Terms and Conditions

Last Updated: September 10, 2024

Welcome to Smart Legal AI, Inc., a Delaware-based company that provides a cutting-edge AI chatbot service designed to streamline client intake for law firms. The Smart Legal AI chatbot is integrated directly into law firm websites, enabling clients to engage in an automated chat for legal intake, with the collected information securely delivered to the lawyer or law firm.

This agreement outlines the terms and conditions that govern your use of the Smart Legal AI service (the “Service”). By accessing and using our Service, you (“User”) agree to be bound by this Agreement. If you have any questions about the terms of this contract, we encourage you to reach out to us for clarification.Please note that full access to the Service will only be granted after this Agreement is accepted.

Introduction to the Service

Smart Legal AI is a platform that facilitates communication between potential clients and legal professionals through its AI chatbot service. The Service helps legal professionals capture and manage initial client inquiries but does not guarantee that clients will receive or secure legal representation. Smart Legal AI makes no determination regarding whether or when an attorney-client relationship is formed. Users should be aware that Smart Legal AI itself is not a law firm and does not provide legal advice, mediation, or counseling under any circumstances.

Attorney-Client Relationship Disclaimer

Any interaction with Smart Legal AI, including the use of its chatbot, does not establish an attorney-client relationship between the User and Smart Legal AI, its affiliates, or any legal professional using the Service. Any electronic communication sent through Smart Legal AI’s platform is expressly denied as creating such a relationship. Users are encouraged to consult directly with an attorney before relying on any legal information received through the chatbot service.

No Legal Advice or Guarantee of Representation

Smart Legal AI does not provide legal advice or guarantee that the use of its Service will result in legal representation. While the platform facilitates the exchange of information between clients and legal professionals, it does not take part in agreements between Users and legal professionals. Smart Legal AI is not responsible for ensuring that agreements between Users and attorneys are completed, nor for the conduct of either party during the representation process.

User Conduct

To maintain a positive experience for all, we require that everyone follows the rules below. Any violation may result in restricted access to the Service:

Do not harm or harass others.

Do not display or share pornographic or offensive material.

Refrain from bigotry, racism, hatred, or profanity.

Do not promote illegal activities.

Do not exploit children under 18 years of age.

Respect the intellectual property rights of others.

Do not engage in spam, phishing, or distributing unsolicited messages.

Do not attempt to compromise the security of the Service or access private areas.

Responsibility for Content

Smart Legal AI does not verify or endorse the content submitted by its Users. The opinions, legal information, and communications made through the Service are those of the individual Users (including attorneys) and do not reflect the views of Smart Legal AI. We encourage Users to exercise caution when engaging with content or advice provided via the Service.

Verification of Legal Professionals

Smart Legal AI makes every effort to verify that attorneys using the Service are licensed and in good standing at the time of registration. However, it is the User’s responsibility to independently verify the credentials, bar standing, and qualifications of any attorney they may consider for legal representation. Users are also advised to verify any claims of specialization or expertise made by attorneys using the Service, as Smart Legal AI does not verify or endorse such claims.

Disclaimers and Limitations

Smart Legal AI provides a platform for legal professionals and clients to connect but does not warrant the accuracy of any information shared via the Service. The determination of whether legal services are required and the choice of legal representation are critically important decisions, and Users should not base their choices solely on the information presented through Smart Legal AI. Users are responsible for conducting their own investigations before entering into any professional relationship.

Termination of Access

Smart Legal AI reserves the right to terminate or restrict a User’s access to the Service for any reason, including violations of this Agreement or complaints from other Users.

Confidentiality

Smart Legal AI is committed to protecting the confidentiality of any information submitted by Users through our system. However, because Smart Legal AI cannot control the actions of third parties, we cannot guarantee that this information will remain confidential. We strongly advise Users to exercise caution when deciding what information to submit. Do not disclose sensitive, personal, or incriminating information, including confessions, admissions, proper names, or addresses, into the system. Smart Legal AI is not responsible for the release or improper use of such information by other Users or due to system errors or failures.

Users also acknowledge and agree that attorneys contacted through the Smart Legal AI system may report to Smart Legal AI whether the attorney's services were engaged by the User and the total attorney’s fees paid as part of service analytics and tracking.

Indemnification

Users agree that Smart Legal AI is not responsible for any harm that may result from the use of this service. By using the Service, Users agree to indemnify, defend, and hold Smart Legal AI harmless from and against any and all liability, losses, claims, demands, damages, and expenses, including attorney's fees, arising from or related to the User’s use of the Service. This includes any breach by the User of the terms outlined in this Agreement or any representations, warranties, or covenants made herein.

This indemnity extends to Smart Legal AI’s affiliates, directors, officers, and employees. Smart Legal AI reserves the right to assume the exclusive defense and control of any matter subject to indemnification. Users may not settle any matter without the written consent of Smart Legal AI.

Communications and Other Data

Smart Legal AI is not liable for any loss of data resulting from accidental or intentional deletion, network or system outages, file corruption, or any other reasons. Users are encouraged to keep backups of their data and take necessary precautions to protect their information.

