Terms of Service

These Terms of Service (the “Terms”) are a contract between Lexatta LLC (“Lexatta,” “we,” “us”) and the law firm or other organization that creates a Lexatta account (the “Customer” or “Firm”). They govern the Lexatta website, applications, intake forms and related services (the “Service”).

The person who accepts these Terms on the Firm’s behalf confirms that they have authority to bind the Firm. The Firm is responsible for everyone it allows to use its account (“Firm Users”).

Our Privacy Policy, Data Use Policy and Data Processing Addendum (the “DPA”) are part of these Terms. If they conflict, the DPA controls on the processing of Customer Data, and otherwise these Terms control. A separately signed order form or agreement with Lexatta controls over all of them.

The Firm’s own clients and other people who complete a Firm’s intake forms (“Clients”) are not parties to these Terms. Their relationship is with the Firm, and the Firm’s own terms and privacy notice govern it. Section 4 explains what the Firm must do for them.

Lexatta lets Firms turn their own document templates into online intake workflows, send those workflows to Clients, review submissions, generate draft documents from the answers, and release documents to Clients. Lexatta uses artificial intelligence (“AI”) when a Firm creates a workflow: it analyzes the uploaded template to identify the information the template needs and to propose an intake form. Documents are generated from Client answers by Lexatta’s own software, not by AI.

We may change, add or remove features. If we remove a feature the Firm is materially relying on, we will give reasonable advance notice where practical.

Features we label as beta, preview or early access are provided for evaluation, may change or end at any time, and are provided “as is” without any service commitment.

Lexatta is a software tool for lawyers. We do not provide legal advice, we are not a law firm, and no attorney-client relationship exists between Lexatta and the Firm or any Client.

Workflows and intake forms proposed by AI, and documents generated from Client answers, are drafts. Either can be incomplete or wrong, for example because a workflow misidentified what a template needs or a Client’s answer was inaccurate. The Firm must review each workflow before using it, and each generated document before it is released or relied on. The Firm is solely responsible for the legal content of its documents and for the professional judgment applied to them. Documents may include review comments that flag items needing attention; the Firm is responsible for resolving and removing them before release.

The Firm remains responsible for complying with its professional obligations, including its duties of competence, supervision and confidentiality, when it uses the Service.

The Firm agrees to:

• give Clients any notices, and obtain any consents, that the law or its professional rules require before collecting their information through the Service;
• have the right to upload the templates, documents and other material it provides, and to have Lexatta process them as described in these Terms;
• keep account credentials confidential, use a unique strong password, promptly remove access for people who leave the Firm, and tell us right away at support@lexatta.com if it suspects unauthorized access;
• keep its account and billing information accurate; and
• make sure Firm Users follow these Terms. Anything done through the Firm’s account is the Firm’s responsibility.

The Firm and Firm Users must not, and must not let others:

• use the Service for anything unlawful, fraudulent or deceptive;
• upload malware, or material that infringes others’ rights or that the Firm has no right to share;
• submit protected health information that would require a HIPAA business associate agreement, full payment-card numbers, or account passwords for other services, unless we have agreed to it in writing;
• probe, scan or test the Service’s security, or bypass its access controls, usage limits or rate limits, except through a coordinated disclosure with us;
• reverse engineer the Service, copy it, or use it to build a competing product;
• scrape the Service or access it by automated means we have not authorized;
• resell or provide the Service to third parties other than the Firm’s own Clients as the Service intends; or
• interfere with the Service or other customers’ use of it.

“Customer Data” means the templates, documents, intake submissions and other content the Firm, Firm Users or Clients put into the Service, and the documents the Service generates from them. As between the parties, the Firm owns Customer Data.

The Firm grants Lexatta a limited right to host, copy, process and display Customer Data only as needed to provide, secure and support the Service, to prevent abuse, and to comply with law. We process Customer Data on the Firm’s behalf under the DPA. We do not sell Customer Data, use it for advertising, or use it to train AI models. The Data Use Policy explains this in plain language.

We may create aggregated, de-identified statistics about use of the Service (for example, how many forms are started and completed) that do not identify the Firm, any person, or the content of any submission, and use them to operate and improve the Service.

Each party will protect the other’s non-public information with at least reasonable care and use it only for this relationship. This does not cover information that is public through no fault of the receiving party, already known to it, or independently developed. A party may disclose information when the law requires it, after giving the other party prompt notice where lawful so it can seek protection. Where a legal demand seeks Customer Data, we will first try to redirect it to the Firm.

AI features send relevant Customer Data, such as an uploaded template, to AI model providers that act as our subprocessors. Those providers may not use it to train their models. The Data Use Policy describes what is sent and when.

