Terms and Conditions
Last Updated: March 5, 2024
These Terms and Conditions (“Terms”) apply to your access to and use of any products and services provided by Settlement Intelligence, Inc. (“Settlement Intelligence”, “we”, “our” or “us”), including our AI Demand Letter Workflow software and any customization of and integration with such software (collectively, “Services”). The Services allow submission of text, police reports, medical bills, medical records, and other materials (“Input”) and produce a demand letter (“Demand Letter”) that you may use in connection with your client (“Client”)’s injury claims. By using the Services and with your electronic signature below you agree to the following terms and conditions. If you do not agree to these Terms, you may not use the Services.
1. ELIGIBILITY:
a. AUTHORIZATION: If you use our Services on behalf of another person or entity: (i) you agree to these Terms on behalf of yourself and that person or entity; (ii) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf; and (iii) all references to “you” throughout these Terms (other than in this Section 1(a)) will include that person or entity.
b. AGE: You must be at least 18 years of age to use our Services
c. JURISDICTION: You may only use our Services in the United States.
d. USE AND SHARING: Our Services are provided to you only for your use and not for the benefit or use of any third party (other than your Client). We may enable you to designate authorized individuals (“Authorized Users”) to use our Services, and only Authorized Users may use our Services. You will be solely responsible for your Authorized Users and their activity in connection with the Services. You represent and warrant that each Authorized User is an attorney licensed to practice law or an employee or contractor of a licensed attorney working under the supervision of such licensed attorney.
2. INPUT: You understand that any Input, including health information regarding your Client, will be used solely to provide the Services. You will obtain all required consents and permissions and have all rights, title, and interest to grant us the right and license to use the Input as set forth in these Terms. We assume no responsibility for the accuracy or completeness of the Input.
3. ACCOUNTS: Each Authorized User must create an account in order to use the Services. You will ensure that your Authorized Users (a) do not share their account credentials, (b) provide accurate account information and promptly update this information if it changes, and (c) use a strong password for their account that is unique to our Services and not used in any other website or online service. You will maintain the security of any accounts created by your Authorized Users. If you discover or suspect that someone has accessed the account of one of your Authorized Users without permission, you will promptly notify us.
4. USE RESTRICTIONS: You will not and will not permit or otherwise aid or enable any Authorized User or other person or entity to:
a. reverse engineer, disassemble, decompile or otherwise attempt to derive the source code (or underlying ideas, algorithms, structure, format or organization) of our Services;
b. provide, lease or lend our Services to any third party except as expressly authorized hereunder;
c. remove any proprietary notices or labels displayed on our Services or Demand Letter;
d. create a derivative work of any part of our Services or Demand Letter except as expressly authorized hereunder;
e. create internet “links” to or from our Services, or “frame” or “mirror” any of our Services or Demand Letter;
f. use our Services or Demand Letter to develop or offer a product or service directly or indirectly competing with the Services or Settlement Intelligence. The foregoing prohibits you from downloading the Demand Letter or any other documentation or material from our Services and using it for any purpose other than as expressly authorized hereunder (e.g., you cannot use a Demand Letter created for one client for another client);
g. violate any applicable local, state, national or international law, rule or regulation;
h. upload, post, email, or otherwise transmit or post links to any material used on or in connection with our Services that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy, impair or limit the functionality of, or interfere with the performance of any computer software or hardware or telecommunications equipment used to provide our Services;
i. require Settlement Intelligence to testify or be otherwise involved in any legal action with your Client; or
j. access or use the Services or the Demand Letter, except as expressly authorized hereunder.
5. SUSPENSION OR TERMINATION OF ACCESS: We may suspend, terminate or otherwise deny you access and license to or use of all or any part of our Services, without any resulting obligation or liability if we reasonably determine: (a) a suspension or termination is necessary to mitigate or otherwise prevent your ongoing violation of applicable law or an imminent threat to our Services; or (b) you are in breach of the Terms or a breach of the Terms is imminent.
6. SUBSCRIPTION AND PAYMENT:
a. SUBSCRIPTION PERIOD: The period for your subscription will be one year. You agree that your subscription period is continuous and will renew automatically until you or we cancel it.
b. CHANGE IN SUBSCRIPTION TIER: You may change your subscription tier by emailing us at support@settlementintelligence.com. If you change your subscription tier in the middle of a month, you will be charged the (i) rate of your old subscription tier pro-rated to date you changed the subscription tier and (ii) rate of your new subscription tier pro-rated for the rest of the month. We may change your subscription tier if you are generating more Demand Letters or have more Authorized Users than permitted in your subscription tier.
c. CANCELLATION: You may cancel your subscription by emailing us at support@settlementintelligence.com. If you cancel your subscription, you may continue to use our Services until the end of your current subscription period. You must cancel your subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next subscription period. THERE ARE NO REFUNDS OR CREDITS FOR EARLY CANCELLATION.
d. PAYMENT METHODS: You must designate a valid payment method to start a subscription. You represent and warrant that you are authorized to use your designated payment method for payment of all fees to us under these Terms, including your subscription and other amounts owed to us. We may receive updated information from your issuing bank or our payment service provider about any payment method you have used to pay for your subscription. You authorize us to charge your designated payment method (i) for subscription fees and other amounts owed to us as described in these Terms or in any other agreement between you and Settlement Intelligence (ii) at the time periods indicated at the time you enroll (e.g., monthly) or as otherwise agreed between you and Settlement Intelligence. You remain responsible for any uncollected amounts.
