The provided Terms of Service govern your utilization of the NexLaw Services, except in cases where your usage is governed by specific terms of service established between you and NexLaw.
NexLaw PTY LTD. (referred to as “NexLaw,” “we,” “us,” or “our”) is a provider of legal technology services. This document outlines the Terms of Service (“Terms”) that govern your usage of NexLaw’s services, including artificial intelligence technologies (“AI Services”), websites, applications, add-ons, plug-ins, components, functionality, programs, and any other services specified in any mutually executed order form (collectively known as the “NexLaw Services” or “Services”).
The “Subscription Agreement” encompasses these Terms, the price schedule (if applicable), and any order form(s) for the NexLaw Services executed by NexLaw and the individual or entity accessing the services (“you” or “User”). These Terms also incorporate the NexLaw Privacy Policy and any other pertinent documents explicitly referring to these Terms.
By clicking the “I accept” button, taking any action to indicate acceptance, or utilizing any of the NexLaw Services, whether with or without registration, you acknowledge and consent to these Terms with NexLaw. In the case that you agree to these Terms on behalf of a company or another legal entity, you certify that you possess the authority to act as an authorized representative of that entity. If you lack the necessary legal authority or do not agree with these Terms, please refrain from accepting, accessing, or using the Services in any way.
If you are utilizing the NexLaw Services for proof of concept or other product trial (“Evaluation”), these Terms will apply to your use of the Services during the Evaluation period. It is important to note that access to the Services during the Evaluation period is provided on an “as-is” basis without any representations, warranties, and/or conditions of any kind.
Please be aware that any data or content you upload to the Services during the Evaluation period may be permanently lost once the Evaluation period expires. Should you choose to continue using the Services after the Evaluation period’s conclusion, you acknowledge that these Terms will also govern your ongoing use of the Services.
Access to the Services is prohibited if you are a direct competitor of NexLaw. Additionally, you may not monitor the functionality, performance, or availability of the Services for any competitive purposes or any other activities that can be considered competitive with NexLaw.
PLEASE READ THE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT IN SECTION 13(G) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13(H) THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS OR UNLESS YOU OPT OUT PURSUANT TO THE PROVIDED INSTRUCTIONS, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.
1. Services, Restrictions and Customer Obligations
(a)
Subject to your adherence to these Terms, NexLaw provides you and your Authorized Users (as defined below) with a nonexclusive, nontransferable, non-sublicensable, and revocable right to use and access the Services. This usage should be in accordance with the provided documentation and all relevant local, state, national, and international laws, rules, and regulations. The Services are intended solely for your internal business purposes.
To use our Service, you must be at least 18 years of age. By using the Services, you represent and guarantee that you meet the required age criteria and possess the necessary competency to consent to these Terms.
(b) Except to the extent a restriction is prohibited by law, you agree not to do, and not to assist, permit or enable any third party to do, any of the following:
disassemble, reverse engineer, decode or decompile any part of the Services;
Employ any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated method to access, collect, copy, or record the Services;
Reproduce, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter, or create derivative works of any part of the Services or any of our Intellectual Property (as defined below);
Utilize the Services in any way that adversely affects (i) the stability of our servers, (ii) the operation or performance of the Services or any User’s use of the Services, or (iii) the behavior of other applications using the Services;
Utilize the Services in a manner or for any purpose that (i) violates or encourages the violation of any applicable law, regulation, legal requirement, contractual obligation, or right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, (ii) involves fraudulent, false, deceptive, or defamatory activities, (iii) promotes hatred, violence, or harm against any individual or group, or (iv) may be considered harmful or objectionable (solely at our discretion) to us, our providers, our suppliers, our users, or any other third party.
Utilize or showcase the Services in competition with us, develop competing products or services, conduct benchmarking or competitive analysis of the Services, or engage in any activities that may be detrimental or disadvantageous to us.
Make any attempts to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services.
transmit viruses, worms or other software agents through the Services;
Engage in impersonation of another person or misrepresent your affiliation with any person or entity, attempt to conceal or hide your identity, or utilize the Services for any invasive or fraudulent purposes.
Share passwords or authentication credentials for the Services or engage in any actions to circumvent the measures we implement to prevent or restrict access to the Services or enforce limitations on their use; or
Refer to us or the Services in a way that could reasonably imply an endorsement, relationship, affiliation, or sponsorship between you (or a third party) and us, without obtaining our prior express written consent.