AI output may be inaccurate, so the Firm must review an AI-proposed workflow before publishing it (Section 3). Generated documents are not AI output, but Section 3 applies to them too. As between the parties, the Firm owns the workflows, forms and documents generated for it.

Lexatta and its licensors own the Service, including its software, designs and documentation. Subject to these Terms and payment of fees, we grant the Firm a non-exclusive, non-transferable right to use the Service for its own business during its subscription. Nothing else is licensed.

If the Firm gives us suggestions or feedback, we may use them without obligation, but we will not identify the Firm as their source without permission.

Paid plans are billed in advance for each billing period through our payment processor, at the prices shown when the Firm subscribes. Plans include the usage limits shown for them (for example, numbers of workflows, users or e-signature envelopes). Add-ons may be billed separately. Fees exclude taxes, which the Firm pays other than taxes on our income.

Subscriptions renew automatically until cancelled. The Firm may cancel in its billing settings at any time; cancellation takes effect at the end of the current billing period. Fees are non-refundable except where the law requires otherwise or these Terms say so.

If a payment fails we will notify the Firm in the Service. While payment is outstanding we may pause billable features, such as creating or publishing workflows. The Firm’s forms keep accepting Client submissions for a grace period of at least seven days; after it, we may also pause new submissions until the account is brought current. The Firm will still be able to sign in and access its existing data.

We may change prices for future billing periods with at least 30 days’ notice. Free trials and invitation-based beta pricing end on the date shown in the account, after which paid plan terms apply if the Firm has chosen a plan.

We may suspend access to the Service, in whole or in part, if we reasonably believe it is needed to prevent harm to the Service, other customers or third parties; if the Firm materially breaches Section 5; or if the law requires it. We will give notice and a chance to fix the problem first when that is reasonable, limit the suspension to what is necessary, and restore access promptly once the cause is resolved.

These Terms apply while the Firm has an account. The Firm may stop using the Service and close its account at any time by contacting support@lexatta.com. Either party may terminate for a material breach that is not cured within 30 days of written notice.

For 30 days after the account ends, the Firm may ask us for an export of its Customer Data in a commonly used format. We then delete Customer Data as described in the DPA, except for copies the law requires us to keep and data in backups, which are deleted on their normal schedule.

Sections on Customer Data and confidentiality, Lexatta’s property, unpaid fees, disclaimers, limitation of liability, indemnity and general terms survive the end of these Terms.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” LEXATTA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT AI-PROPOSED WORKFLOWS OR GENERATED DOCUMENTS WILL BE ACCURATE, COMPLETE OR LEGALLY SUFFICIENT.

TO THE EXTENT THE LAW ALLOWS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, EVEN IF ADVISED THEY WERE POSSIBLE.

EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES THE FIRM PAID OR OWED TO LEXATTA IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US $100 IF THAT AMOUNT IS GREATER.

These limits do not apply to the Firm’s payment obligations, a party’s indemnity obligations, a breach of Section 5 (Acceptable use), or liability that cannot be limited by law.

The Firm will defend Lexatta against any third-party claim, including a claim by a Client, arising from Customer Data, the Firm’s use of generated documents, or the Firm’s breach of these Terms or of law, and will pay the resulting damages, costs and reasonable attorneys’ fees awarded or agreed in settlement. Lexatta will promptly notify the Firm of the claim, let the Firm control the defense, and reasonably cooperate at the Firm’s expense. The Firm may not settle a claim in a way that admits fault by Lexatta without Lexatta’s consent.

We may update these Terms. For a material change we will notify the Firm by email or in the Service at least 30 days before it takes effect, unless the change is required by law sooner. The version and effective date at the top of this page identify the current Terms. Continuing to use the Service after a change takes effect means the Firm accepts it; if the Firm does not agree, it may cancel before then.

Governing law and venue. These Terms are governed by the laws of [STATE], without regard to its conflict-of-laws rules. The state and federal courts located in [COUNTY AND STATE OF VENUE] have exclusive jurisdiction over any dispute, and both parties consent to them. Before filing a claim, a party will first try to resolve the dispute informally for 30 days after written notice. Either party may seek urgent injunctive relief in any competent court.

Notices. We send notices to the account owner’s email address. Legal notices to Lexatta go to legal@lexatta.com with a copy to Lexatta LLC, 6716 Eastside Drive NE, Ste 109, Tacoma, WA 98422.

Other terms. Neither party may assign these Terms without the other’s consent, except to a successor in a merger, acquisition or sale of substantially all relevant assets. Neither party is liable for delays caused by events beyond its reasonable control. The parties are independent contractors. If a provision is unenforceable, the rest remains in effect. A waiver must be in writing. These Terms, together with the documents they incorporate, are the parties’ entire agreement on their subject and replace any earlier agreement on it.