By accessing, viewing, subscribing to and/or using the descrybe.ai service, summaries or this website (collectively, descrybe.ai), you agree that you understand and intend these Terms of Service and Privacy Policy (Terms) to be the legal equivalent of a signed, written contract and equally binding, and that you agree to such Terms. descrybe.ai reserves the right to change these Terms, descrybe.ai and the summaries at any time and that your use of descrybe.ai constitutes your acceptance of, and agreement to, such changes.

1. What does descrybe.ai do?

descrybe.ai uses the OpenAI engine to summarize certain legal cases from courts of law in the United States and allows users to search and review those summaries and review the underlying cases. Additional information about descrybe.ai can be found in the About, FAQ, Help, Pricing, and Get Started pages.

2. descrybe.ai does not provide legal advice

The legal case summaries and other information on descrybe.ai (collectively, summaries) are for general information purposes only. Neither the summaries nor any other information on descrybe.ai constitutes legal advice or is intended to constitute legal advice. descrybe.ai is not a law firm or lawyer, may not perform services performed by a lawyer, and does not provide any legal advice or service whatsoever. The information on descrybe.ai is not privileged and does not create an attorney-client relationship.

3. descrybe.ai case summaries and other information may be inaccurate or erroneous

descrybe.ai uses a third party service, the OpenAI engine, to summarize certain legal cases from courts of law in the United States. descrybe.ai does not review or validate the summaries or other information on descrybe.ai to confirm it is accurate, truthful, relevant, reliable, and not misleading or erroneous. The summaries and other information on descrybe.ai may be inaccurate, untruthful, irrelevant, unreliable, misleading, or erroneous, and descrybe.ai is not responsible for any inaccuracy, irrelevance, error, unreliability, interruption of, or other problem or defect in the summaries or other information on descrybe.ai. No search is perfect and no summary is a substitute for reading an entire case and receiving qualified advice from a licensed attorney. Our Simplified Summaries risk additional loss of detail. You acknowledge and agree that your use of any summaries or other information on descrybe.ai is entirely at your own risk. descrybe.ai has relied on your agreement to these Terms, and would not have made descrybe.ai or the summaries available to you without your agreement to these Terms.

4. License to use descrybe.ai

descrybe.ai grants you a personal, revocable, non-exclusive, non-transferable license to use descrybe.ai conditioned on your continued compliance with these Terms and payment of any applicable fees. You may print and download materials and information on descrybe.ai solely for personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, make a derivative work, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information, summaries, or material obtained from or through descrybe.ai. Without limiting the generality of the foregoing, you may not share any summaries, passwords, logins, or other information on descrybe.ai with any other person or entity. As a further condition of use of descrybe.ai, you warrant that you will not use descrybe.ai for any purpose that is unlawful or otherwise prohibited by these Terms. Any rights not expressly granted herein are reserved. You may not use descrybe.ai if you are under the age of 13.

5. Links to other websites

descrybe.ai may provide links to other sites on the Internet for the convenience of its users in locating related information and services. These sites have not necessarily been reviewed by descrybe.ai and are maintained by third parties over which descrybe.ai exercises no control. Accordingly, descrybe.ai expressly disclaims any responsibility for the privacy policies, information collection practices, content, accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

6. Third party products and services

descrybe.ai may use third party products or services to process payments, create summaries, host its website, etc. These third party products and services are for the convenience of descrybe.ai users and are maintained by third parties over which descrybe.ai exercises no control. Accordingly, descrybe.ai expressly disclaims any responsibility for such third party products or services, their privacy policies, information collection practices, the content, and the accuracy and quality of their products and services.

7. Disclaimer of Warranty

You agree that your use of descrybe.ai and the summaries is entirely at your own risk. descrybe.ai and the summaries are provided "as is," without warranty of any kind whatsoever, either express or implied, to you or any other person. Without limiting the generality of the foregoing, descrybe.ai disclaims to the maximum extent permitted by law any and all: (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to delays, interruptions, errors or omissions, (d) warranties relating to the transmission or delivery of the descrybe.ai or the summaries, and (e) warranties otherwise related to performance, nonperformance, or other acts or omissions by descrybe.ai or any third party.

8. Limitations of Liability

This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. This limitation applies to the content of any and all summaries and all other information on descrybe.ai. You specifically acknowledge and agree that the risk of injury from the foregoing rests entirely with you. Neither descrybe.ai nor any of its partners, agents, executives, directors, employees or affiliates shall be liable for any direct, indirect, incidental, special or consequential damages whatsoever arising out of use of descrybe.ai or the summaries or any inability to again access to or use descrybe.ai or out of any breach of these Terms, applicable law or any warranty. descrybe.ai has relied on your agreement to these Terms, including this limitation of liability, and would not have made descrybe.ai or the summaries available to you without your agreement thereto. You agree to indemnify, defend and hold descrybe.com harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation or alleged violation of these Terms or use of the descrybe.ai or the summaries.

