Terms of Service

1. Agreement

These Terms of Service ("Terms") are a binding agreement between you and CaseActive LLC, a Wyoming limited liability company ("CaseActive," "we," "us"). They govern your access to and use of the CaseActive platform and related services (the "Service").

By creating an account, accessing the Service, or clicking to accept these Terms, you agree to be bound by them. If you are accepting on behalf of a law firm or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

If you do not agree to these Terms, do not use the Service.

2. Definitions

"Customer Data" means all data, documents, communications, and other content that you or your Client Users submit to, or that is generated within, the Service. This includes case records, feed posts, messages, uploaded files, form responses, signed documents, and client contact information.

"Client User" means an individual client or claimant of your firm who is granted access to the Service through your account.

"Authorized User" means an individual member of your firm's staff to whom you grant access to the Service using a seat included in your plan.

"Hub" means a single instance of the Service configured with your firm's branding, users, cases, and settings.

"Protected Health Information" or "PHI" has the meaning given in 45 C.F.R. § 160.103.

"Plan" means the subscription tier you have selected, as published at https://www.caseactive.com/pricing or as set out in an Order Form.

3. The Service

CaseActive is a hosted, white-labeled client communication and case collaboration platform for law firms, designed principally for personal injury and mass tort practices.

Depending on your Plan, the Service may include: branded client hubs accessible to your Client Users; case feeds with automated milestone updates and idle-case check-ins; intake forms and pre-intake lead capture, embeddable on your website or run standalone; document generation populated from intake data; electronic signature; invoicing and payment collection through a third-party payment processor; event scheduling and reminders; task management; video calling; claimant segmentation and bulk announcements; automated translation of client-facing content; an API and webhooks for integration with third-party systems; and administrative tools for managing users, permissions, templates, and automations.

The features, seat allowance, and active-case allowance available to you are determined by your Plan.

We may modify the Service from time to time. We will not materially reduce the core functionality of your Plan during a paid term without notice.

4. Accounts and Eligibility

You must be at least 18 years old and legally capable of entering contracts.

You are responsible for the accuracy of the information you provide, for maintaining the security of your account credentials, and for all activity that occurs under your account. Notify us promptly at security@caseactive.com if you believe your account has been compromised.

You are responsible for the conduct of your Authorized Users and for ensuring they comply with these Terms.

5. Free Trial

New subscriptions begin with a fourteen (14) day free trial. No payment method is required to start a trial.

At the end of the trial, if no valid payment method is on file, your subscription will be suspended rather than cancelled. Your data is retained in accordance with Section 16, and access resumes when a valid payment method is added.

We may modify or discontinue free trials at any time. Trials are limited to one per firm unless we agree otherwise in writing.

6. Fees, Plans, and Limits

6.1 Service Fees. You will pay the fees for your Plan at the amounts published at https://www.caseactive.com/pricing or set out in your Order Form, according to the billing frequency you select. Monthly subscriptions are billed in advance on each monthly renewal date. Annual subscriptions are billed in advance on each annual renewal date.

6.2 Seats. Each Plan includes a stated number of Authorized User seats. Client Users are unlimited on all Plans and do not count toward your seat allowance.

6.3 Active Case Allowance. Each Plan includes a stated number of active cases. If your usage approaches or exceeds this allowance, we will notify you within the Service and you may upgrade. Exceeding your allowance will not prevent you from creating cases or communicating with your Client Users.

6.4 Feature Availability. Certain features are available only on specified Plans, as published at https://www.caseactive.com/pricing. Attempting to use a feature not included in your Plan will present an option to upgrade rather than proceeding.

6.5 Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, VAT, or similar taxes, excluding taxes on our income.

6.6 Price Changes. We may change our published prices. Any change takes effect at your next renewal, and we will give you at least thirty (30) days' notice. If you do not accept a change, you may cancel before it takes effect.

6.7 Payment Processing. Payments are processed by Stripe, Inc. Your use of payment functionality is subject to their terms. We do not store full payment card details.