Other Smart Legal AI Rights

Smart Legal AI reserves the following rights:

To release current or past User information in accordance with the Privacy Policy if Smart Legal AI believes that accounts are violating the terms of service or page content guidelines, being used for unlawful activities, are subpoenaed, or if Smart Legal AI deems it necessary or appropriate.

To deny access to Users who violate these guidelines or the Agreement.

To terminate or deny service to any User at any time, for any reason, or no reason.

Modifications to Terms of Service

Smart Legal AI reserves the right to modify this Agreement at any time. Users will be notified of any changes and are responsible for reviewing and complying with the updated terms and conditions. Continued use of the Service indicates acceptance of the modified terms and conditions.

Modifications to Service

Smart Legal AI reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice. Users agree that Smart Legal AI is not liable to them or any third party for any modification, suspension, or discontinuation of the Service. Users further acknowledge that any termination of their account may occur without prior notice and that Smart Legal AI may delete data and files in the User’s account and block further access to the Service.

Smart Legal AI’s Proprietary Rights

Smart Legal AI owns various elements of its system, including but not limited to the overall "look and feel" of the platform, the name of the system, and the collective copyright in message threads exchanged on the platform. Users may not reproduce any part of these message threads—either electronically or in print—without obtaining prior permission from Smart Legal AI and all other participants in the thread. This is not an exhaustive list, as other components of the system are also the proprietary property of Smart Legal AI. Users are required to contact Smart Legal AI before copying or distributing any part of the system for reproduction.

Users acknowledge and agree that the content made available on the platform, including but not limited to text, software, music, sound, images, graphics, video, page layout, and design, is protected by intellectual property laws, including copyrights, trademarks, patents, and other proprietary rights. Users agree to use this material only as authorized by Smart Legal AI or its sponsors and may not copy, reproduce, transmit, distribute, or create derivative works of this content without express authorization. Additionally, Users acknowledge and agree that Smart Legal AI may display images and text across the Service as part of its functionality.

Disclaimer of Warranties and Limitation of Liability

Smart Legal AI recognizes that in operating an online platform, there is a risk of being held responsible for the actions of its Users. For example, if one User defames another, uploads harmful content like a computer virus, or transmits improper information, Smart Legal AI could be blamed even though it was not directly involved. To protect against these risks, Smart Legal AI requires that Users take responsibility for their own actions, and that any harm caused by another User must not be attributed to Smart Legal AI, but rather to the User who caused the harm.

While Smart Legal AI strives to maintain a reliable system, occasional mistakes or system failures may occur, which are inherent in managing a platform of this size. To continue offering the Service, Smart Legal AI disclaims warranties and limits its liability as follows:

Disclaimer of Warranties

Users agree that they use the Service at their own risk. The Service is provided "as is" and "as available." Smart Legal AI expressly disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Smart Legal AI does not guarantee that the Service will meet Users' expectations, be uninterrupted, secure, or error-free, nor does it guarantee the accuracy or reliability of any information obtained from the Service. Smart Legal AI makes no warranty that any defects in the software will be corrected, and it offers no guarantee regarding goods or services purchased through the Service or information obtained from it.

No oral or written advice or information provided by Smart Legal AI will create any warranty not expressly stated in this Agreement.

Limitation of Liability

Users agree that Smart Legal AI will not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of the Service or the inability to use it. This includes any costs incurred to obtain substitute goods or services, damages resulting from transactions conducted through the Service, unauthorized access to or alteration of User data, and other intangibles such as lost profits, data, or use. Even if Smart Legal AI has been advised of the possibility of such damages, it will not be liable. Furthermore, Smart Legal AI will not be liable for any damages arising from interruption, suspension, or termination of the Service, regardless of whether such actions were justified or not, intentional or accidental.

Arbitration

Any disputes arising from or related to this Agreement or the Service provided by Smart Legal AI will be resolved through binding arbitration, conducted in accordance with the commercial arbitration rules of the American Arbitration Association. All claims must be arbitrated individually, and will not be combined with the claims of others. The arbitration will take place in Los Angeles County, California, and the resulting arbitration award may be entered in any court with jurisdiction.

Either Smart Legal AI or the User may seek interim or preliminary relief from a court in Los Angeles County, California, to protect their respective rights or property while the arbitration is pending. This arbitration clause does not prevent Smart Legal AI or the User from seeking dismissal or termination of the arbitration if the claims lack legal merit. Any such motion must be filed in a court of general jurisdiction within Los Angeles County, California.

Data Privacy and Protection

Smart Legal AI complies with applicable data protection regulations, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR). We are committed to ensuring that your data is secure. Any personal information you provide will be handled in accordance with our Privacy Policy, which outlines how we collect, use, and protect your information. Users have the right to access, correct, and delete their personal data as permitted by law.

Security

Smart Legal AI employs commercially reasonable security measures, including encryption, firewalls, and regular security audits, to protect the confidentiality of the information submitted through our platform. However, no system can be completely secure, and Smart Legal AI cannot guarantee absolute security. We are not liable for unauthorized access to your data or any consequences arising from security breaches beyond our control. Users are responsible for taking necessary precautions, such as using strong passwords and regularly updating them.