9. Termination

descrybe.ai may terminate your access to descrybe.ai at any time. Upon termination, you have no right to access or use descrybe.ai, including the website or the summaries. Upon termination, you must destroy all summaries and other information obtained from the descrybe.ai and all copies thereof. Sections 2, 3, 5, 6, 7, 8, 10-14 of the Terms of Service and the Privacy Policy shall survive termination of these Terms. All sales and purchases at descrybe.ai are final and non-refundable.

10. Copyrights; Digital Millennium Copyright Act

Notice. descrybe.ai follows the notice and takedown procedures in the Digital Millennium Copyright Act (DMCA). If you believe content on descrybe.ai violates your copyright, please immediately notify us by sending a message with the information described below through our contact page. Please use the subject "DMCA Copyright Notice" in your message. Under the DMCA, you may be held liable for damages based on material misrepresentations in your infringement notice. You must also make a good-faith evaluation of whether the use of your content is a fair use, because fair uses are not infringing. If you are not sure if the content you want to report infringes your copyright, you should first contact a lawyer.

The DMCA requires that all infringement notices must include all of the following:

1. A signature of the copyright owner or a person authorized to act on the copyright owner's behalf.
2. An identification of the copyright claimed to have been infringed.
3. A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to allow descrybe.ai to find and positively identify that material.
4. Your name, address, telephone number, and email address
5. A statement that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent.
6. A statement, under penalty of perjury, that all of the information contained in your infringement notice is accurate.
7. A statement, under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.

Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information:

1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Boston, MA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, descrybe.ai may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at descrybe.ai’s sole discretion.

11. Governing Law and Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts. Except as provided in the descrybe.ai Arbitration Agreement, any action arising out of or relating to these terms shall be filed only in state courts located in Boston, Massachusetts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

12. Dispute Resolution By Binding Arbitration or Small Claims Court

For the purpose of this Arbitration Agreement, "you" and "your" refers to the customer and others as defined below and "we" and "Company" refers to descrybe.ai.

Please read this carefully. It affects your rights.

Summary:

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care at 617-752-2020. In the unlikely event that descrybe.ai Customer Care is unable to resolve your complaint to your satisfaction (or if descrybe.ai has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. While in some instances, upfront costs to file an arbitration claim may exceed similar costs to bring a case in court, for any non-frivolous claim that does not exceed $75,000, Company will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from descrybe.ai to the same extent or more as you would in court.

The arbitrator shall apply the same limitations period that would apply in court. Under certain circumstances (as explained below), descrybe.ai will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what descrybe.ai offered you to settle the dispute.

You may speak with independent counsel before using this Site or completing any purchase.

Arbitration Agreement:

(a) Company and you agree to arbitrate all disputes and claims between us in small claims court or before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:

1. claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
2. claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
3. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class;
4. and claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to “descrybe.ai,” "Company," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, anyone for whom you are conducting case searches.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, or, where the amount at issue is within the venue’s small claims court’s jurisdiction, either party may demand small claims court in lieu of arbitration upon receipt of a Notice of Dispute. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Company should be addressed to: Notice of Dispute, General Counsel, descrybe.ai, [address] (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or demand that the matter proceed in small claims court in lieu of arbitration, should the Demand be within the venue’s small claims jurisdiction. During an arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

(c) Should neither party demand small claims court, after Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee for consumer-initiated arbitrations is $200, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Company will pay it directly after receiving a written request at the Notice Address.) The Company will not reimburse you for arbitration fees should you commence arbitration after it submits a demand for small claims court in lieu of arbitration. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, for all claims under $75,000, and the applicable rules as determined by the AAA for all claims of or above $75,000, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide. Unless Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Company was a party. Except as otherwise provided for herein, Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at more than $75,000 (excluding attorney's fees and expenses), the payment of these fees will be governed by the AAA rules.

(d) For claims under $75,000 that proceed in arbitration, if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Company's last written settlement offer made before an arbitrator was selected, then Company will:

1. pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater;
2. and pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the "attorney's payment").

If Company did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorney's fees or expenses is greater than the value of Company's last written settlement offer, the arbitrator shall include in his or her calculations only the value of any attorney's fees or expenses you reasonably incurred in connection with the arbitration proceeding before Company's settlement offer.

(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude an arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Company may have a right to an award of attorney's fees and expenses if it prevails in an arbitration proceeding, Company will not seek such an award for claims under $75,000.

(f) An arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(g) If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

(h) Notwithstanding any provision in the applicable Terms to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to any notice address, website link or telephone number provided herein), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

13. Translations

Spanish translations of case summaries are completed by AI for your convenience and are not individually reviewed. Descrybe.ai is not responsible for errors in translation.

Spanish translations of these Terms, as well as other terms, conditions, and policies, are also provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

14. Customers Needing Extra Assistance.

descrybe.ai aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the descrybe.ai website, or otherwise have difficulties using the descrybe.ai website, please call 617-752-2020 and our Customer Care team will assist you.