LitCo Terms of Use

Version: 2026-10-29

1. The service. LitCo is litigation-support software provided by LitCo AI LLC, a Delaware limited liability company (the "operator"), to the subscribing firm. Access is limited to users the firm authorizes through its LitCo instance. The firm's account administrator accepts these terms on the firm's behalf and represents that the administrator has authority to bind the firm.

2. Accounts. You are responsible for the confidentiality of your credentials and for all activity under your account. Accounts are personal and may not be shared.

3. Customer Content.

(a) Definition. "Customer Content" means the files, text, messages, and other material that the firm or its users upload to or create in the service, together with the extracted text, search index entries, and output that the service derives from that material. Customer Content may be subject to attorney-client privilege, work-product protection, or confidentiality obligations. The operator processes Customer Content to provide the service and the features the firm has enabled, and to keep the records described in section 3(d). The operator asserts no ownership of Customer Content.

(b) Model training. The operator does not train, fine-tune, or otherwise use Customer Content to develop AI models.

(c) AI model providers. Some features send requests containing Customer Content to an AI model provider, meaning a third party that runs an AI model and returns a response. The operator's AI gateway, a component of the service that sends such requests, requires zero data retention and no training on every request it sends to an AI model provider, and checks each request before sending. Zero data retention means the provider does not keep the request or its response after answering, apart from a temporary cache, and does not use them to train models. The optional first-pass review in the service's Review & Tag feature sends requests to an AI model provider directly, not through the AI gateway, and that provider has enabled zero data retention as a setting on the operator's account.

(d) Retention and deletion. The operator keeps Customer Content until the firm asks the operator to delete it. Closing the firm's account ends sign-in and access and does not by itself delete Customer Content. Some deletions in the service hide data from view and leave the data in place. After the operator deletes data, backups keep copies for a limited period. Some records, such as audit and activity logs, support tickets, and backups, are kept longer for security, legal, and operational purposes.

(e) Subprocessors and the Privacy Notice. On request, the operator will give the firm a list of its subprocessors, meaning the third parties, such as hosting providers and AI model providers, that process Customer Content for the operator. The operator's Privacy Notice at app.litco.ai/privacy describes AI processing, retention, deletion, and the categories of recipients in more detail. If the Privacy Notice and this section differ, this section governs the operator's obligations to the firm.

4. Acceptable use. You will not use the service to violate law, court order, or professional-responsibility rules; probe or defeat its security; or access matters you are not authorized to access.

5. AI features. Certain features generate machine-produced output, using either models on servers the operator runs or the AI model providers described in section 3(c). Output is not legal advice and requires attorney review before use in any filing, production, or client communication.

6. Fees. Paid features are billed per the plan and published rate card in effect for the firm's subscription.

7. Termination. The firm or the operator may terminate the firm's subscription on 30 days' written notice to the other. The operator may suspend the firm's access to the service immediately for non-payment or for a breach of section 4. A suspension cuts off use of the service and leaves the firm able to export its Customer Content. When the operator suspends access for a breach of section 4, the operator may also limit export to the extent needed to stop the breach.

8. Disclaimers. The service is provided "as is"; to the maximum extent permitted by law the operator disclaims implied warranties and limits its liability to fees paid in the twelve months preceding the claim. The disclaimer of implied warranties in this section does not limit the operator's express commitments in section 3.

9. Changes. The operator may update these terms; material changes require fresh acceptance, and each acceptance is recorded with the version and a cryptographic hash of the text accepted.

10. Notices and requests. The firm may send deletion requests, subprocessor-list requests, and other notices under these terms to LitCo AI LLC, P.O. Box 66742, Scotts Valley, California 95067, or by email to hello@litco.ai. A notice of dispute must be sent to both the postal address and the email address, as section 12(b) requires.

11. Governing law. California law governs these terms and every dispute described in section 12(a), without regard to California's conflict-of-laws rules. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation, enforcement, and procedures of section 12. Where California's arbitration statutes differ from the Federal Arbitration Act, the Federal Arbitration Act controls.

12. Disputes and arbitration.

(a) Scope. This section applies to every dispute, claim, or controversy between the operator and the firm or any user that arises out of or relates to these terms or the service, whatever its legal theory (a "dispute"). In this section, the operator, the firm, and each user is a "party."

