These Terms of Service ("Agreement") govern your access to and use of any Ex Parte services offered free of charge and/or on a trial basis ("Trial Services"). Any paid, enterprise-level subscription ("Enterprise Services") is governed by a separate, negotiated Master Services Agreement.
By clicking "Accept", creating an account, or using the Trial Services, you agree to be bound by this Agreement.
If you accept on behalf of a company, law firm, or other legal entity ("Company"), you represent and warrant that you have the authority to bind that Company to this Agreement, and "Customer" shall refer to that Company. If you sign up using a Company email domain or identify a Company during registration, that Company is deemed the Customer.
If you lack such authority, you must not accept this Agreement. If you accept without authority, you will be held personally liable for any breach of this Agreement.
Ex Parte grants Customer a non-exclusive, non-transferable, revocable license to access the Trial Services solely for internal evaluation purposes. Customer is responsible for all activity under its accounts, for safeguarding credentials, and for promptly notifying Ex Parte of any unauthorized use. Ex Parte may suspend, rate-limit, or restrict access to the Trial Services at any time, without notice, for any reason, including to address a security risk, prevent abuse, or maintain service integrity.
Customer will not, and will not permit any third party to:
(a) Access the Trial Services to monitor, benchmark, or for any other competitive purposes;
(b) Permit access to any direct competitor of Ex Parte;
(c) Sell, resell, sublicense, rent, or lease the Trial Services or any generated Outputs;
(d) Reverse engineer, decompile, or attempt to extract the source code, data models, or underlying algorithms of the Services;
(e) Scrape, crawl, or use any automated means to access or extract data from the Services; or
(f) Store or transmit any unlawful, infringing, or malicious content.
The Trial Services and any analyses, reports, or other content they generate ("Outputs") DO NOT CONSTITUTE LEGAL ADVICE and do not create an attorney-client relationship. Outputs are probabilistic and may contain errors. Customer must independently verify all Outputs and exercise professional judgment. Ex Parte grants Customer a limited license to use Outputs for internal purposes only. Customer will not publish Outputs or enable third-party reliance upon them.
5.1. No Sensitive or Regulated Data. Customer agrees not to submit any sensitive personal data to the Trial Services, including but not limited to Protected Health Information (PHI), payment card data (PCI), government ID numbers, precise geolocation, or data of children. No data processing addendum (DPA), security warranty, or other compliance commitment applies to the Trial Services.
5.2. License and Improvement. Customer grants Ex Parte a worldwide, royalty-free license to host, process, and analyze data submitted by Customer ("Customer Input") to operate and improve the Services, including via aggregate and/or de-identified analytics. Any feedback provided by Customer may be used by Ex Parte perpetually and without restriction.
Ex Parte and its licensors own all right, title, and interest in and to the Trial Services and all related intellectual property, including all models, knowledge graphs, and agent frameworks. No rights are granted except as expressly stated herein.
Upon registration, Customer grants Ex Parte a non-exclusive, worldwide, royalty-free license to use Customer’s name and logo to identify Customer as a user on our website and in sales, marketing, and investor materials. Customer may opt out by emailing legal@exparte.com. Ex Parte will cease any new public uses of the logo within 30 days of notice, subject to a reasonable wind-down for existing static materials.
8.1. "AS IS" SERVICE; NO WARRANTIES. THE TRIAL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY), AND WITH NO SERVICE LEVELS OR SUPPORT.
8.2. NO INDEMNIFICATION BY EX PARTE. Ex Parte has no duty to defend, indemnify, or hold harmless Customer in connection with the Trial Services.
8.3. DATA LOSS. CUSTOMER INPUT MAY BE PERMANENTLY DELETED AFTER THE TRIAL PERIOD. CUSTOMER IS RESPONSIBLE FOR EXPORTING ANY NEEDED DATA.
8.4. MODIFICATION AND DISCONTINUATION. Ex Parte may modify or discontinue the Trial Services at any time without notice.
Customer will defend, indemnify, and hold harmless Ex Parte and its affiliates from and against any third-party claims, damages, and costs (including reasonable attorneys' fees) arising from: (a) Customer Input; (b) Customer’s breach of this Agreement or violation of applicable law; or (c) any third-party reliance on Outputs caused by Customer’s disclosure.
10.1. EXCLUSION OF INDIRECT DAMAGES. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS.
10.2. LIABILITY CAP FOR TRIAL SERVICES. EX PARTE’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE TRIAL SERVICES IS LIMITED TO ONE THOUSAND U.S. DOLLARS ($1,000.00).
10.3. EQUITABLE RELIEF. Nothing in this Agreement shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property or confidential information.
11.1. Governing Law. This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of law principles.
11.2. Arbitration. Any dispute arising from this Agreement will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Rules, with the seat and venue in Delaware, and conducted in English. The arbitration proceedings shall be confidential.
11.3. Exceptions to Arbitration. Either party may seek injunctive relief in the state or federal courts of Delaware or bring an eligible claim in small claims court.
11.4. CLASS ACTION AND JURY TRIAL WAIVER. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION.
12.1. Export; Sanctions; Anti-Corruption. Customer will comply with all applicable export control and economic sanctions laws and regulations and with applicable anti-corruption and anti-bribery laws in connection with its use of the Trial Services.
12.2. Third-Party Services. The Trial Services may enable access to third-party websites, content, or services. Ex Parte is not responsible for and makes no representations or warranties about any third-party services.
13.1. Assignment. Ex Parte may assign this Agreement without consent. Customer may not assign this Agreement without Ex Parte’s prior written consent, except to a successor in interest in connection with a merger, reorganization, or sale of substantially all of its assets, with prompt written notice to Ex Parte.
13.2. Entire Agreement & Order of Precedence. This Agreement and our Privacy Policy constitute the entire agreement regarding the Trial Services. If Customer purchases Enterprise Services, the separate Master Services Agreement will govern those services and supersede this Agreement.
13.3. Modifications. We may modify this Agreement by posting an updated version. Your continued use of the Trial Services after the effective date constitutes your acceptance.
13.4. Survival. The following provisions survive termination or expiration of this Agreement: Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13.
13.5. Miscellaneous. If any provision is found unenforceable, the remaining provisions will remain in effect. No waiver of any breach is a waiver of any other breach. Neither party is liable for failure to perform due to a force majeure event. Notices to Ex Parte must be sent to legal@exparte.com.