6.8 Late Payment. If payment fails, we will notify you and may suspend access to the Service after fourteen (14) days. Suspension does not delete your data, and access resumes when payment succeeds.

6.9 Refunds. Monthly subscriptions are non-refundable. If you cancel an annual subscription before the end of its term, we will refund the unused portion on a prorated basis, calculated from the end of the month in which you cancel.

7. Term, Renewal, and Cancellation

7.1 Renewal. Following any free trial, your subscription renews automatically for successive terms matching your billing frequency, until cancelled.

7.2 Cancellation. You may cancel at any time from within your account's admin panel. Cancellation takes effect at the end of your current billing period. No written notice is required and no cancellation fee applies. You retain access for the remainder of the period you have paid for.

7.3 Effect of Cancellation. Cancellation does not delete your data. See Section 16.

7.4 Termination by Us. We may suspend or terminate your access for material breach of these Terms, for non-payment following notice under Section 6.8, or where required by law. Except in cases of illegal activity or risk to the Service or other customers, we will give you notice and a reasonable opportunity to cure.

8. Customer Data

8.1 Ownership. As between you and CaseActive, you own all Customer Data. We claim no ownership in it.

8.2 Licence to Us. You grant us a limited, non-exclusive licence to host, process, transmit, display, and back up Customer Data solely to provide and support the Service, and as otherwise permitted in these Terms.

8.3 Your Responsibilities. You are responsible for the accuracy and legality of Customer Data, for having the rights necessary to submit it, and for obtaining any consents required from your clients, including for the use of automated translation, automated messaging, SMS delivery, and video call recording.

8.4 No Advertising or Training Use. We do not sell Customer Data. We do not use Customer Data to develop, train, or improve our products or any machine learning model.

9. AI Features

Certain features use automated systems to draft feed posts, suggest replies, and generate tasks from case activity. These are drafting aids.

You are responsible for reviewing AI-generated content before it is sent to a Client User. We do not warrant that AI-generated content is accurate, complete, or appropriate for any particular matter. AI-generated content does not constitute legal advice.

AI features are provided using Amazon Bedrock, operated by Amazon Web Services in the United States. Content submitted to these features is not used to train foundation models.

10. Professional Responsibility

The Service is a tool. It does not provide legal advice and does not create an attorney-client relationship between CaseActive and any Client User.

You remain solely responsible for compliance with your professional and ethical obligations, including duties of competence, confidentiality, communication, supervision of nonlawyer assistance, and any advertising or solicitation rules applicable in your jurisdiction. This includes reviewing automated and AI-generated communications before they reach a client, and configuring the Service in a manner consistent with those duties.

Nothing in the Service, including automated status updates, translated content, or generated documents, substitutes for your professional judgment.

11. Acceptable Use

You may not:

• Use the Service in violation of any law or of your professional obligations
• Send unsolicited commercial messages or otherwise use the Service in violation of anti-spam or telemarketing law
• Upload malicious code, attempt to gain unauthorised access, or interfere with the Service's operation
• Reverse engineer, decompile, or attempt to derive source code
• Resell, sublicence, or provide the Service to third parties other than your Authorized Users and Client Users
• Use the Service to store or transmit data you are not authorised to hold
• Exceed documented API rate limits or use the API to circumvent Plan limits

12. Protected Health Information

Because personal injury and mass tort matters routinely involve medical records, Customer Data may include PHI.

12.1 Business Associate Agreement. Where you are a covered entity or a business associate under HIPAA and you use the Service to create, receive, maintain, or transmit PHI, we will enter into a Business Associate Agreement ("BAA") with you on request. The BAA governs our handling of PHI and, in the event of conflict, controls over these Terms with respect to PHI.

12.2 Without a BAA. If no BAA is in place, you must not use the Service to store or transmit PHI.

12.3 Subcontractors. We will obtain written assurances from any subcontractor that creates, receives, maintains, or transmits PHI on our behalf, consistent with 45 C.F.R. § 164.308(b) and § 164.502(e).

12.4 Transmission Channels. SMS messages are not encrypted end to end across carrier networks. Notifications sent by SMS are limited to generic alerts, and case content remains accessible only after authenticated sign-in.

