Last Updated on August, 24, 2024
Welcome to Beagle! We’re excited to help you explore the world of cruelty-free e-discovery™.
Please read these Terms of Service (these “Terms”) carefully, as they constitute a legally binding agreement between Discover Beagle, Inc., a Delaware corporation (“Beagle,” “we,” “us” or “our”) and an end-user ( “you”, and “your”) and apply to your use of (i) our website and applications; and (ii) our e-discovery services and all other services we may offer (collectively, the “Services”). In case you are utilizing the Services (as defined) as a representative of or on behalf of another party (e.g. your employer or members of your partnership, collectively the “Client”), your acceptance of these Terms also binds the Client.
These Terms attach to any purchase made on our website. By accessing or using the Services in any way, you represent that (1) you have read, understand and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with Beagle, and (3) you have the authority to enter into these Terms personally or on behalf of the Client. If you, or the Client, do not agree to be bound by these Terms, you may not access or use the Services. You, or the Client as the case may be, will be legally and financially responsible for all actions using or accessing the Services including the actions of anyone you allow to access to your Account.
THESE TERMS CONTAIN CLAUSES THAT PREVENT YOU FROM BRINGING A CLAIM AGAINST US IN COURT AND VIA CLASS ACTION PROCEEDINGS. BY ACCEPTING THESE TERMS TO BINDING INDIVIDUAL ARBITRATION ONLY (AS SET OUT FURTHER BELOW).
OK, let’s get started!
1. Acceptance of these Terms
You hereby agree to accept these Terms by (a) either using our Service, or (b) by opening an account under a username. BEFORE YOU DO EITHER OF THOSE, PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE OR SET UP AN ACCOUNT.
You also agree to abide by other Beagle rules and policies, including our Privacy Policy (which explains what information we collect from you and how we protect it) that are expressly incorporated into and are a part of these Terms. Please read them carefully.
Once you accept these Terms you are bound by them until they are terminated. See Section 11 (Term and Termination).
2. Using the Services
Right to Use. Subject to your compliance with these Terms, Beagle grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to use the Services. See Section 4 for more details on your use and Intellectual Property Rights (as defined) under these Terms.
What We Provide. The Services include but are not limited to (i) a holistic e-discovery hosting and analysis platform (“Platform”), and (ii) a next-generation document auto-tagging service that tags documents relevant to each discovery RFP and provides document summaries, relevancy scores, and explanations.
Service Updates. You understand that the Services are evolving. As a result, Beagle may require you to accept updates to the Software that you have installed on your computer or mobile device. You acknowledge and agree that Beagle may update the Services with or without notifying you, including adding or removing features, products, or functionalities.
Third-Parties. We utilize certain third-party service providers (our “Providers”) for certain functionality. For instance, certain aspects of the Services (e.g. tagging documents for relevance or privilege, creating document summaries, or conducting natural language searches) rely on large language models (“LLMs”). As such, Your Content (as defined below) may be sent to a third-party LLM provider via their API for processing and results are returned and stored on our Platform. You understand and agree that when you use these aspects of the Services, a third-party cloud provider and LLM provider will technically have access to, and will process, Your Content and the results of processing that information.
Use Restrictions. You agree to not, directly or indirectly (and will not permit any third party) to:
- do anything with the Services other than use them for your own use, including not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services;
- use Beagle’s name, trademarks, service marks, trade names, designs, logos, photos, or any other materials we make available via the Services, except as allowed by these Terms;
- remove, alter or destroy any copyright notices or other proprietary markings (trademarks, service marks or other proprietary notices) contained on or in the Services or infringe Beagle’s Intellectual Property Rights (as defined);
copy, modify, translate, adapt, merge, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or its content on the Services, other than as expressly permitted by these Terms or enabled by the Services’ intended functionality, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
reverse engineer, duplicate, decompile, disassemble, or decode the Services, or otherwise extract the source code of the software of the Service;
use any robot, spider, crawler, scraper, avatar, miner or other manual or automated means to access the Services, “scrape” or download data from any pages of the Site or extract other users’ information (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services;
violate any applicable law or regulation in connection with your access to or use of the Services;
disrupt or hinder (or try to do so) any of the Service's web pages, connected servers or networks, or technical systems of a Provider, or not follow protocols or guidelines linked to the Service;
try to detect, scan, or test any vulnerabilities of the Services or any of our or our Provider’s system or network, or breach or override any security or authentication protections for the Services;
pretend to be someone else or falsely represent your association with any other entity;
access the Service in ways that aren't authorized by this Agreement;
leverage the Service to produce datasets for neural network training, machine modeling, or developing templates or products for third-party;
transmit, distribute, publish, use, or otherwise make available, through or in connection with the Services:
anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, offensive, or otherwise objectionable;
any material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or that is harmful to minors in any way.
any material that would give rise to criminal or civil liability; that encourages violence or other criminal conduct; or that encourages or provides instructional information about violent, offensive, or illegal activities; or
any material that abuses, stalks, threatens or otherwise violates the legal, privacy, publicity, or other rights of others.
