Terms and Conditions (Terms of Use)

Effective Date: January 20, 2025
Last Updated: January 20, 2025

1. Introduction

1.1 Welcome

Welcome to CG Legal Technologies, LLC (“CG Legal Tech,” “we,” “us,” or “our”). We provide internet-based software solutions to law firms through various websites and products, including but not limited to Irog.ai, GetLit.ai, BigTortSupport.ai, BigTort.Support, TortSupport.ai, and Tort.Support, (collectively, the “Services”). These Terms of Use (“Terms”) govern your access to and use of our Services.

1.2 Acceptance of Terms

By creating an account, accessing, or using any part of the Services, you, as a law firm or an authorized representative of a law firm (“User,” “Customer”), agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use the Services.

1.3 Related Documents

Please also review our Privacy Policy, which describes how we handle Personal Data and other information. Our Privacy Policy is incorporated by reference into these Terms. In the event of a conflict between these Terms and the Privacy Policy regarding data handling or privacy, the Privacy Policy will govern only to the extent of that conflict.

2. Definitions

In addition to the definitions provided in our Privacy Policy, the following terms shall have the meanings set forth below:

“Account”: A unique account created for you to access or use the Services.
“Applicable Law”: All relevant local, state, federal, and international laws, regulations, and rules that apply to your use of the Services.
“Litigant”: A legal client of a law firm using CG Legal Tech software for legal and/or litigation matters, regardless of whether formal litigation has commenced.
“Litigation Data”: Data relating to any claim or legal matter involving a Litigant that is stored or processed through the Services for the benefit of a law firm.
“Sub-Processor” or “Service Provider”: A third party that processes data on our behalf to facilitate the Services (e.g., cloud hosting, payment gateways, SMS delivery services).
“You” or “your”: The law firm or individual accepting these Terms on behalf of the law firm, including authorized employees and agents.

3. Eligibility and User Responsibilities

3.1 Eligibility

The Services are intended for law firms and their authorized representatives only. By using the Services, you warrant that you:

Are at least 18 years of age (or the age of majority in your jurisdiction).
Possess the authority to enter into a binding legal agreement on behalf of the law firm you represent.
Will abide by all Applicable Laws and these Terms.

3.2 Account Registration

When creating an Account:

You agree to provide accurate and complete information during registration.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your Account.

3.3 Account Security

You are responsible for safeguarding your Account credentials. If you suspect any unauthorized use or breach of security, you must promptly notify us at info@cglegaltech.com.

3.4 User Conduct

You agree to:

Use the Services for lawful purposes only.
Not engage in any activity that disrupts or interferes with the Services’ functionality or operation.
Not upload or transmit any malicious code, viruses, or harmful data.
Not use the Services to infringe upon the rights of others (e.g., privacy, intellectual property, confidentiality).

4. The Services

4.1 Scope of Services

CG Legal Tech provides software solutions that enable:

Secure Document Storage
SMS Communication (e.g., updates, reminders)
Litigation Support (e.g., data organization, analytics)
Other functionalities as we may develop and offer.

4.2 Updates and Modifications

We reserve the right to modify or discontinue any part of the Services, temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

4.3 Service Availability

While we strive to ensure the Services are generally available 24/7, we do not guarantee uninterrupted access. We may experience downtime for maintenance, upgrades, or unforeseen technical issues.

4.4 Not Legal Advice

CG Legal Tech is not a law firm and does not provide legal advice. We only provide software tools to assist in the practice of law. You are solely responsible for any legal advice or decisions you provide to your Litigants.

5. User Content and Data Ownership

5.1 User-Generated Content

You or your authorized personnel may upload, store, transmit, or otherwise make available documents, text, images, or other content (“User Content”) on or through the Services. You represent and warrant that:

You have the necessary rights, permissions, or authorizations to upload such content.
Your User Content does not violate any third-party rights or Applicable Law.

5.2 Litigation Data

As a law firm (Data Controller), you retain full ownership and responsibility for any Litigation Data you upload into the Services. CG Legal Tech acts as a Data Processor under your instructions, as described in our Privacy Policy.

