploaded files, interaction metadata such as timestamps and session IDs, and grounding context such as Salesforce matter metadata (if enabled). Data may be used to enhance retrieval performance and semantic memory via RAG (Retrieval-Augmented Generation). Any retained data is used for accuracy evaluation and performance enhancement only. By using the Products, You consent to Mitratech’s collection, use, and disclosure of Your data as described in Mitratech’s Privacy Policy (which is hereby incorporated by reference into these AI Terms), located at https://Mitratech.com/privacy-policy/. We do not sell any data or information shared with Mitratech through the Products. We may, pursuant to the Mitratech Privacy Policy, use the data to analyze the efficacy, results and/or usage of the Products, to improve the Products and Mitratech Services, and/or provide and/or create additional services, products, offerings, trials, and/or derivative works. By agreeing to these AI Terms, You consent to Mitratech sharing and/or transferring Your data with third party processors and/or hosting services that are required to provide You with the Products.
- DISCLAIMERS.
MITRATECH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCT, ITS ACCURACY, RELEVANCY, SUCCESS, FITNESS FOR A PARTICULAR PURPOSE, MARKETABILITY, MERCHANTABILITY, AND/OR APPLICABILITY. THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (1) COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS WILL PERFORM WITHOUT INTERRUPTION OR ERROR; AND (2) COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS ARE SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT USER CONTENT WILL REMAIN PRIVATE OR SECURE. NO ORAL OR WRITTEN AGREEMENT SHALL AMEND OR MODIFY THIS SECTION UNLESS SIGNED BY AN EXECUTIVE OF MITRATECH. - Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MITRATECH, ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA, ANY BREACHES OR WAIVERS OF CONFIDENTIALITY OR PRIVILEGE BY SHARING PRIVILEGED OR CONFIDENTIAL DOCUMENTS WITH THE PRODUCTS AND/OR MITRATECH, YOUR FAILURE TO COMPLY WITH ANY STATE, LOCAL AND/OR FEDERAL LAWS, ORDINANCES, RULES, REGULATIONS AND/OR STATUTES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, ARISING FROM OR IN ANY WAY CONNECTED WITH THESE AI TERMS AND/OR THE PRODUCTS , EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE FORESEEABLE, AND REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MITRATECH AND ITS AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AND CONTRACTORS , WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING FROM OR RELATED TO THESE AI TERMS AND/OR THE PRODUCTS EXCEED THE AMOUNTS PAID TO MITRATECH BY YOU UNDER THE RELEVANT ORDER FORM OR AGREEMENT FOR ACCESS TO OR USE OF THE AI PRODUCT(S) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING LIMITATION OF LIABILITY PROVISION SHALL APPLY TO ANY CLAIM ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE AI TERMS AND/OR PRODUCTS, EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. No action, regardless of form, arising out of or related to the Products shall be brought by You more than one (1) year after the cause of action has accrued. - Indemnification.
You agree to indemnify, defend, and hold harmless Mitratech, its affiliates, subsidiaries and their respective officers, directors, employees, and agents from and against any and all third-party claims, lawsuits, demands, penalties, fines, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with (a) Your use of the Products; (b) Your breach of these AI Terms or violation of applicable law with respect to Your use of the Products; (c); any claim alleging that You or the content You input into the Products infringes or misappropriates another person or entity’s intellectual property rights, privacy rights, titles, goodwill, interests and/or publicity rights; (d) any claim alleging the output from the Products, if combined with information not provided by Mitratech or if modified in any way, is illegal, non-compliant with applicable laws, inaccurate, or infringing. This section shall survive the termination or expiration of these AI Terms. - Modification of Terms.
Mitratech reserves the right to modify these AI Terms at any time by posting the revised AI Terms on its website or notifying You through other means. Your continued use of the Products after the effective date of any such changes constitutes Your acceptance of the modified AI Terms. - Termination.
Mitratech may terminate or suspend Your access to the Products at any time, with or without cause or notice, in its sole discretion. Upon termination, Your right to use the Products will cease immediately, along with all rights and/or licenses granted to You herein. - Governing Law.
These Terms shall be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law principles. You hereby consent to personal jurisdiction in State and/or Federal court in Texas, and waive all objections to forum and venue, including any claims to forum non conveniens. - Attorney Fees.
You hereby agree that Mitratech is entitled to receive reasonable attorney fees and costs if it or its affiliates and/or subsidiaries are a prevailing party to any claim, dispute, arbitration, litigation, and/or settlement arising from or relating to these AI Terms. - Entire Agreement.
These AI Terms constitute the entire agreement between You and Mitratech regarding Your use of the Products and supersede all prior or contemporaneous agreements, representations, warranties, and understandings related to the Products.
If you have any questions about these AI Terms, please contact us at [email protected]