Notwithstanding the above, you may upload materials meeting the above descriptions if those materials are pre-existing documents relating to a legal matter and you are using Beagle to analyze their relevance or discoverability.
In all cases, Beagle will determine in our sole discretion whether any action of an end-user violates the above rules. We reserve the right to remove any offending content, terminate or limit the visibility of your Account, and notify third parties, including law enforcement, and provide those third parties with information relating to your Account.
3. Creating an Account
Registration. To access or use certain features of the Services, you must register for an account (“Account”) and provide information as prompted by the account registration flow. You represent and warrant that: (a) all registration information you submit is truthful and accurate; and (b) you will maintain and promptly update such information to keep it true, accurate, current and complete. You may delete your Account at any time, for any reason in accordance with Section 10(d).
Eligibility. The Services are only available to end-users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent and warrant that you are at least 18 years of age or over the age of majority in the state or country where you are a resident or citizen. You are not eligible to be an end-user if you are barred from using the Services under the laws of the United States or any other applicable jurisdiction, including pursuant to Section 20 (Export Control) in these Terms.
User Information & Credentials. When you create an Account with Beagle, you will be asked to choose a username and password. You acknowledge and agree that you are exclusively responsible for the security and confidentiality of your login credentials and for all use of the Services and all related charges that may arise from such use of the Services in connection with your login credentials, with or without your knowledge. . You agree that you will monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You are responsible for any use of your credit card or other payment instrument (e.g., PayPal) by minors. You may not share your Account or password with anyone, and you agree to notify Beagle immediately of any actual or suspected unauthorized use of your Account, your password or any other breach of security as related to the Services, including on any hardware device which you may use to access our Services. Notwithstanding the foregoing, and subject to your order form corporate account-holders may generate log-in credentials for other team members.
4. Intellectual Property Rights, Ownership and Grants
Your Content. “Your Content” is anything you make available through the Services, including materials you upload to or transmit via the Platform, including but not limited to your own original materials and any potential e-discovery or related materials (“Your Content”). You and your licensors own all rights and title in Your Content, including any Intellectual Property Rights (as defined). Beagle does not claim any ownership of Your Content or assert any rights under your Intellectual Property Rights other than as granted under these Terms.
Rights You Grant Us.
When you upload Your Content on or in the Services, you represent that you have the right to do so and will indemnify Beagle according to Section 9 (Indemnification) against any breach of this representation. You hereby grant Beagle a worldwide, royalty-free, sublicensable license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute (“Handle”) Your Content. This license to Handle is solely for the purpose of us and our Provider providing you the Services. It does not grant Beagle the right to use or share confidential e-discovery materials off-Platform (except as necessary under law or to make Your Content available to Providers solely for the purpose of providing such Services).
You agree that submission of any ideas, suggestions, documents, and/or proposals to Beagle (“Feedback”) is at your own risk and that Beagle has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Beagle a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback for any purpose.
Beagle’s Rights. The Services utilizes technology, capabilities and contain certain materials provided by us as well as our licensors, including but not limited to, all proprietary content, information, software, images, text, graphics, illustrations, logos, photographs, audio, video, and music. Beagle and its licensors reserve all ownership and Intellectual Property Rights to all parts of our Services. For the purposes of these Terms, “Intellectual Property Rights” means all (i) patents, patent disclosures, and inventions (whether patentable or not), (ii) trademarks, (iii) copyrights and copyrightable works (including computer programs), and rights in data and databases, and (iv) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world. Your use rights, as set out under Section 2 above are subject to compliance with these Terms and as applicable payment of the applicable fees.
5. Aggregate Stats
Beagle shall monitor your use of the Services, including the Platform, and collect and compile data and information related to all such use in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Platform (“Aggregated Statistics”). Such Aggregated Statistics are wholly owned by the Company with all rights reserved. operating, developing, providing, promoting, and improving the Services.
6. Communications
By entering into these Terms or using the Services, you agree to receive communications from us, including via email, and/or push notifications. Communications from us and our affiliated companies may include, but are not limited to, the following: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, and news concerning Beagle and industry developments.
7. Term and Termination
Term. These Terms commence on the earlier of the date you first used the Services or the date when you accepted these Terms, and these Terms will remain in full force and effect while you use the Services, unless terminated earlier in accordance with this Section.
Termination by Beagle. If you have breached any provision of these Terms, if Beagle is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), or if it is commercially impracticable for Beagle to provide the Services, Beagle has the right to, immediately and without notice, suspend or terminate any of the Services provided to you.