13. Third-Party Services and Integrations

The Service may connect to third-party systems, including your case management software, through our API and webhooks. Third-party services are governed by their own terms and we are not responsible for them.

Where you direct us to transmit Customer Data to a third-party service, you are responsible for that transmission and for the third party's handling of the data.

14. Confidentiality

Each party may receive confidential information from the other. Each party will protect the other's confidential information with at least reasonable care and will not disclose it except to personnel and advisors who need it and are bound by comparable obligations, or as required by law with reasonable prior notice where permitted.

Customer Data is your confidential information. We treat it accordingly.

15. Intellectual Property

We retain all rights in the Service, including its software, design, documentation, and trademarks. These Terms grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription term.

You retain all rights in your firm's name, logo, and branding. You grant us a limited licence to display them within your Hub and in client-facing communications sent through the Service.

Feedback you provide about the Service may be used by us without restriction or obligation.

16. Data Retention, Export, and Deletion

16.1 During the Term. We retain Customer Data for as long as your account is active.

16.2 On Cancellation. Cancellation does not delete Customer Data. Your data remains available if you resume your subscription.

16.3 Deletion. You may permanently delete your Hub and all associated data from within your account settings. Deletion is irreversible. Data may persist in encrypted backups for up to thirty (30) days following deletion, after which it is removed.

16.4 Export. You may request a copy of your Customer Data at any time, including after cancellation, by contacting hello@caseactive.com. We will provide it within ten (10) business days.

16.5 Your Professional Obligations. You are responsible for retaining client files in accordance with your professional obligations. The Service is not a system of record for that purpose unless you determine it to be.

17. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted or error-free, that automated messages will be delivered, or that translated content will be accurate. Translation is machine-generated.

Service-level commitments, where offered, are set out in a separate agreement applicable to Enterprise subscriptions and available on request.

18. Indemnification

You will indemnify, defend, and hold us harmless against third-party claims arising from Customer Data, from your use of the Service in violation of these Terms or applicable law, or from your professional services to your clients.

We will indemnify, defend, and hold you harmless against third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual property rights.

The indemnified party must promptly notify the indemnifying party of the claim, allow it to control the defence, and provide reasonable cooperation.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA.

OUR TOTAL LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE FEES YOU PAID IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, EXCEPT THAT THIS CAP DOES NOT APPLY TO OUR BREACH OF SECTION 14 (CONFIDENTIALITY), OUR BREACH OF ANY BUSINESS ASSOCIATE AGREEMENT, OR OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT.

20. Changes to These Terms

We may update these Terms. If a change is material, we will give you at least thirty (30) days' notice by email or within the Service before it takes effect. Continued use after that date constitutes acceptance. If you do not accept a material change, you may cancel before it takes effect.

We will update the "Last Updated" date at the top of this document whenever these Terms change.

21. Governing Law and Disputes

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles. The state and federal courts located in Laramie County, Wyoming have exclusive jurisdiction over any dispute arising out of these Terms, and each party consents to that jurisdiction.

There is no mandatory arbitration provision in these Terms. Disputes are resolved in court.

22. Notices

Notices to CaseActive must be sent to legal@caseactive.com. A copy may also be sent to CaseActive LLC, 1912 Capitol Avenue, Suite 500, Cheyenne, WY 82001, United States. Email is the primary and faster method.

Notices to you will be sent to the email address associated with your account or posted within the Service.

23. Miscellaneous

Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all assets. We may assign on the same basis.

Entire Agreement. These Terms, together with any Order Form, the Privacy Policy, and any Business Associate Agreement, constitute the entire agreement between the parties.

Severability. If any provision is unenforceable, the remainder stays in effect.

No Waiver. A failure to enforce any provision is not a waiver of it.

Force Majeure. Neither party is liable for delays caused by events beyond its reasonable control.

Publicity. We will not use your firm's name or logo in marketing without your written consent.

CaseActive LLC

1912 Capitol Avenue, Suite 500

Cheyenne, WY 82001, United States

legal@caseactive.com