Terms of Service

1. Acceptance of Terms

By using our Service, you confirm that you are at least 18 years old, have the legal capacity to enter into these Terms, and agree to be bound by them. If you are using the Service on behalf of a law firm, legal practice, or other organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” and “your” refer to both you individually and the organization.

2. Description of the Service

Tort provides an AI-powered case management platform designed for law firms. The Service includes features such as document and file management, AI-assisted case analysis, document processing and viewing, medical records data extraction, real-time multi-user collaboration, and structured case object management (including parties, medical providers, physicians, medical visits, and incidents).

Software Provider Only. Tort is a software provider. We are NOT a law firm, lawyer referral service, legal advisor, or prepaid legal services plan. We do not provide legal advice, legal representation, or legal services of any kind. No attorney-client, fiduciary, or professional relationship is created between Tort and you, your firm, your clients, or any other party through use of the Service.

The AI features within the Service are tools designed to assist licensed legal professionals. They are not a substitute for professional judgment, independent legal analysis, or competent legal representation.

3. Beta and Early Access Terms

If you are participating in a beta, early access, or pre-release program, the following additional terms apply:

• Beta software is provided on an “as is” and “as available” basis with even fewer guarantees than the general Service.
• Features may be added, changed, degraded, or removed at any time without notice.
• Beta pricing, discounts, and promotional offers are not permanent and are subject to change at any time.
• Tort may modify, suspend, or discontinue beta access at any time, for any reason, without liability.
• Data created during a beta period may or may not be preserved upon transition to general availability. We will endeavor to provide advance notice if data migration is not supported.
• You acknowledge that beta software may contain bugs, errors, and instabilities that could result in data loss or service interruption.

4. User Accounts and Access

• Invite-Only Access. Access to the Service is by invitation only. There is no public signup. Workspaces are provisioned by Tort, and additional users are added via workspace invitations.
• User Roles. Users within a workspace are assigned roles (such as owner, admin, or member) with varying levels of access and permissions. Case-level permissions (editor, viewer) further control access to individual cases.
• Organizational Responsibility. The organization that owns a workspace is responsible for the activities of all users invited to that workspace, including compliance with these Terms and all applicable laws.
• Account Security. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or use. Accounts may not be shared between individuals.

5. User Responsibilities and Professional Ethics

• Professional Compliance. You acknowledge that as a legal professional, you are subject to rules of professional conduct and ethical obligations. You are solely responsible for ensuring that your use of the Service complies with all applicable laws, rules, regulations, bar rules, and ethical obligations in your jurisdiction, including but not limited to rules regarding confidentiality, competence, communication, and the use of technology and AI tools.
• AI Output Verification. You are solely responsible for independently verifying all AI-generated outputs before reliance or use in any legal proceeding, filing, communication, or decision-making. This obligation is consistent with ABA Formal Opinion 512 and the duty of competence under Model Rule 1.1.
• HIPAA Compliance. If your use of the Service involves Protected Health Information (PHI), you are responsible for ensuring your use complies with HIPAA and for requesting a Business Associate Agreement (BAA) from Tort before uploading PHI.
• Data Backups. You must maintain your own independent backups of all files, case data, and other information uploaded to or created on the Service. The Service is not a backup, archival, or disaster recovery solution.
• No Sole Reliance. You must not rely solely on the Service for meeting legal deadlines, managing cases, accessing critical documents, or fulfilling any professional obligation.
• Privilege Assessment. You are solely responsible for determining whether your use of AI tools (including the Service) is consistent with applicable privilege, confidentiality, and disclosure requirements in your jurisdiction. We recommend consulting your ethics counsel.
• Data Accuracy. You are responsible for the accuracy of the information you input into the Service and for the management of your cases and case data.
• Prohibited Use. You agree not to: use the Service for any unlawful purpose; send spam or unsolicited messages in violation of law (e.g., TCPA, CAN-SPAM); upload content that is infringing, defamatory, or harmful; attempt to reverse-engineer, decompile, or derive the source code of the Service; circumvent any security measures; or interfere with the Service’s operation.

6. File Storage and Data

• Tort is NOT a backup service, archival system, or disaster recovery solution. The Service is a case management tool, not a data storage guarantee.
• You MUST maintain independent copies of all critical files and data. You are solely responsible for your own backup strategy.
• Tort is not responsible for any data loss, corruption, degradation, or unavailability, regardless of cause, including but not limited to hardware failure, software errors, third-party service outages, cyberattacks, user error, or acts of God.
• Files are stored on third-party cloud infrastructure. Availability, integrity, and accessibility of files are subject to the uptime, reliability, and performance of third-party providers, which are outside our control.
• Deleted files may be recoverable for a limited period. After the recovery period, deleted files are permanently and irretrievably destroyed with no possibility of recovery by Tort or any party.
• Upload failures, interrupted transfers, network issues, browser crashes, or incomplete uploads may result in files not being stored. It is your responsibility to verify that uploads have completed successfully.
• Tort does not guarantee the integrity, accuracy, completeness, or continued availability of any files stored on the platform.
• File access is provided via time-limited secure URLs that expire. Tort is not responsible for inability to access files due to expired, revoked, or invalid URLs.
• Case records, contact information (including names, phone numbers, email addresses, physical addresses, and professional licenses), case associations, and other structured data are stored in third-party cloud databases. Tort is not responsible for the loss, corruption, duplication, or unavailability of contact records, case data, or the associations between contacts and cases.
• Changes to shared contact records may propagate across all cases referencing that contact. You are responsible for understanding that edits to a contact affect all associated case records and for verifying the accuracy of contact data across your cases.