You agree that all terminations will be made in Beagle’s sole discretion and that Beagle will not be liable to you or any third party for any termination of your Account, provided that if applicable, Beagle shall refund you any prepaid amount, on a pro-rata basis, for any duration of the term of subscription to our Service which remains after the termination of your Account.
Termination by You. Other than the clauses which survive any expiry or termination of these Terms, these Terms shall not apply to you upon the earlier of (i) your/Client’s notice to us requesting a Services to no longer be provided, or (ii) deletion of applicable Accounts by emailing us at support@discoverbeagle.com.
Effect of Termination. If Services are terminated for any reason, your use rights shall cease and you may not be able to access your Account and all related information or files associated with or inside your Account (or any part thereof) may be deleted. Beagle will not have any liability whatsoever to you for any suspension or termination.
Survival. The following Sections shall survive any termination of your use right: This Section 7(f), Sections 4(a), 4(b)(ii), 4(c), 9, 10, 11, 12, 14, 16, and 19.
8. Changes to Terms
These Terms are subject to occasional revision by Beagle. When changes are made, Beagle will make a new copy of these Terms of Service available on the Site and within the App. We will also update the date at the top of these Terms. If we make any substantial changes, and you have registered with us to create an Account, we will also send an email to you at the last e-mail address you provided to us to notify you. Any changes to these Terms will be effective immediately for new Registered Users of the Services and will be effective 30 days after posting notice of such changes on the Site for existing Registered Users, provided that any material changes will be effective for Registered Users who have an Account with us upon the earlier of 30 days after posting notice of such changes on the Site or 30 days after dispatch of an e-mail notice of such changes to Registered Users. Beagle may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGES AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU WILL STOP USING THE SERVICES. OTHERWISE, YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
9. Indemnity
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Beagle, our affiliates, directors, officers, stockholders, employees, licensors, and agents (“Beagle Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your breach of these Terms, any rights of another party or any applicable law or regulation; or (c) your negligence or willful misconduct. Beagle reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Beagle in asserting any available defenses. This provision does not require you to indemnify any of the Beagle Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services. You agree that the provisions in this section will survive any termination of your Account, these Terms and/or your access to the Services.
10. Disclaimer of Warranties and Conditions
You expressly understand and agree that, to the extent permitted by applicable law, your use of the Services is at your sole risk, and the Services are provided on an “as is” and “as available” basis, with all faults. Beagle expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Except as explicitly provided hereunder, Beagle makes no warranty, representation or condition with respect to the Services, including but not limited to, the quality, effectiveness, reputation and other characteristics of the Services. Beagle makes no representation or warranty that the Services will be uninterrupted, error-free, or timely. The Services may be subject to delays, cancellations and other disruptions.
No advice or information, whether oral or written, obtained from Beagle or through the Services will create any warranty not expressly made in these terms.
11. Limitation of Liability
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BEAGLE BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, IN EACH CASE WHETHER OR NOT BEAGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES.
Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND THE BEAGLE PARTIES WILL NOT BE LIABLE BEYOND THE GREATER OF (i) $100 USD, (ii) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
SOME COUNTRIES, STATES, PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE TERMS HEREIN MAY NOT FULLY APPLY TO YOU.
12. Governing Law and Dispute Resolution
Governing Law. These Terms and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the State of California, without giving effect to the conflict of laws provisions thereof.
Arbitration. You and Beagle agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services will be resolved by binding arbitration, rather than in court, except that: (1) you and Beagle may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Beagle may seek equitable relief in court for infringement or other misuse of Intellectual Property Rights.
Informal Dispute Resolution. There might be instances when a dispute arises between you and Beagle. If that occurs, Beagle is committed to working with you to reach a reasonable resolution. You and Beagle agree that good faith informal efforts to resolve disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Beagle therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court (which you agree shall only be done in the city of San Francisco, California) if a party so elects), we will personally meet or confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this clause (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference at your cost, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which will occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Beagle that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@discoverbeagle.com or regular mail to our offices located at 738 140th Ave NE, Bellevue, WA 98005. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your dispute.Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
Waiver of Jury Trial. YOU AND BEAGLE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Beagle are instead electing that all disputes will be resolved by arbitration under these Terms, except as set out under Section 12(b)” above.
Waiver of Class and Other Non-Individualized Relief. YOU AND BEAGLE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.
Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision in these Terms with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Section 12 and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Beagle agree that either party will have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the AAA Commercial Arbitration Rules then in effect in the city of San Francisco, California, by one arbitrator alone and such arbitrator will have exclusive authority to resolve any dispute, including, without limitation, disputes arising out of or related to the interpretation or application of this Section 12, including the enforceability, revocability, scope, or validity of the arbitration requirement or any portion of this Section 12.