Terms of Service

1. The agreement

“Lex”, “we” and “us” mean metaisle Inc., a Delaware corporation with its office in Los Angeles, California. “You” means the person using Lex and the law firm or organization on whose behalf you use it. By creating an account, accepting an invitation or using Lex, you agree to these terms and confirm that you have the authority to do so for your firm.

The agreement is made of these documents. Where they differ, the earlier one in this list governs:

1. an order form or pilot agreement your firm has signed with us, if there is one;
2. our Data Processing Addendum, for anything about how we handle firm content;
3. our Microsoft 365 Collection Terms, when your firm collects from an organization’s Microsoft 365;
4. these terms;
5. our Privacy Policy, which describes what information we collect and who else handles it.

A firm that subscribes in the application, without an order form, agrees to the documents in items 2 to 5.

2. Who may use Lex

Lex is a professional tool for lawyers and the people who work under their supervision. You must be at least 18 and be using Lex in the course of legal work. Lex is not offered to consumers seeking legal help for themselves.

3. Accounts and administrators

• Accounts belong to a firm. The firm’s administrators invite people, assign seats and remove them. When a person is removed, their access and any mailbox or storage account they connected stop working at once; the work they did remains the firm’s.
• Keep your sign-in credentials to yourself and tell us promptly if you believe an account has been misused. You are responsible for what is done under your account.
• One seat is for one person. Seats may not be shared.

4. Your content

It stays yours. Everything you put into Lex, and every draft, answer and export Lex produces for you, belongs to you or your clients as between you and us. We claim no ownership of it.

What you allow us to do with it. You give us permission to store, copy, process and transmit your content only as needed to provide Lex to you: reading your file, sending the relevant parts to the AI and infrastructure providers named in the Privacy Policy, producing drafts, delivering what you ask for, making backups, and fixing faults. We do not use your content to train AI models, and we do not use it for any other customer or any other purpose.

Privilege and work product. We understand that your content includes privileged and confidential material. Our handling of it as your service provider is not intended to waive, and you do not intend by using Lex to waive, the attorney-client privilege, work-product protection or any other protection that applies to it. Whether the use of a cloud service is consistent with your professional obligations is your judgment to make; the Privacy Policy is written to give you the facts you need to make it.

What you promise about it. You have the right to put your content into Lex and to have it processed as these terms describe, including any consent or notice your clients, a protective order or a court requires. Do not put in material that a protective order or law forbids you to give to an outside service provider.

5. Lex is not your lawyer

• No legal advice. metaisle Inc. is not a law firm. Lex does not give legal advice and no attorney-client relationship is formed between us and you, or between us and your clients.
• Everything is a draft. Lex is built on AI models. It can misread a document, cite the wrong page, state a fact the record does not support, miss something that is there, or apply the wrong rule. Every paper, answer, citation, Bates reference, objection and position is a draft until a licensed attorney has read it, checked it against the record and the law, and adopted it as their own.
• Dates are an aid, not a docket. Deadlines Lex computes or places on a calendar are calculated from the facts and rules it was given. Court rules, local rules, standing orders and stipulations vary and change. Verify every date. Lex does not replace your docketing system or your malpractice carrier’s calendaring requirements.
• Nothing is filed or served by Lex. Lex prepares drafts. In your own mailbox it leaves only unsent drafts. It emails documents only when you tell it to, and from its own address, never from yours. Filing, serving and signing are acts you take.
• Your duties remain yours. Competence, supervision, confidentiality, candor to the tribunal and every other professional obligation rest with the lawyers using Lex, exactly as they would for work prepared by an associate or a paralegal.

6. Connected accounts and AI providers

Lex can connect to accounts you hold elsewhere — Gmail and Google Calendar, Outlook, Google Drive, Dropbox. Connecting one is your choice; you authorize Lex to read from it and write to it as the Privacy Policy describes, and you can disconnect it at any time. Your use of those services remains subject to your agreements with their providers.

Lex can also collect from an organization’s Microsoft 365 — your firm’s own or a client’s — once an administrator of that organization approves it. That use is governed by the Microsoft 365 Collection Terms, and you may start it only for an organization whose data you are authorized to collect.

Lex depends on AI models and infrastructure run by other companies, listed in the Privacy Policy. We choose them with care and hold them to terms that protect your content, but we do not control them and are not responsible for their outages.

7. Acceptable use

You will not, and will not let anyone else:

• use Lex to break the law, to deceive a court, or to harass or harm anyone;
• put in content you have no right to use, or malicious code;
• try to reach another firm’s material, probe or defeat Lex’s security, or interfere with the service;
• copy, resell or sublicense Lex, or use it to provide a service bureau for others, except for the ordinary work of your firm for its clients;
• reverse engineer Lex, or use it or its output to build a competing product or to train an AI model;
• use automated means to extract data from Lex beyond the exports it provides, or go around its usage limits.

8. Fees and usage limits

Subscribing in the application. A firm that subscribes in Lex pays per seat per month, at the price shown when it subscribes. A new firm’s first subscription starts with a 14-day free trial, once per firm; a card is required to start it, and the first charge is made when the trial ends unless the firm cancels before then. The subscription then renews each month, and the card on file is charged in advance, until the firm cancels. Payments are processed by Stripe; we never see the card number.

