Welcome to Justice Partners AI Corp’s service, ProsecutionAI, (“Company”, “we”, “our”, “us”)! These Terms of Service (the “Terms” or “Terms of Service”) govern your use of this website (the “Site”) and our services (the “Services” or “Platform”) that utilize custom Large Language Models (LLMs) to analyze criminal cases for attorneys.

These Terms of Service apply to your use of our Site and Services, and form a binding agreement between you and the Company. In certain circumstances, we may choose to enter into a Master Service Agreement between you and the Company that will govern the use of certain of our Services, in which case the terms of the Master Service Agreement will supersede and control your use of the Services.

ProsecutionAI is designed to assist prosecutors by summarizing police reports and suggesting potential charges. You agree it is not a substitute for legal expertise, careful case review, and ethical decision-making. Use of the Platform or the Service does not guarantee the accuracy, completeness, or appropriateness of the generated summaries or charge recommendations.

PLEASE READ THE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION 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.

Acceptance of these Terms; Access to the Site and Service.

By clicking the “I accept” button, taking an action to indicate acceptance, or by using any of the Services, with or without registration, you agree to these Terms. In the event you are agreeing to these Terms on behalf of a company or other legal entity, you certify that you are an authorized representative of such entity.  If you do not have such legal authority, or you do not agree with these Terms, do not accept, access or use the Services in any manner.

If you are using the Services during a proof of concept or other product trial (“Evaluation”), your use of the Services during the Evaluation period is governed by these Terms. Notwithstanding any other provisions in these Terms, access to the Services during an Evaluation period is on an “as-is” basis without any representations, warranties and/or conditions of any kind. Any data or content uploaded to the Services by you may be permanently lost upon expiry of the Evaluation period. If you continue to use the Services after the conclusion of the Evaluation period, you understand that these Terms will also govern your ongoing use of those Services.

License to Services; Restrictions and Customer Obligations

Conditioned on your compliance with these Terms, we hereby grant you and your authorized Users a nonexclusive, nontransferable, non-sublicensable, revocable right to use and access the Services in accordance with documentation, all applicable local, state, national and international laws, rules and regulations and only for your internal business purposes. To use our Service, you must be at least 18 years of age. You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms.

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;
• use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Services;
• copy, 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;
• use the Services in any manner that impacts (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;
• use the Services in any manner or for any purpose that (i) violates or promotes 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) is fraudulent, false, deceptive or defamatory, (iii) promotes hatred, violence or harm against any individual or group, or (iv) otherwise may be harmful or objectionable (in our sole discretion) to us, our providers, our suppliers, our users, or any other third party; 
• use or display the Services in competition with us, to develop competing products or services, for benchmarking or competitive analysis of the Services, or otherwise to our detriment or disadvantage; 
• attempt 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; 
• impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use the Services for any invasive or fraudulent purpose; 
• share passwords or authentication credentials for the Services, or otherwise circumvent the measures we may use to prevent or restrict access to the Services or enforce limitations on use of the Services; or 
• identify or refer to us or the Services in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you (or a third party) and us, without our prior express written consent.

Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

Registration

To access and use the Services, you will be required to register an account with us by completing a registration form and designating a user ID and password. When registering an account, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. By providing us with your email address, you agree to receive all required notices electronically, to that email address.

By inputting or supplying your Registration Data, including an email address, address, mobile telephone number and/or telephone number, or by otherwise creating an account, you electronically consent to receive marketing or advertising messages communications including email or mobile push notices from us and third parties, such as changes to features of the Services and special offers. If you do not want to receive such messages, you may opt out or change your preferences by contacting the us at [email protected], or by clicking the unsubscribe link within each marketing or advertising email message. Opting out of marketing communications will not prevent you from receiving Services-related notices.

Term and Termination

These Terms will commence when you first use our Services and will continue until terminated by either party in accordance with the provisions set out in these Terms. Either party may terminate these Terms for convenience, at any time, upon written notice to the other party, subject to the terms and conditions covered in the “Cancelation Procedure” below. We may provide you with notice of termination by email to the contact reflected in your Registration Data. You may provide us with notice of termination by contacting us at [email protected].