2. Registration
To access and utilize the NexLaw Services, you must create an account by completing a registration form and selecting a user ID and password. During the registration process, you agree to the following:(a) Provide authentic, accurate, up-to-date, and complete information about yourself as required by the NexLaw Service’s registration form (referred to as “Registration Data”). (b) Ensure the Registration Data remains true, accurate, current, and complete by promptly updating it as needed.If you provide any information that is untrue, inaccurate, not current, or incomplete, or if there are reasonable grounds to suspect such inaccuracies, we reserve the right to suspend or terminate your account and deny all present or future access to the NexLaw Services (or any part thereof).
You are solely responsible for your NexLaw account’s security and confidentiality. Do not share your login details with third parties. If you suspect unauthorized access or any security breach, notify NexLaw immediately. We will send required notices to your provided email address electronically. NexLaw is not liable for any losses due to unauthorized account use.
By providing your Registration Data, which may include your email address, address, mobile telephone number, and/or telephone number, or by creating an account, you give your electronic consent to receive marketing or advertising messages, including email or mobile push notices, from NexLaw and third parties. These messages may include information about changes to Services features and special offers. If you prefer not to receive such messages, you can opt out or modify your preferences by contacting the NexLaw Services support team at [email protected] or by clicking the unsubscribe link in each marketing or advertising email. Please note that opting out of marketing communications will not prevent you from receiving important Services-related notices.
3. Terms and Termination
These Terms will begin when you first use our Services and will remain in effect until either party terminates them in accordance with the provisions stated here. Either party has the option to terminate these Terms at any time for convenience, upon providing written notice to the other party, subject to the conditions outlined in Section 6(C) below. NexLaw may notify the User of termination through email, using the contact information provided in the Registration Data. Users can inform NexLaw of termination by contacting the NexLaw Services support team at [email protected].
If, in NexLaw’s sole judgment, you fail to comply with any provision of these Terms or if NexLaw suspects that you have failed to do so, NexLaw reserves the right to terminate these Terms at any time without prior notice. It is important to note that such termination will also result in the termination of all your existing Subscription Agreements.
The provisions that follow will continue to be in effect even after the termination of these Terms: Section 3 (“Term and Termination”), Section 4 (“Intellectual Property Rights”) (except as expressly provided therein), Section 5 (“Confidentiality”), Section 6 (“Fees”), Section 7(A) (“Privacy”), Section 8 (“Representations & Warranties”), Section 9 (“Liability”), Section 10 (“Changes to Agreement”), Section 11 (“Inactivity or Cancellation or Termination of Subscription”), and Section 13 (“General Provisions”).
4. Intellectual Property Rights
A. User Data and Content
These Terms do not confer any rights, implicit or otherwise, to the other party’s content or intellectual property, unless explicitly stated otherwise in these Terms. As per the agreement between the parties, the User retains ownership of all intellectual property rights in their User Content (defined below), while NexLaw possesses all intellectual property rights in and to the Services, which includes software, products, support, documentation, aggregated and statistical information, and related works, including any modifications and derivative works of the aforementioned.
“User Content” refers to all information, content, and data that a User submits to, uploads to, or utilizes with the Services. NexLaw does not assert ownership over your User Content. You are solely responsible for your User Content, and you assume all associated risks. By submitting User Content, you declare and guarantee that it adheres to the User obligations outlined in Section 1(b) or elsewhere in these Terms and does not violate any laws or infringe upon the rights of any third party, including but not limited to intellectual property and privacy rights. We do not bear any responsibility or liability for your User Content.
B. License to NexLaw
You grant, and you represent and warrant that you have all rights necessary to grant, to NexLaw an irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, distribute and display your User Content: (a) to maintain and provide the Services; (b) to improve our products and services and to create aggregated and de-identified information; and (c) to perform such other actions as described in our Privacy Policy or as authorized by you in connection with your use of the Services.
C. Feedback
If you, as the User, provide NexLaw with any suggestions, ideas, improvements, or other feedback regarding any aspect of the Services (referred to as “Feedback”), NexLaw will own that Feedback without any compensation to you, without the need for attribution, and without any other obligation to you.