• Seats. Adding a seat is charged for the part of the month that remains, on the next invoice. Removing a seat takes effect for the next month; there is no credit for the rest of the current one.
• Cancelling. A firm administrator can cancel, change the card or download invoices from the billing page in Lex. Cancelling stops future charges. Fees already paid are not refunded.
• Failed payment. If a payment fails and is not put right, Lex pauses the firm’s access until it is. Your content is kept while access is paused.

Order forms. A firm with an order form pays the fees, seat counts and billing terms the order form sets, as invoiced.

Fees are not refundable except where these terms, an order form or the law require. Taxes are yours to pay, other than taxes on our income.

Each seat comes with a usage allowance that renews on a rolling schedule, within the day and within the week. When an allowance is used up, Lex pauses new work on that seat and says when it renews, until it does or the firm moves the seat to a larger plan. We may change prices for a renewal period by telling the firm’s administrators at least 30 days before it begins.

9. Confidentiality

We will keep your content confidential, use it only to provide Lex to you, and protect it with at least the care we use for our own confidential information and no less than reasonable care. Our staff may look at a firm’s content only when needed to fix a problem, respond to a request from that firm or meet a legal obligation.

If we are legally compelled to disclose your content we will, where the law allows, tell you first so that you can object.

You will keep confidential the non-public information we share with you about the product, its pricing and its roadmap.

10. What is ours

Lex itself — the software, the design, the documentation and our name and marks — belongs to metaisle Inc. and its licensors. For as long as your account is in good standing we grant you a non-exclusive, non-transferable right to use Lex for your firm’s legal work. If you send us suggestions, we may use them freely and without obligation to you; we will never treat your content as a suggestion.

11. Term, suspension and ending

• These terms apply from your first use of Lex until your firm’s account is closed.
• Your firm may stop using Lex at any time. Paid periods already begun are not refunded unless your agreement says otherwise.
• We may suspend an account that is materially in breach of these terms, is being used unlawfully, or puts other firms or the service at risk. We will tell the firm’s administrators why and, where the problem can be fixed, give a reasonable chance to fix it first. We may end the agreement if a material breach is not cured within 30 days of our notice, or if fees remain unpaid 30 days after they are due.
• Getting your work out. While your account is open you can export your drafts from Lex, and on request we will give you a copy of the rest of your content in a standard format. For 30 days after an account closes we will, on request, keep your content available so that you can take a copy. After that — or sooner on your written request — we delete it from our live systems; copies in backups age out as the Privacy Policy describes.

Sections 4, 5, 9, 10 and 12 through 16 continue after the agreement ends.

12. Disclaimers

We will provide Lex with reasonable skill and care. Beyond that:

LEX AND ITS OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUTPUT IS ACCURATE, COMPLETE OR CURRENT, THAT LEX WILL FIND EVERY RELEVANT DOCUMENT OR PASSAGE, THAT ANY DEADLINE IT COMPUTES IS CORRECT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR REVIEWING ALL OUTPUT BEFORE RELYING ON IT.

13. Limit of liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) NEITHER PARTY IS LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, SANCTIONS, OR THE COST OF A MISSED DEADLINE OR AN ADVERSE RESULT IN ANY MATTER, HOWEVER CAUSED AND EVEN IF WARNED THEY WERE POSSIBLE; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO LEX OR THESE TERMS IS LIMITED TO THE GREATER OF THE FEES YOUR FIRM PAID US FOR LEX IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND US $100.

These limits do not apply to a party’s fraud or willful misconduct, to your obligation to pay fees, or to liability that the law does not permit to be limited. They reflect an allocation of risk that the price of Lex depends on.

14. Indemnity

Ours. We will defend you against a third party’s claim that Lex itself, as we provide it, infringes that party’s intellectual property rights, and pay the damages finally awarded or agreed in settlement. This does not cover claims arising from your content, from output, from AI models or services provided by others, or from use of Lex in breach of these terms. If such a claim is made we may modify Lex, obtain a license, or end the affected service and refund prepaid fees for the unused period.

Yours. You will defend us against a third party’s claim arising from your content, from your use of Lex in breach of these terms or the law, or from the legal services you provide to your clients, and pay the damages finally awarded or agreed in settlement.

The party seeking defense must give prompt notice, allow the other to control the defense and settlement, and cooperate reasonably. Neither may settle in a way that admits fault for the other without consent.

15. Governing law and disputes

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Los Angeles County, California, and each party consents to their jurisdiction. Before filing, the parties will try in good faith for 30 days to resolve the dispute by talking to each other. Either party may seek an injunction at any time to protect its confidential information or intellectual property.

16. General

• Changes. We may update these terms. We will post the new version here with a new effective date and, for a change that reduces your rights, email firm administrators at least 30 days before it takes effect. Continuing to use Lex after that date means you accept the change.
• Changes to Lex. Lex is under active development. Features may change; we will not remove your ability to take your work out.
• Assignment. Neither party may assign this agreement without the other’s consent, except to a successor in a merger or sale of substantially all of its business, on notice.
• Notices. We will send notices to the email addresses of your firm’s administrators. Send notices to us at the address below.
• Events beyond control. Neither party is liable for a failure caused by events beyond its reasonable control, including failures of the internet or of third-party providers.
• The rest. These terms, the Privacy Policy and any signed agreement between us are the whole agreement about Lex. If a provision is unenforceable the rest stays in force. Not enforcing a right is not a waiver of it. The parties are independent contractors. There are no third-party beneficiaries.

Questions: metaisle Inc. · info@discoverylex.com