Terms of Service
Last updated: November 28, 2023
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the DraftyAI website and the AI-based legal document drafting services (the "Service") provided by DraftyAI ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you are not permitted to access the Service.
We reserve the right to modify these Terms of Service at any time without individual consent. Users will receive a notification within their DraftyAI account or via email whenever changes to the Terms of Service are made. Continued use of the Service following the posting of these changes will constitute acceptance of the revised Terms of Service.
Accounts
DraftyAI is designed specifically for use by attorneys licensed within the United States. When signing up, you must provide a valid, up-to-date Bar License number. You bear the sole responsibility for the veracity of the information provided to DraftyAI.
When you create an account with us, you must provide accurate, complete, and current information. Incomplete or inaccurate information constitutes a breach of the Terms and may result in immediate termination of your account.
You are responsible for safeguarding your password and any activities or actions that occur under your account.
You must not disclose your password to any third party and must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
DraftyAI is not responsible for any misuse of accounts, including use by an unlicensed attorney who has provided an incorrect Bar License number or false personal information to gain access to our services.
2. Intellectual Property
The Service, its features, and functionality, including all intellectual property rights therein, are and will remain the exclusive property of DraftyAI and its licensors. Our Service is protected by copyright, trademark, and other laws of the United States and foreign jurisdictions. Our trademarks and trade dress may not be used without our prior written consent.
Documents generated using our Service are the property of the respective attorneys who use our tools. DraftyAI claims no rights to any documents produced through our Service.
3. Links to Other Websites
Our Service may provide links to third-party websites or services that are not owned or controlled by DraftyAI.
DraftyAI has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that DraftyAI shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by your use of or reliance on any such content, goods, or services available through such third-party websites or services.
4. OpenAI API Use
DraftyAI's services are powered, in part, by OpenAI's GPT technology. Our use of the OpenAI GPT API is subject to OpenAI's Use Case Policy and API Terms of Use. While we strive to ensure the accuracy and applicability of the responses generated using our service, and that our use of the OpenAI API is in compliance with all relevant terms and conditions, DraftyAI makes no warranties or representations about the accuracy or completeness of the responses generated by the OpenAI API, nor does DraftyAI accept any liability for any loss or damage incurred as a result of its reliance on the OpenAI API.
Users may not use DraftyAI's services in violation of OpenAI's Use Case Policy. This includes, but is not limited to, the generation of content that is harmful, deceptive, violating privacy, hateful, or otherwise objectionable as outlined in OpenAI's Use Case Policy. Any such use of DraftyAI's services will be considered a violation of these Terms and may result in termination of the user's account.
5. AI Generated Content Disclaimer
DraftyAI utilizes artificial intelligence (AI) to generate legal documents. While we endeavor to ensure accuracy and relevance, DraftyAI makes no warranties regarding the completeness, reliability, or accuracy of AI-generated content. The user is solely responsible for reviewing and validating all documents produced by the Service for legal compliance, accuracy, and suitability for their intended purpose.
6. Compliance with Laws and Ethical Standards
Users agree to use the Service in compliance with all applicable laws, regulations, and professional ethical standards. DraftyAI is not responsible for ensuring that the use of its Service meets the specific legal and ethical requirements applicable to each user. Users must ensure that their use of the Service, including AI-generated documents, adheres to all relevant legal standards and professional conduct guidelines.
7. User Responsibilities and Conduct
Users are responsible for the appropriate use of the Service and for ensuring the accuracy and legality of documents produced using the Service. Users must conduct their own review and validation of documents and are responsible for any legal or professional consequences arising from the use or misuse of the Service. Unlawful, unethical, or non-compliant use of the Service is strictly prohibited and may result in termination of the user’s account.
8. Change of Service
DraftyAI reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, any feature or functionality of its Service without prior notice. Users acknowledge and agree that DraftyAI shall not be liable for any modification, suspension, or discontinuance of any feature or functionality of the Service
9. Cancelation Policy and Account Termination
Subscription plans to the Service are billed on a recurring basis. Plan details, including billing cycles and fees, are subject to change with prior notice to users. Users may cancel their subscription at any time. Cancellations will take effect at the end of the current billing cycle, and no pro-rata refunds will be provided for unused portions of the billing cycle.
We reserve the right to terminate or suspend your account at any time, without prior notice or liability, for cause, including but not limited to your breach of the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
10. Limitation of Liability
In no event shall DraftyAI, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
It is incumbent upon users to thoroughly review and validate the work produced by DraftyAI before submitting it to any government agency, court of law, or other legal proceeding. DraftyAI, nor its directors, employees, partners, agents, suppliers, or affiliates, shall bear no liability for the misuse or incorrect application of our products, including the submission of unrevised DraftyAI-produced documents.
DraftyAI is an AI model designed to assist attorneys. It is engineered with safety guardrails for enhanced accuracy and consistency. Nonetheless, the user bears sole responsibility to review and approve each document as their own before submission to any authority or party. DraftyAI disclaims all liability for any failure by the user to adequately review or correct documents before submission.
11. Indemnification:
You agree to defend, indemnify, and hold harmless DraftyAI, its parent company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of these Terms; and (d) claims brought by persons or entities other than the parties to these Terms arising from or related to your access and use of the Service, including the information obtained through the Service.
12. Dispute Resolution and Arbitration:
In the event of any dispute arising from these Terms or your use of our Services, you agree to first try to resolve the dispute informally by contacting DraftyAI. In the event of a dispute that cannot be resolved informally, users agree to engage in good faith negotiation to resolve the matter. If a resolution cannot be reached through negotiation, users agree to participate in mediation before resorting to arbitration. Mediation and arbitration will be conducted under the rules of the American Arbitration Association, and any arbitration shall be the final and binding resolution of the dispute. If the dispute cannot be resolved through mediation, you and DraftyAI agree to resolve any claims on an individual basis through final and binding arbitration, as set forth in this section. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in Delaware or any other location agreed upon between you and DraftyAI. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
13. Warranty Disclaimer:
DraftyAI, its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DraftyAI nor its suppliers and licensors make any warranty that our Services will be error-free, free of harmful components, or that access thereto will be continuous or uninterrupted. You understand that you use our Services at your own discretion and risk.
14. Severability:
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
15. Force Majeure
DraftyAI is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond DraftyAI's reasonable control, including but not limited to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
16. Disclaimers
DraftyAI's services are provided "as is" and on an "as available" basis, without any warranties of any kind, either express or implied. DraftyAI expressly disclaims any and all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. DraftyAI makes no representations or warranties that the services will be uninterrupted, secure, or free from errors.
17. Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us and supersede and replace any prior agreements we might have between us regarding the Service.