7. AI-Generated Content

• AI outputs — including but not limited to case summaries, document analyses, legal research results, citations, page references, extracted medical records data, chronology entries, and any other AI-produced content — may be inaccurate, incomplete, misleading, outdated, or entirely fabricated (“hallucinated”).
• ALL AI-generated content must be independently verified by a qualified, licensed attorney before any reliance, use in legal proceedings, submission to courts, communication to clients, or decision-making of any kind.
• AI-generated citations, page references, and quoted text may not accurately reflect the content of source documents. You must verify all citations against original sources.
• Medical records extraction via AI may contain errors in dates, providers, diagnoses, treatment details, medications, or any other extracted data. Such outputs are preliminary and must be reviewed for accuracy.
• Tort is not liable for any legal outcomes, court sanctions, malpractice claims, bar complaints, disciplinary actions, ethical violations, or any other professional, financial, or personal consequences arising from reliance on AI-generated content.
• AI-generated content does not constitute legal advice, medical advice, or professional advice of any kind, and does not create any attorney-client, professional, or fiduciary relationship.
• We do not use your data to train AI models. AI requests are processed under contractual agreements that prohibit the retention or use of your data beyond processing each request.

8. Attorney-Client Privilege and Confidentiality

Tort processes case data through our AI infrastructure under contractual agreements that prohibit the storage, logging, retention, or use of your data beyond processing each request.

However, Tort cannot guarantee that the use of the Service preserves attorney-client privilege, work-product protection, or any other evidentiary privilege. The question of whether transmitting data to a cloud-based AI platform constitutes a waiver of privilege is evolving and may vary by jurisdiction.

It is your sole responsibility to evaluate whether your use of the Service — including the transmission of case data through AI features — is consistent with your obligations regarding privilege and confidentiality under applicable rules of professional conduct, case law, and ethics opinions in your jurisdiction.

When web search is enabled, sanitized (de-identified) queries may be transmitted to third-party search providers. While we employ privacy safeguards designed to strip client-identifying information before transmission, we cannot guarantee that all identifying information will be removed in every instance. You should consult your ethics counsel regarding the use of cloud-based AI tools and the potential impact on privilege.

9. Data Ownership and Portability

• You retain all ownership rights to the data you upload to or create on the platform. Tort claims no ownership over your data.
• Tort does not use customer data to train AI models or for any purpose other than providing the Service.
• You grant Tort a limited, non-exclusive, royalty-free license to process, store, and transmit your data solely as necessary to provide and improve the Service.
• AI-generated outputs produced using your data are provided for your use. Tort claims no ownership over AI-generated outputs.
• Upon termination, you may request export of your data during a reasonable transition period of not less than thirty (30) days from the date of termination.
• After the export period, Tort may permanently delete all of your data from the platform and its systems.

10. HIPAA and Protected Health Information

If your use of the Service involves Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA), the parties’ obligations regarding the handling of PHI are governed by a separate Business Associate Agreement (BAA). In the event of a conflict between these Terms and the BAA, the BAA shall control with respect to PHI.

It is your responsibility to determine whether a BAA is required for your use of the Service and to request one from Tort before uploading PHI. Contact contact@tort.ai to request a BAA.

11. Payment and Subscription Terms

The Service is provided on a subscription basis. Fees are billed in advance and are non-refundable except as required by applicable law. Pricing is subject to change with reasonable advance notice.

Cancellation. You may cancel your subscription at any time. Your access will continue until the end of the current billing period. No partial refunds will be issued for unused portions of a billing period.

12. Intellectual Property

All content, software, designs, features, and materials comprising the Service (excluding your data) are the property of Tort or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the Service without our prior written consent.

AI-generated outputs produced using your data are provided for your use under these Terms. Tort does not claim intellectual property rights over AI-generated outputs specific to your data.