If in our sole judgment you fail, or if we suspect that you have failed, to comply with any provision of these Terms, we may terminate these Terms at any time without notice. For clarity, any such termination will terminate any and all of your existing Subscription agreements.  

Any provision which by its terms must survive the termination of this Agreement shall so survive.

Intellectual Property Rights

User Data and Content

These Terms do not grant either party any rights, implied or otherwise, to the other’s content or intellectual property, unless expressly stated otherwise in these Terms. As between the parties, you own all intellectual property rights in User Content (defined below), and we own all intellectual property rights in and to the Services, including software, products, support, documentation, aggregated and statistical information and related works, including but not limited to any modifications and derivative works of the foregoing.  Neither these Terms nor your access to the Site, Platform or Services transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except as expressly granted in these Terms.

“User Content” means any and all information, content and data that a you submit to, upload to, or use with, the Services. We do not claim ownership of your User Content. You are solely responsible for your User Content. You assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate any User obligations as specified in Section 1(b) or elsewhere in these Terms nor does your User Content violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights. We take no responsibility and assume no liability for any of your User Content.

License to User Content

You grant, and you represent and warrant that you have all rights necessary to grant, to us 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.

Feedback

In the event User provides We with any suggestions, ideas, improvements or other feedback with respect to any aspect of the Services (“Feedback”), We shall own such Feedback without compensation to User, attribution of any kind, or any other obligation to User.

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 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) 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 or to the extent necessary to comply with applicable law.

Fees

Subscription Fees

We may make portions of the Services available on an automatically renewing subscription basis (each, a “Subscription” for the Services) for recurring fees (“Subscription Fees”). For the most current information about our Subscription Fees, please review our Subscription Terms at Pricing, which are incorporated by reference herein. We may make available, or remove from availability, any portion of the Services on a subscription basis in our sole discretion. We may add or amend Subscription Fees at our sole discretion. When we add or amend Subscription Fees, we will update our online Subscription Terms. Any change to our online Subscription Terms shall become effective in the Subscription Term (as defined below) following notice of such change to you as provided in this Agreement; provided, however, that if we have offered a specific duration and Subscription Fees for your use of the Services, we agree that such Subscription Fees will remain in force for that duration. Your Subscription will automatically renew at the end of the term identified in your Subscription Agreement for subsequent terms equal in length to the initial term (the initial such term and each renewal term, a “Subscription Term”) unless and until you cancel your Subscription or it is suspended, discontinued or terminated in accordance with these Terms.

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) sales, use, value-added withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on our income; and (iii) any other charges you may incur in connection with your purchase and use of the Services. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in the Subscription Fees in accordance with these Terms, and/or changes in applicable taxes, and you authorize us to charge your payment method for the changed amounts. 

Except as otherwise set forth in an applicable Subscription Agreement, all Subscription Fees are immediately due and payable in advance at the start of each Subscription Term. You agree to pay all Subscription Fees with a current, valid, accepted payment method, including your credit card, debit card, or other payment method agreed by us. When you initiate a payment transaction, you authorize us to provide your payment information to third parties so we can complete your transaction and charge your payment method in United States dollars. We currently use Stripe as our third-party service payment processor, and by using our Services you agree to be bound by Stripe’s Services Agreement, available at https://stripe.com/us/legal. Payments not made by credit card shall be subject to a late payment service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). If your payment is not successfully settled for any reason within fourteen (14) days after payment has been initiated for your transaction, your Subscription and access to the Services may be canceled or suspended in our sole discretion.

Cancelation Procedure

You may cancel your Subscription(s) at any time, however you remain liable for the Subscription Fees until the Subscription terminates at the end of the Subscription term, at which time the Subscription will automatically renew for the following Subscription Term. In order to cancel your Subscription, you must notify us at least thirty (30) days before the start of the next Subscription Term using the appropriate functionalities of the Services or by contacting us at [email protected]. You will continue to have access to the Services through the end of the Subscription Term.