5. Confidentiality
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 NexLaw shall also include the Services, and Confidential Information of User shall also include the Drafts and Reports. Confidential Information does not include any information that is or was, at the time of the disclosure: (a) generally known or available to the public; (b) rightfully disclosed to the Receiving Party by a third party; (c) already in Receiving Party’s possession prior to the date of receipt from Disclosing Party without restriction; or (d) independently developed by the Receiving Party without reference to or use of 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) The Receiving Party agrees to utilize the same standard of care to protect the Confidential Information as it employs to safeguard its own confidential information of a similar nature. However, this standard of care will not be less than a commercially reasonable level of care, (2) shall refrain from using the Disclosing Party’s Confidential Information for any purposes other than those permitted under this Agreement., and (3) not disclose, distribute, or disseminate the Confidential Information to any third party, except as allowed by this Agreement or to the extent required to comply with applicable law.
6. Fees
A. Subscription Fees
We offer certain parts of the Services on an automatically renewing subscription basis, each referred to as a “Subscription” for the Services, with recurring fees known as “Subscription Fees.” To get the latest information on our Subscription Fees, kindly refer to our Subscription Terms at https://nexlaw.com/subscribe, which are incorporated by reference in this agreement. We hold the right to provide or withdraw any portion of the Services on a subscription basis at our sole discretion. Additionally, we may add or modify Subscription Fees at our discretion. Whenever we make such changes, we will update our online Subscription Terms. These changes will become effective in the Subscription Term (as defined below) following the notice of such change provided to you as per this Agreement; provided, however, if we have offered a specific duration and Subscription Fees for your use of the Services, we commit to maintaining such Subscription Fees for the specified duration. Your Subscription will automatically renew at the end of the term identified in your Subscription Agreement for subsequent terms of equal length to the initial term (the initial term and each renewal term referred to as a “Subscription Term”) unless and until you choose to cancel your Subscription, or it is suspended, discontinued, or terminated in accordance with these Terms.
B. Payments
When you purchase a Subscription to the Services, you acknowledge and agree that we and/or our third-party payment processors are authorized to charge you for: (i) the Subscription Fees identified in the applicable Subscription Agreement; (ii) responsible for any applicable sales, use, value-added, withholding, or similar taxes or levies, whether domestic or foreign, with the exception of taxes based on NexLaw’s income; and (iii) any other charges that may arise in connection with your purchase and use of the Services. You understand and accept that the amount billed may vary due to promotional offers, changes in Subscription Fees as per these Terms, and/or changes in applicable taxes. By using the Services, you authorize us to charge your payment method for any such modified amounts.
Except as stated in an applicable Subscription Agreement, all Subscription Fees are immediately due and payable in advance at the beginning of each Subscription Term. You agree to make all payments for Subscription Fees using your credit card, debit card, or another accepted payment method. It is essential to provide us with a current, valid, and accepted payment method. By initiating a payment transaction, you authorize us to share your payment information with third parties to complete the transaction and charge your payment method in United States dollars.
C. Cancellation
After purchasing a plan, customers will not be able to return it for a replacement or refund. This policy applies to all Services or Plans. If you choose to cancel your subscription, your Services will end at the end of the current subscription term. You won’t be entitled to any refunds or credits for amounts you’ve already paid or that have accrued before the termination.
D. No Refunds
SUBSCRIPTION FEES ARE NON-REFUNDABLE EXCEPT AS OTHERWISE EXPRESSLY AGREED IN WRITING. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT BE REFUNDED FOR ANY UNUSED TIME IN YOUR SUBSCRIPTION TERM OR ANY PRE-PAYMENTS MADE FOR SERVICES IN THE EVENT THAT: (I) YOU CANCEL OR TERMINATE YOUR SUBSCRIPTION OR (II) WE SUSPEND OR TERMINATE YOUR SUBSCRIPTION OR THIS AGREEMENT FOR YOUR BREACH OF THESE TERMS.
7. Privacy and Security
A. Privacy.
User’s access to the Services is via the NexLaw website, which is owned and operated by NexLaw. As such, a User’s interaction with the Services and website, and any information that may be collected by the Services and website, is governed by the Privacy Policy which may be updated from time to time. Users may choose to opt out of data collection and cookies in accordance with the Privacy Policy. User agrees to receive announcements from NexLaw regarding the operation of the Services as well as marketing and other non-critical Service-related communications from time to time.