13. Disclaimer of Warranties

Without limiting the foregoing, Tort makes no warranty or representation that:

• The Service will meet your specific requirements or achieve any particular results, case outcomes, or practice growth
• AI-generated outputs will be accurate, complete, reliable, current, or free from errors or hallucinations
• Files stored on the platform will remain intact, uncorrupted, accessible, or recoverable
• The Service will be uninterrupted, timely, secure, or error-free
• Any defects in the Service will be corrected
• The Service is suitable for any particular legal, medical, or professional purpose

The Service is a tool to assist legal professionals. It is NOT a substitute for professional judgment, independent legal research, competent legal representation, or the exercise of due diligence.

14. Limitation of Liability

This includes, without limitation, damages for:

• Loss of profits, revenue, business, or business opportunities
• Loss of clients, client relationships, or case inventory value
• Loss, corruption, or unavailability of data, files, contact information, case records, or case-to-contact associations
• Missed court deadlines, statutes of limitations, filing deadlines, or other legal time limits
• Court sanctions, adverse rulings, or unfavorable case outcomes
• Malpractice claims, bar complaints, disciplinary actions, or ethical violations
• Damage to professional reputation or loss of goodwill
• Consequences of service downtime, unavailability, interruption, or degraded performance
• Failures, outages, or data loss caused by third-party infrastructure or service providers
• Actions, omissions, errors, or negligence of your firm’s own users, employees, or agents
• Reliance on AI-generated content, citations, analyses, or extracted data
• Loss or waiver of attorney-client privilege or work-product protection

Malpractice Disclaimer. Tort is not responsible for any claims of legal malpractice, medical malpractice, professional negligence, or ethical violations arising from your use of the Service, your reliance on AI-generated outputs, or your representation of clients.

15. Indemnification

You agree to indemnify, defend, and hold harmless Tort, Six Thirty Three, Inc., and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms or any applicable law, rule, or regulation
• Your violation of any third-party rights, including intellectual property rights
• Your professional or ethical violations arising from your use of the Service
• Claims by your clients or any third party arising from your reliance on AI-generated outputs or content produced through the Service
• Your failure to maintain adequate backups of your data
• Your failure to independently verify AI-generated content before use
• Your upload or processing of data in violation of HIPAA, privilege obligations, or other applicable law

This indemnification obligation does not apply to the extent that a claim arises solely and directly from Tort’s gross negligence or willful misconduct.

16. Dispute Resolution and Arbitration

Informal Resolution. Before initiating any formal dispute resolution, you agree to first contact us at contact@tort.ai with a written description of the dispute. Both parties agree to attempt to resolve the dispute informally for at least sixty (60) days from the date of the written notice before proceeding to arbitration.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved exclusively through binding individual arbitration administered by JAMS under its then-current Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted in Los Angeles County, California, or, at either party’s election, via videoconference.

CLASS ACTION WAIVER. YOU AND TORT AGREE THAT DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions. Notwithstanding the above, either party may (a) bring an individual claim in small claims court if it qualifies, or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or to address unauthorized access to the Service.

The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17. Service Availability

We do not guarantee any specific level of uptime or availability. The Service may be subject to scheduled and unscheduled maintenance, updates, upgrades, or interruptions at any time.

Tort is not responsible for any consequences of downtime or unavailability, including but not limited to missed legal deadlines, inability to access documents for hearings or depositions, disruption to case preparation, or any other impact on your practice.

You should not rely on Tort as your sole means of accessing critical documents, case information, or time-sensitive materials.

18. Force Majeure

Tort shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from causes beyond its reasonable control. Such causes include, without limitation: acts of God, natural disasters, fire, flood, earthquake; pandemics and epidemics; war, terrorism, riots, or civil unrest; government actions, embargoes, or sanctions; labor disputes or shortages; cloud provider outages or failures; third-party service disruptions; cyberattacks, DDoS attacks, or security incidents; power failures; internet or telecommunications failures; and hardware or software failures beyond Tort’s control.

19. Modifications to Terms

Tort may modify these Terms at any time by posting updated Terms on this page and updating the “Last Updated” date. For material changes, we will provide notice via email or in-app notification at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service.

20. Termination

We reserve the right to suspend or terminate your access to the Service at our sole discretion, with or without notice, for conduct that we believe violates these Terms, is harmful to other users, us, or third parties, or for any other reason.

You may terminate your account at any time. Upon termination (whether by you or by us), you will have a period of not less than thirty (30) days to export your data from the platform. After the export period, Tort may permanently and irretrievably delete all of your data.

The following sections survive termination: Sections 6 (File Storage), 7 (AI-Generated Content), 8 (Privilege), 9 (Data Ownership), 12 (Intellectual Property), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution), 18 (Force Majeure), 21 (Governing Law), and 22 (Severability).

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Subject to the arbitration provisions in Section 16, any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.

22. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid by a court or arbitrator of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The failure of Tort to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms, together with the Privacy Policy and any applicable BAA, constitute the entire agreement between you and Tort regarding the Service and supersede all prior agreements and understandings.

23. Contact Information

If you have any questions about these Terms, please contact us at: contact@tort.ai