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.

Content

User Content. You may provide information to the Service including information, data and any other content you may upload, post, input, submit or use with the Site (“User Data”), and receive output from the Service based on such User Data (the “Output Data” and, together with the User Data, the “Content”). You are solely responsible for all User Data, and assume all risks associated with use of such User Data. You hereby represent and warrant to us that you have all rights, licenses and/or permissions to use and input the User Data into the Platform. Subject to any applicable laws, you retain your ownership in and to the User Data and any ownership interest in and to the Output Data. You grant us a worldwide, royalty-free, and non-exclusive license to copy, distribute, and display User Data only for the purpose of providing the Service. We do not use your data to train our AI models or to sell to third-parties.

CJIS Security Policy. You acknowledge that you may have access to criminal justice information and agree to comply with the Criminal Justice Information Services (“CJIS”) Security Policy as established and promulgated by the Federal Bureau of Investigation (the “CJIS Security Policy”). You shall ensure that all necessary security measures are in place to (i) safeguard and restrict access to criminal justice information, (ii) protect the integrity and confidentiality of such information, and (iii) conduct audits and accountability checks as required by the CJIS Security Policy. You further agree to provide appropriate training to your User who access or use criminal justice information to ensure compliance with the CJIS Security Policy. Failure to adhere to the CJIS Security Policy may result in immediate suspension of Services and potential termination of this Agreement.

Content Accuracy. Due to the evolving nature of artificial intelligence and machine learning, the use of the Service and Platform may result in Output Data that does not accurately reflect people, places or facts.  Prior to relying on Output Data, you should review and evaluate the Output Data for accuracy, incorrectness, completeness and offensiveness; such incomplete, incorrect or offensive Output Data shall not be deemed to be representative of any views of the Company. Output Data may reference third parties, including third party products or services, but such reference should not be interpreted to mean that such third party endorses or is affiliated with the Company. We are continuously updated and improving the Service to ensure reliability and accuracy.

Potential Risks and Limitations:

Bias and Inaccuracies: AI algorithms can perpetuate and amplify biases present in the data they are trained on. This can lead to discriminatory outcomes, misrepresentation of facts, and flawed charge recommendations. Always critically evaluate the generated information, cross-reference it with original sources, and consult legal experts when necessary.

Oversimplification: Complex legal cases often involve nuances and contextual factors that may not be captured in a summarized police report or other User Data. Relying solely on AI-generated summaries can lead to overlooking crucial details and making inappropriate charging decisions.

Overreliance and Deskilling: Habitual use of AI tools can diminish prosecutors’ critical thinking skills, legal reasoning abilities, and the nuanced understanding of individual cases. It is important to maintain active engagement with case materials and not become overly dependent on AI-generated outputs.

Ethical Considerations: The use of AI in the criminal justice system raises ethical concerns regarding transparency, accountability, and the potential for misuse. Ensure that the use of ProsecutionAI adheres to ethical guidelines and legal principles.

Specifically, you agree to:

• Use ProsecutionAI as a tool to aid your workflow, not a substitute for your own legal judgment and expertise.
• Always conduct independent case review and legal research.
• Be critical of and verify the Content before you use it in any charging decision.
• Carefully evaluate the accuracy and completeness of AI-generated summaries and charge recommendations.
• Cross-reference information with original police reports, witness statements, and other relevant evidence.
• Seek guidance from other experienced attorneys or legal experts when dealing with complex or ambiguous cases.
• Keep abreast of developments in AI technology, legal ethics, and best practices for using AI in the legal field.
• Maintain a transparent record of AI use in case files, and document decisions made in reliance on the Services.

Accounts Registration

To use our Service, you may need to create an account, which requires to you to provide us with accurate and complete information and keep your account information updated. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. If you are creating an account on behalf of another person or entity, you are representing to us that you have the authority to access and use the Site, Platform and Service, and you accept these Terms on their behalf. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You agree to immediately notify us of any unauthorized (or suspected unauthorized) use of your account.