5.3 Responsibility for Client/Patient Data

To the extent that you upload Litigant information (which may include sensitive personal data), you are responsible for obtaining any necessary consents and for compliance with Applicable Laws (e.g., data protection, privacy, ethical obligations).

5.4 License to Operate the Services

By submitting User Content to the Services, you grant CG Legal Tech and its Sub-Processors a non-exclusive, worldwide, royalty-free license to use, reproduce, and process such content solely to provide and improve the Services.

6. Payments and Billing

6.1 Subscription Fees

Certain features of our Services may be subject to a subscription fee or other charges. The subscription terms (e.g., billing frequency, pricing, and payment methods) will be disclosed during your registration or plan selection.

6.2 Payment Information

If you provide credit card or other payment information, you authorize CG Legal Tech to charge your designated payment method for all fees as they become due. You represent that you have the legal right to use any payment method you furnish.

6.3 Late Payments

If your payment is overdue, CG Legal Tech may suspend or terminate your access to the Services. You are responsible for any fees or charges incurred due to late or failed payments.

6.4 Refunds

Refunds, if any, will be provided according to our then-current refund policy stated on our website or as required by Applicable Law.

7. Privacy and Data Protection

7.1 Privacy Policy

Your use of the Services is subject to CG Legal Tech’s Privacy Policy, which explains how we collect, process, and protect Personal Data, including Litigation Data.

7.2 Data Processing

To the extent that CG Legal Tech processes Personal Data on your behalf, we act as a Data Processor in accordance with the terms set forth in our Privacy Policy and any Data Processing Agreement we may enter into with you.

7.3 HIPAA (Where Applicable)

Although we are not a Covered Entity, we voluntarily comply with HIPAA requirements for safeguarding Protected Health Information (“PHI”) to the extent that PHI may be handled through our Services.

7.4 Compliance with Local Laws

You agree to comply with all applicable data protection laws (e.g., GDPR, CCPA, PIPEDA, POPIA) concerning your collection, transfer, and use of Litigant data in conjunction with our Services.

8. Intellectual Property

8.1 CG Legal Tech IP

All intellectual property rights in and to the Services (including but not limited to software, trademarks, logos, text, graphics, and user interfaces) are owned by or licensed to CG Legal Tech. Except as expressly granted herein, no license or right is granted to you.

8.2 User Feedback

If you provide any suggestions, ideas, or feedback about our Services (“Feedback”), you hereby grant CG Legal Tech a non-exclusive, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback for any business purpose.

9. Confidentiality

9.1 Definition of Confidential Information

“Confidential Information” means all non-public information disclosed by CG Legal Tech to you or vice versa in connection with the Services. Litigation Data and other User Content that you upload may be considered Confidential Information for you, while the technical details of our Services may be considered Confidential Information for CG Legal Tech.

9.2 Obligations

Each party agrees to:

Not disclose the other party’s Confidential Information to any third party without prior written consent.
Use the same degree of care to protect the other party’s Confidential Information as it uses to protect its own, but in no event less than reasonable care.
Only use Confidential Information for the purpose of fulfilling obligations or exercising rights under these Terms.

9.3 Exclusions

Confidential Information does not include information that:

Becomes publicly available without breach of any obligation.
Was lawfully received from a third party without restriction.
Was independently developed without use of the other party’s Confidential Information.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that:

The Services will be uninterrupted, error-free, or secure.
User Content or data stored will be free from loss, corruption, or breach.
The Services will meet your requirements or expectations regarding accuracy or reliability.

10.2 Limitation of Liability

To the fullest extent permitted by law:

CG Legal Tech, its affiliates, officers, employees, agents, or Sub-Processors shall not be liable for indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for lost profits, goodwill, data, or other intangible losses.
In no event shall CG Legal Tech’s total liability exceed the amounts actually paid by you to CG Legal Tech in the twelve (12) months preceding the event giving rise to the claim.