(b) Informal resolution first. Before starting an arbitration or court action, a party must send the other party a written notice of dispute that states the sender's name, the firm's name, the facts of the dispute, and the relief requested. The firm or a user sends the notice by email to hello@litco.ai and by mail to LitCo AI LLC, P.O. Box 66742, Scotts Valley, California 95067. The operator sends the notice to the email address the firm or user has on file with the operator. Limitation periods are tolled for the 60 days after the notice is received, while the parties try in good faith to resolve the dispute. If the dispute remains unresolved when the 60 days end, either party may start arbitration. The 60-day period does not apply to a request for court relief under section 12(h)(2) or (3).

(c) Arbitration. Except as section 12(h) provides, a party may resolve a dispute only by final and binding arbitration before one arbitrator. Each party therefore waives the right to have a court decide a dispute that this subsection sends to arbitration. JAMS, an arbitration provider, will administer the arbitration under its Streamlined Arbitration Rules and Procedures if every claim and counterclaim is $250,000 or less, not counting interest and attorneys' fees, and otherwise under its Comprehensive Arbitration Rules and Procedures. The JAMS rules in effect when the arbitration starts apply, except where these terms provide otherwise. Judgment on the award may be entered in any court with jurisdiction.

(d) Seat, hearings, and confidentiality. The seat of the arbitration, meaning its legal place, is Santa Cruz County, California. The arbitrator will hold any hearing by videoconference if either party asks, unless the arbitrator finds good cause for an in-person hearing, and may decide the dispute on written submissions if both parties agree. The parties will keep the arbitration, the submissions, and the award confidential, except as needed to enforce or challenge the award or as law requires.

(e) Arbitrator's authority. The arbitrator decides every question about whether a dispute must be arbitrated, including the formation, scope, validity, and enforceability of this section, except that only a court may decide whether section 12(g) can be enforced. The arbitrator may award any individual relief that a court could award to the claimant, must apply these terms, including the limits in section 8, and must give the reasons for the award in writing.

(f) Fees and costs. Each party pays its share of the JAMS fees and the arbitrator's compensation under the JAMS rules, and pays its own attorneys' fees and costs. For a claim brought by an individual user, the operator pays the part of the JAMS fees and the arbitrator's compensation that exceeds the fee that user would pay to file the claim in court. The arbitrator may shift fees or costs to another party only where applicable law permits, or against a party whose claim or defense the arbitrator finds frivolous or brought for an improper purpose.

(g) Individual claims only. A party may bring a dispute only on its own behalf, and may not bring or take part in a class, collective, consolidated, or representative proceeding, including one brought as a private attorney general. The arbitrator may not combine the claims of more than one firm or user, or award relief to anyone other than the individual party, without the written consent of every affected party.

(h) Court exceptions. A party may bring the following in court instead of arbitration: (1) an individual claim within the jurisdiction of a small claims court, for as long as the claim stays in that court; (2) a claim for an injunction or other equitable relief to stop the actual or threatened infringement or misappropriation of that party's intellectual property rights, the unauthorized use or disclosure of Customer Content or other confidential information, or a breach of section 4; and (3) a request for provisional relief in aid of arbitration, such as an order that preserves the status quo until the arbitrator can act.

(i) If section 12(g) fails. If a court decides, after any appeal, that section 12(g) cannot be enforced as to a particular claim or request for relief, that claim or request, and only that one, will proceed in a court described in section 12(j). The court will stay that claim or request until the arbitrator has decided the parties' individual claims. The rest of section 12 remains in effect. Because the parties have not agreed to class, collective, or representative arbitration, an arbitrator may not conduct an arbitration on any of those bases.

(j) Courts and jury waiver. A court proceeding permitted by this section, other than a small claims action, must be brought in the state courts located in Santa Cruz County, California, or in the United States District Court for the Northern District of California. Each party consents to the personal jurisdiction of those courts for that purpose. To the extent the law allows, each party waives any right to a jury trial in a court proceeding about a dispute.

(k) Changes and survival. A change to section 11 or this section 12 under section 9 applies only to disputes that arise after the change takes effect. Sections 11 and 12 survive the end of the firm's subscription, the closing of any account, and the end of a user's access to the service.