Age. You must be at least 18 years of age to use the Service. If you are under 18 years of age, you are not permitted to use the Service, access the Site or Platform, or register for an account.

Privacy; Third Party Services.

Your privacy is important to us. Please read our Privacy Policy for information about how we collect, use, and disclose your personal information.

The Service, Platform or Site, may include third party software, products or services, as well as Output from these third party services. Such third party services and third party Output are subject to their own terms and we are not responsible for them.

Privacy and Security

All personal identifying information contained in User Content analyzed must be redacted, in compliance with CJIS requirements.

1. Privacy: Your access to the Services is governed by our Privacy Policy which may be updated from time to time. You may choose to opt out of data collection and cookies in accordance with the Privacy Policy. You agree to receive announcements from us regarding the operation of the Services as well as marketing and other non-critical Service-related communications from time to time.

• Security of Your Content:  In connection with your use of the Services, we shall maintain commercially reasonable physical, technical and administrative safeguards for protection of the security, confidentiality and integrity of any Content. You acknowledge that the structure of the systems used in connection with the Services makes it technically possible for a limited number of our personnel to access your Content in certain limited circumstances, including (i) to perform the Services on your behalf; (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 our legal rights and properties.

Changes to this Agreement

We may amend these Terms from time to time by posting the revised terms of this Agreement on our website and/or by providing you with written notice of such amendment (which notice may be provided via email to User contact listed is the Registration Data). Any revised terms of this Agreement will take effect from the date of posting or notice to you, unless otherwise specified in such posting or notice. You should check our website frequently for any such revisions. Your continued use of the Services shall be deemed to constitute its acceptance of any such revised terms.

Inactivity or Cancelation or Termination of Subscription

Upon a prolonged period of inactivity, or any cancellation or termination of your Subscription to the Services, we will have no obligation to maintain or provide access to User Content. If a User’s account is inactive for one hundred and twenty (120) days, we reserve the right to delete or destroy all copies of User Content without providing notice, unless legally prohibited. Furthermore, we reserve the right to delete or destroy all copies of User Content in the normal course of operation any time after the expiry of thirty (30) days after the cancellation or termination of you subscription to the Services. User Content cannot be recovered once it is deleted or destroyed.

Copyright Policy

We respect content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide all of the following information in writing:

• an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• identification of the copyrighted work that you claim has been infringed;
• identification of the material that is claimed to be infringing and where it is located on our Service;
• information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to us at Justice Partners AI, Corp., 16345 Los Gatos Blvd, Unit 47, Los Gatos Ca 95032 or by email at [email protected].

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that the preceding requirements do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Service and/or terminate our Service Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, the following:

• Your breach of the Terms or any other policy provided to you by the Company;
• To comply with any applicable laws;
• If your use poses risk to us or any third party;
• The expiration or any business account or subscription pursuant to any agreement between you and the Company; or
• Your delinquency in payment of any fees due on your account.

If you believe your account has been terminated in error, you can contact us at [email protected].

Representations and Warranties

Each party represents and warrants that these Terms constitutes a valid and binding obligation and is enforceable against it in accordance with these Terms.