10.3 No Legal Advice

You acknowledge and agree that any data, metrics, or other output from the Services are not legal advice. You remain solely responsible for evaluating the accuracy and applicability of any results or outputs.

11. Indemnification

You agree to indemnify and hold harmless CG Legal Tech and its employees, officers, directors, consultants, affiliates, and agents from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in any way connected with:

Your breach of these Terms.
Your use or misuse of the Services.
Any allegation that User Content infringes or misappropriates the intellectual property or privacy rights of a third party.
Your violation of Applicable Law in connection with your use of the Services.

12. Term and Termination

12.1 Term

These Terms commence on the date you first use or access the Services and continue until terminated as set forth herein.

12.2 Termination by CG Legal Tech

We may terminate or suspend your access to the Services at any time, with or without notice, for any reason, including if:

You materially breach these Terms.
Your subscription or payment is overdue.
We suspect fraudulent or unlawful activity.

12.3 Termination by You

You may terminate your subscription or stop using the Services at any time by providing written notice to CG Legal Tech or by following any account termination procedures we provide.

12.4 Effect of Termination

Upon termination, your right to access the Services immediately ceases. We may retain or delete your data in accordance with our Privacy Policy and any Data Processing Agreement between us. Provisions that by their nature should survive termination (e.g., indemnification, limitation of liability, confidentiality) will survive.

13. Changes to These Terms

We may modify these Terms at any time. We will provide notice by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the updated Terms, you must stop using the Services.

14. Dispute Resolution, Arbitration, and Class Action Waiver

14.1 Governing Law

These Terms and any dispute arising out of or related to them will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

14.2 Agreement to Arbitrate

You and CG Legal Tech agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of or relating to these Terms, the breach thereof, or the use of the Services (“Dispute”) that cannot be resolved through good-faith negotiations shall be resolved by final and binding arbitration. This includes any Dispute concerning the interpretation, scope, or enforceability of this arbitration clause.

14.3 Arbitration Procedure

Administrator: The arbitration shall be administered by a reputable arbitration organization (e.g., the American Arbitration Association) pursuant to its Commercial Arbitration Rules (“Rules”) then in effect.
Location and Governing Law: Unless you and CG Legal Tech mutually agree otherwise, the arbitration hearings shall be conducted in Jacksonville, Florida. The arbitrator shall apply Florida law to the substance of any Dispute, consistent with the Federal Arbitration Act (“FAA”) to the extent applicable, and honor all applicable statutes of limitation.
Arbitrator’s Authority: The arbitrator will have exclusive authority to resolve any Dispute, including any claim that all or part of these Terms (including this arbitration clause) is unenforceable. The arbitrator’s decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
Fees and Costs: The payment of all arbitration filing, administration, and arbitrator fees will be governed by the Rules and any applicable statutes. Each party shall bear its own attorneys’ fees unless otherwise awarded by the arbitrator.

14.4 Class Action Waiver

To the fullest extent permitted by law, you and CG Legal Tech agree that:

No Class Actions: All Disputes must be brought solely on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
Waiver of Class Relief: The arbitrator is not authorized to combine or consolidate the claims of other persons or parties who may be similarly situated; nor is the arbitrator authorized to preside over any form of a class, collective, consolidated, or representative proceeding.
Severability: If a court of competent jurisdiction finds that this Class Action Waiver is unenforceable for any reason with respect to a particular Dispute, then that Dispute must proceed in a court of competent jurisdiction (as set forth in Section 14.7) and not in arbitration.

14.5 Exceptions to Arbitration

Either party may:

Seek Equitable Relief: Seek injunctive or equitable relief for claims relating to intellectual property, unauthorized use, or misuse of the Services in any court of competent jurisdiction.
Small Claims Court: Bring an individual action in small claims court if the claim is eligible and remains solely in such court.

14.6 Informal Resolution

Prior to initiating any formal Dispute resolution procedure (arbitration or court action), both parties agree to make a good-faith effort to resolve any Dispute informally by contacting each other (via email or written notice) and discussing the matter for at least thirty (30) days.