B. Security of User Content
Without limiting the following, NexLaw shall maintain commercially reasonable physical, technical and administrative safeguards for protection of the security, confidentiality and integrity of User Content. User acknowledges that the structure of the systems used in connection with the Services makes it technically possible for a limited number of NexLaw personnel to access User Content. NexLaw personnel will only access User Content subject to the confidentiality restrictions in Section 5 (“Confidentiality”) hereof, and with the consent of User or to the extent reasonably required (i) to perform the Services on behalf of User; (ii) to investigate or correct a system error or otherwise improve the Services; (iii) to respond to duly authorized information requests of police, law enforcement, or other governmental authorities; (iv) to comply with any applicable law, regulation, subpoena, discovery request or court order; (v) to investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity; or (vi) to verify compliance with the provisions hereof; or (vii) to enforce/protect the rights and properties of NexLaw.
8. Representations & Warranties
Each party affirms and guarantees that these Terms constitute a valid and binding obligation and can be enforced against it in accordance with the provisions stated in these Terms.
A. Disclaimer
EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS SECTION 8, NEXLAW DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEXLAW MAKES NO WARRANTY THAT (I) THE SERVICES, INCLUDING THE NEXLAW TECHNOLOGY, THE REPORTS, OR ANY OTHER SERVICES OR DELIVERABLES PROVIDED HEREUNDER (COLLECTIVELY, THE “MATERIALS”) WILL MEET THE REQUIREMENTS OF USER OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE OR DATA NOT PROVIDED BY NEXLAW, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE., (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE, RELIABLE OR ERROR-FREE, OR (IV) ANY ERRORS IN THE MATERIALS WILL BE CORRECTED. THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL DEFECTS. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS GIVEN BY NEXLAW ITS EMPLOYEES, OR AGENTS WILL INCREASE THE SCOPE OF THE ABOVE WARRANTY OR CREATE ANY NEW OR ADDITIONAL WARRANTIES.
THE CONTENT PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES IS INTENDED TO OFFER PRACTICAL AND USEFUL INFORMATION ON THE SUBJECT OF MATTER COVERED. ALTHOUGH THIS CONTENT MAY ADDRESS ISSUES RELATED TO PROFESSIONAL SERVICES, IT SHOULD NOT BE CONSIDERED AS PROFESSIONAL SERVICES ADVICE. BEFORE TAKING ANY ACTION OR REFRAINING FROM IT BASED ON THE CONTENT ON THIS SITE OR RELATED TO THE SERVICES, IT IS RECOMMENDED TO SEEK ADVICE FROM A COMPETENT PROFESSIONAL IN THE RELEVANT FIELD. WE DISCLAIM ALL LIABILITY FOR ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT RELATED TO THE SERVICES. NEXLAW’S PROVISION OF SERVICES, THE MATERIALS MADE AVAILABLE ON THE SERVICES, AND ANY INFORMATION PROVIDED BY OUR REFERENCE ATTORNEYS (AND ANY OTHER NEXLAW REPRESENTATIVES) ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. USERS ACKNOWLEDGE AND AGREE THAT THEY DO NOT, AND ARE NOT INTENDED TO, CONSTITUTE LEGAL ADVICE AND DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
B. AI Services
Both you and your end users are accountable for all decisions made, advice given, actions taken, and any failures to take action based on your use of AI Services. AI Services rely on machine learning models that generate predictions based on patterns in data. The output generated by these machine learning models is probabilistic and should be assessed for accuracy, as deemed suitable for your specific use case. This may include conducting human reviews of the output to ensure its reliability and appropriateness.
10. Changes to Agreement
NexLaw has the right to modify these Terms periodically by posting the revised terms on NexLaw’s website and/or providing written notice of the amendments to the User (which may be sent via email to the contact provided in the Registration Data). The updated terms of this Agreement will become effective on the date of posting or notice to the User, unless otherwise specified in the posting or notice. Users are advised to check NexLaw’s website regularly for any such revisions. By continuing to use the Services, the User acknowledges its acceptance of any revised terms.
CONTACT US
If you have any comments or concerns regarding our TERM OF SERVICE, please contact us at [email protected]