Warranty Disclaimer:  EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THIS SECTION, PROSECUTIONAI 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, PROSECUTIONAI MAKES NO WARRANTY THAT (I) THE SERVICES, INCLUDING THE PROSECUTIONAI TECHNOLOGY, THE REPORTS, OR ANY OTHER SERVICES PROVIDED HEREUNDER WILL MEET YOUR REQUIREMENTS OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE OR DATA NOT PROVIDED BY PROSECUTIONAI, (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 THE COMPANY, 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 DESIGNED TO PROVIDE PRACTICAL AND USEFUL INFORMATION ON THE SUBJECT MATTER COVERED. WHILE SUCH CONTENT MAY CONCERN ISSUES RELATED TO PROFESSIONAL SERVICES, SUCH CONTENT IS NOT PROFESSIONAL SERVICES ADVICE.  YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED ON THIS SITE OR IN CONNECTION WITH THE SERVICES WITHOUT SEEKING THE ADVICE OF A COMPETENT PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER.  WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT OF OR IN CONNECTION WITH THE SERVICES.  THE COMPANY’S PROVISION OF THE SERVICES, THE MATERIALS MADE AVAILABLE VIA THE SERVICES AND ANY INFORMATION PROVIDED BY ANY PROSECUTIONAI REPRESENTATIVES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THEY DO NOT, AND ARE NOT INTENDED TO, CONSTITUTE LEGAL ADVICE AND DO NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Our Services:  You and your authorized users are responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of the Services. Our Services use machine learning models that generate predictions based on patterns in data. Output generated by a machine learning model is probabilistic and should be evaluated for accuracy as appropriate for your use case, including by employing human review of such output.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) ONE THOUSAND US DOLLARS (U.S. $1,000) OR (b) AMOUNTS YOU’VE PAID THE COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

Certain jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Governing Law and Jurisdiction

You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

Binding Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising, marketing, or other communications from us; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms. 

If you are a new user, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at [email protected] with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought. 

For any Claim, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim through binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, the Arbitration Agreement shall control. The arbitration will be conducted in the U.S. county where you live or San Francisco, California, unless you and we agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms, or any provision of these Terms, is unconscionable or illusory or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

NOTHING IN THIS SECTION WILL BE DEEMED AS PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

Class Action / Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND WE EACH AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold Justice Partners AI, Corp., our affiliates, officers, employees and agents, harmless, from and against any costs, losses, liabilities, and expenses (including reasonable attorneys’ fees) from any claim or demand made by any third party due to or arising out of or related to (a) your use of the Site, Content, Platform or Service, (b) your User Data, (c) your violation of these Terms; or (d) your violation of applicable laws, internal office policies of your district attorneys or prosecutors office, or regulations.

General

Execution; Severability.  Except as stated in the Arbitration Section herein, if any provision of these Terms, or portion thereof, is found to be invalid, unlawful or unenforceable to any extent, such provision shall be replaced with another provision consistent with the purpose and intent of these Terms, and the remaining provisions of these Terms shall remain in effect. In the case of any conflict or inconsistency between the provisions of your Subscription Agreement and the provisions of these Terms, these Terms shall govern.

Waiver.  No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right unless expressly acknowledged and agreed to by both parties in writing. A waiver of rights under these Terms will not be effective unless it is in writing and signed by an authorized representative of the party that is waiving the rights. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

Assignment.  Neither party may assign any use of the Services, in whole or in part, without the other party’s prior written consent, not to be unreasonably withheld; provided, however, that we may assign a Subscription agreement without your consent to any entity that acquires all or substantially all of the business or assets of the Company related to the Services, whether by merger, reorganization, acquisition, sale, operation of law, change in control or otherwise. Any assignment made in conflict with this provision shall be void. These Terms are binding upon and will inure to the benefits of each of the parties and their respective successors and assigns. Nothing in these Terms is intended or shall be construed to give any person, other than the parties hereto, their successors and permitted assigns, any legal or equitable right, remedy or claim under or in respect to these Terms.

Force Majeure.  Neither party shall be in default if its failure to perform or delay in performing any obligation under these Terms (other than payment obligations) is caused any condition beyond the party’s reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures, and Internet disturbances.

Relationship of the Parties.  The relationship of the parties under these Terms is one of independent contractors and does not create an agency, partnership, franchise, joint venture, fiduciary or employment relationship between the parties

Changes to these Terms. We may update these Terms and our Services from time to time as our Services develop and improve. If possible, we will try to give you advanced notice of any changes to these Terms and Conditions. All changes will be effective as soon as they are posted to the Site. If you do not agree to the changes to these Terms, you must stop using the Service and contact us to terminate your account.