14.7 Venue and Jurisdiction (Non-Arbitrable Claims)

For any claim or Dispute that is not subject to arbitration (including a Dispute deemed not arbitrable by the arbitrator or if the arbitration provision is found unenforceable in whole or in part), such legal suit, action, or proceeding shall be exclusively brought in the state or federal courts located in Duval County, Florida, and the parties consent to personal jurisdiction and venue in those courts.

14.8 Waiver of Jury Trial

Each party irrevocably waives any and all rights to a jury trial in any legal proceeding arising out of or relating to these Terms.

15. Obligations to Disclose Use of CG Legal Technologies and Third-Party Services

15.1 Requirement to Address CG Legal Technologies:

Law Firms using CG Legal Technologies LLC (“CG Legal Tech”) must include language in their retainer agreements or a separate agreement that explicitly discloses the use of CG Legal Tech. The disclosure must inform Litigants that CG Legal Tech may process their data as part of the services provided by the Law Firm and that such processing is subject to CG Legal Tech’s Terms and Conditions and Privacy Policy.

15.2 Optional Inclusion of Additional Providers:

While the Law Firm is only required to disclose its use of CG Legal Tech, it may choose to expand the disclosure to include other third-party software providers (e.g., Westlaw, Lexis, Clio, Salesforce, etc.) at its discretion. However, CG Legal Tech must always be identified by name in any such disclosure.

15.3 Data Processing Notice:

The Law Firm must ensure that its agreements with Litigants notify them that CG Legal Tech will process their data in accordance with its Terms and Conditions and Privacy Policy. Litigants must be advised to review these documents to understand how their data will be handled.

15.4 Litigant Agreement to CG Legal Tech Terms:

The Law Firm shall require Litigants to acknowledge and agree that their use of the Law Firm’s services constitutes acceptance of CG Legal Tech’s Terms and Conditions, including any terms related to data processing, security, and communications.

15.5 SMS Communication Opt-In:

If CG Legal Tech offers SMS communication solutions as part of its services, the Law Firm must include a provision in its agreements with Litigants requiring them to opt in to receiving SMS messages. This provision must include:

Acknowledgment that SMS messages may be used for communication purposes related to CG Legal Tech’s services.
Confirmation that the Litigant consents to receiving such messages, including any standard messaging and data rates that may apply.
Information that Litigants can opt out of SMS communications at any time by following the instructions provided by CG Legal Tech.

15.6 Indemnification:

The Law Firm agrees to indemnify and hold CG Legal Tech harmless from any claims, damages, or liabilities arising from the failure of the Law Firm to include these required provisions addressing CG Legal Tech in its agreements with Litigants.

15.7 Verification of Compliance:

CG Legal Tech reserves the right to request evidence of compliance with this provision, including copies of the relevant language in the Law Firm’s retainer agreements or separate agreements, upon reasonable notice.

16. Miscellaneous

16.1 Entire Agreement

These Terms, along with our Privacy Policy and any other documents expressly referenced herein, constitute the entire agreement between you and CG Legal Tech with respect to the Services and supersede all prior or contemporaneous agreements, understandings, or communications.

16.2 Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

16.3 Waiver

No failure or delay by CG Legal Tech in exercising any right hereunder shall operate as a waiver of that right or any other right. A waiver must be in writing and signed by an authorized representative of CG Legal Tech.

16.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from CG Legal Tech. We may assign our rights and obligations under these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, such as natural disasters, war, terrorism, riots, embargoes, government actions, labor disputes, or internet service disruptions.

16.6 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between you and CG Legal Tech. You do not have authority to bind CG Legal Tech in any manner without our prior written consent.

17. IP Address & Device Information Collection

By using this service, you acknowledge and agree to our Privacy Policy, which explains how we collect, use, and store IP addresses and device information for security, fraud prevention, and compliance purposes.

18. Contact Us

If you have any questions, concerns, or feedback regarding these Terms or the Services, please contact:

CG Legal Technologies, LLC
3217 Atlantic Blvd.
Jacksonville, FL 32207
Email: info@cglegaltech.com