e. SUBSCRIPTION FEE: IF YOU USE ANY OF OUR SERVICES OR DEMAND LETTER, YOU MUST PAY US AN ANNUAL SUBSCRIPTION FEE. AT OUR OPTION, YOU MAY PAY THIS ANNUAL SUBSCRIPTION FEE IN INSTALLMENTS, BUT FOR CLARITY, PAYMENT IN INSTALLMENTS DOES NOT ABSOLVE YOUR OBLIGATION TO PAY THE FULL ANNUAL SUBSCRIPTION FEE. THIS ANNUAL SUBSCRIPTION FEE IS FULL, FINAL, IRREVOCABLE, NON-REFUNDABLE AND NON-CANCELLABLE. The subscription fee will initially be indicated at the time of enrollment. If that fee changes, we will notify you at least 30 days in advance of your next subscription period. If you do not want to pay the new fee, you must cancel your subscription at least 24 hours before the end of your current subscription period. You must cancel your subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next subscription period.
f. TAXES: You are responsible for any sales, use, value-added or other governmental taxes, fees or duties due with respect to your use of the Services. We may charge and collect these taxes, fees, and duties from you. We are not required to, and do not, collect taxes in all states. You may have a duty to directly report and pay taxes if we do not collect such taxes.
7. THIRD-PARTY MATERIALS: Our Services rely on or interoperate with third-party products and services, including communications technologies (collectively, “Third-Party Materials”). You acknowledge that (a) the use and availability of the Services is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through our Services at any time. Your access to and use of such Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Materials.
8. INTELLECTUAL PROPERTY:
a. INPUT: You, or your Client as applicable, retains all right, title and interest in and to the Input. You, on behalf of yourself and your Client, hereby grant Settlement Intelligence a fully-paid up, non-exclusive, transferable, sublicensable license to distribute, reproduce, create derivative works of, and use the Input as needed to provide the Services or as otherwise set forth in the Terms.
b. SERVICES AND DEMAND LETTER: Settlement Intelligence, or our licensors, owns all right, title and interest in and to the Services and the Demand Letter. Subject to your compliance with Sections 4 and 6, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable right to access our Services and license to prepare derivative work of and distribute the Demand Letters solely in connection with your Client for whom you created the Demand Letter (i.e., you cannot use a Demand Letter created for one client for another client). Any use of the Services or Demand Letter other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
c. FEEDBACK: You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, or other feedback about us, our Services, or Demand Letter. You understand that we may use such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You understand that we may treat feedback as nonconfidential.
9. DISCLAIMER:
a. Our Services and Demand Letter are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that our Services or Demand Letter are accurate, complete, reliable, current or error-free. You understand that Settlement Intelligence is not practicing law or medicine. No work product of Settlement Intelligence should be construed as being a legal or medical opinion or advice. You understand that Settlement Intelligence provides a proprietarily formatted Demand Letter based on the Input. You understand that it is your responsibility to review and complete the Demand Letter and make the appropriate monetary demand. You understand that Settlement Intelligence will not provide you with a suggested monetary demand, nor will it tell me the monetary value of any claim, as claim value varies depending upon a large number of factors, including but not limited to the lawyer’s skills and reputation, the jurisdiction, the constitution of a specific jury, and other widely variable factors. You further understand that all assessments and recommendations made by Settlement Intelligence are based upon its agents’ knowledge of insurance claims evaluation, and their review of the Input, and that such recommendations do not establish the standard of care for practicing law.
b. To the fullest extent permitted by applicable law, Settlement Intelligence will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Settlement Intelligence has been advised of the possibility of such damages. The total liability of Settlement Intelligence for any claim arising out of or relating to these Terms, our Services or Demand Letter is limited to the greater of $60,000 USD or the amount paid by you in the last 12 months to use our Services giving rise to the claim.
10. INDEMNIFICATION: To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Settlement Intelligence and our officers, directors, agents, partners, and employees (collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (a) your access to or use of the Services or Demand Letter; (b) your Input or feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); (e) any action filed by or on behalf of your Client; and (f) any act or omission by or on behalf of you or Authorized User, including any unauthorized access or use of our Services or Demand Letter. You will promptly notify Indemnified Parties of any Claims, cooperate with Indemnified Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). The Indemnified Parties will have control of the defense or settlement of any Claims.
11. YOUR LIABILITY: You will be solely and fully responsible for any access or use of our Services or Demand Letter by a third party arising from any act or omission by or on behalf of you or any Authorized User. If you breach Section 4(f) or Section 8(b), in addition to other available remedies available to Settlement Intelligence at law or in equity, you will pay Settlement Intelligence at least [five (5) times amount paid or payable by you]. The parties intend that this amount constitute compensation and a reasonable estimate of the minimum anticipated or actual harm that might arise from your breach, and not a penalty. In addition, Settlement Intelligence shall be entitled to injunctive relief, without the necessity of posting a bond.
12. MODIFYING OR TERMINATING SERVICES: We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
13. GENERAL:
a. CHANGES TO TERMS: We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes by, for example, posting the amended Terms and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
b. SEVERABILITY: If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
c. GOVERNING LAW/VENUE: Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Oregon without regard to conflict of law rules or principles. Any dispute between Settlement Intelligence and you will be resolved in the state or federal courts of Oregon in Multnomah County, Oregon.
d. MISCELLANEOUS: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. These Terms will inure to the benefit of our successors and permitted assigns. We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. If you have any questions or if you have to notify us for anything (including as required by the Terms), you should contact us at legal@settlementintelligence.com.