Data Processing

By using Smart Legal AI services, the law firm (data controller) agrees to the terms of this Data Processing Agreement. Smart Legal AI (data processor) processes personal data on behalf of the law firm. The law firm determines the purpose and means of processing, while Smart Legal AI ensures compliance with applicable data protection laws. Smart Legal AI will process, store, and manage the personal data provided for the purposes of legal intake as directed by the law firm. Both parties agree to implement appropriate technical and organizational measures to safeguard the data in accordance with GDPR, CCPA, and other relevant regulations.

Third-Party Vendor Audits

Smart Legal AI works with third-party service providers for data hosting, payment processing, and analytics. Each third-party vendor is subject to periodic security audits and assessments to ensure compliance with relevant data protection standards. All vendors used by Smart Legal AI are GDPR and CCPA compliant, and any data shared with them is strictly limited to what is necessary to provide the service.

Limitation of Liability for Legal Intake Errors

Smart Legal AI provides an AI-powered chatbot to facilitate the legal intake process. Users acknowledge that Smart Legal AI is not responsible for any errors or omissions in the data submitted through the chatbot, including any incorrect or incomplete information. The law firm is responsible for reviewing and verifying the accuracy of the intake data before proceeding with legal services. Smart Legal AI is not liable for any damages resulting from reliance on inaccurate or incomplete data provided through the chatbot.

Automated Decision-Making and Profiling

Smart Legal AI’s chatbot uses automated decision-making processes to facilitate the legal intake process. Users acknowledge that while the chatbot may analyze the information provided, it does not provide legal advice, make binding decisions, or form legal conclusions. The platform uses profiling only to streamline the intake process, and users may contact the law firm directly for more comprehensive legal advice.

Prohibited Use

Users agree not to use the Service for any unlawful purposes or in any jurisdiction where such services are restricted. You agree not to:

Engage in activities that violate any laws, regulations, or guidelines.

Submit false or misleading information.

Use the Service to distribute malicious software, phishing attempts, or any other form of cyber-attacks.

Access areas of the Service that are restricted or attempt to disrupt the functioning of the Service. Violation of this clause may result in immediate suspension or termination of access to the Service without prior notice.

Third-Party Services

The Service may integrate or interact with third-party platforms, such as CRM systems or cloud storage services. Smart Legal AI is not responsible for any issues, damages, or data breaches caused by these third-party services. Users are responsible for reviewing and agreeing to the third-party services’ terms and conditions before using them in conjunction with Smart Legal AI.

Force Majeure

Smart Legal AI will not be held liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disturbances, labor shortages, pandemics, or interruptions in telecommunications or utility services. In such cases, the affected party will be excused from performance as long as the force majeure event continues.

Termination for Convenience

Smart Legal AI reserves the right to terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, you will immediately lose access to the Service, and Smart Legal AI may delete all associated data. Smart Legal AI is not liable to you or any third party for termination of the Service.

Beta Services

From time to time, Smart Legal AI may offer access to beta services, which are preliminary versions of new services or features. Beta services are provided "as is" without any warranties or guarantees. By using beta services, you acknowledge that they may contain bugs, defects, or other issues, and you agree to use them at your own risk.

Governing Law

This Agreement, including any disputes arising from it, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal disputes or claims shall be exclusively subject to the jurisdiction of the courts in Los Angeles County, California. Users accessing the Service from outside the United States agree to comply with all applicable local laws and regulations.

Modifications to Terms of Service

Smart Legal AI reserves the right to modify this Agreement at any time, with changes effective immediately upon posting. Users will be notified of significant changes, and continued use of the Service after modifications constitutes acceptance of the updated terms. It is the User’s responsibility to review the terms and conditions periodically.

Modifications to Service

Smart Legal AI reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. Users acknowledge that Smart Legal AI will not be liable to them or any third party for modifications, suspensions, or discontinuation of the Service.

General

This Agreement, along with Smart Legal AI’s Privacy Policy below and any notices provided on our website, constitutes the entire agreement between the User and Smart Legal AI concerning the User's use of our Service. By using the Service, the User agrees to be bound by this Agreement and any additional terms incorporated by reference.

Since Users can access the Smart Legal AI service from all fifty U.S. states and internationally, it is important to recognize that each jurisdiction has its own set of laws. As it is not feasible for Smart Legal AI to monitor all local legal requirements, this Agreement, and the relationship between the User and Smart Legal AI, will be governed by the laws of the State of California, without regard to its conflict of law provisions.

Smart Legal AI’s failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision. Even if a court of competent jurisdiction finds any provision of this Agreement to be invalid, the parties agree that the court should attempt to give effect to the intent of the parties as reflected in the provision. The remaining provisions of the Agreement will continue in full force and effect.

The User agrees that any claim or cause of action arising from the use of the Service or this Agreement must be brought within one (1) year from the date such claim or cause of action occurred. Otherwise, such claims will be permanently barred, regardless of any statute or law to the contrary.

The section titles in this Agreement are for convenience only and do not carry any legal or contractual significance.

We thank you for your interest and support and are pleased to welcome you to Smart Legal AI.