Terms of Service

1. This agreement

These Terms of Service form a binding agreement between you and Faircase ("Faircase", "we", "us") governing your use of the Faircase platform, the client portal, our applications, and the websites at faircase.ai and its subdomains (together, the "Service").

By creating an account, signing in, or using the Service, you accept these Terms. If you do not accept them, do not use the Service.

1.1 Who is accepting

If you use the Service on behalf of a law firm, company or other organisation, you represent that you are authorised to bind that organisation, and "you" means both you and that organisation. If your organisation has signed a separate written subscription agreement, master services agreement or data-processing agreement with us, that agreement controls wherever it conflicts with these Terms.

1.2 Eligibility

You must be at least 18 and legally able to enter a contract. If your access was provisioned by a firm — as an attorney, paralegal, administrator or client — your use is also subject to that firm's own rules, and the firm may change or revoke your access at any time.

1.3 Changes to these Terms

We may revise these Terms. For material changes we will give at least 30 days' notice by email or in the application before they take effect. Continuing to use the Service after that date means you accept the revision; if you do not, you may terminate under §12 and export your data. Changes required by law or addressing a security risk may take effect immediately.

2. Faircase is not a law firm

Two distinct things carry the Faircase name, and the difference matters:

• Faircase — the technology company that builds and operates the Service. It provides software. It does not practise law.
• Faircase Legal Services, P.C. — a professional corporation that provides legal services to its own clients under a separate, signed engagement agreement. An attorney-client relationship with the P.C. arises only when that engagement agreement is executed, and it is governed by that agreement rather than by these Terms.

Nothing on our website — no guide, article, checklist, calculator, form-filling tool or AI output — is legal advice, and none of it should be relied on as a substitute for advice from a licensed attorney about your own situation. Immigration law changes frequently and outcomes depend on facts we do not know. Blank immigration forms and official instructions are available free of charge at uscis.gov.

If you are an attorney using the Service: you remain solely responsible for your professional obligations — competence, supervision, confidentiality, conflicts, candour to tribunals and the unauthorised practice of law. The Service is a tool that assists you; it does not exercise, and cannot exercise, professional judgement on your behalf. You are responsible for reviewing everything filed or sent under your name.

3. Accounts and users

You are responsible for the accuracy of your account information, for the activity that occurs under your credentials, and for keeping those credentials secure. Tell us promptly at security@faircase.law if you suspect unauthorised access.

We require multi-factor authentication on accounts with access to sensitive data. Do not share accounts between people — the audit record that protects you depends on each action being attributable to one person.

Where you are the firm administrator, you control who has access, what role each person holds, and what automated agents may do on a user's behalf. You are responsible for deprovisioning people who leave. We are entitled to treat instructions from a firm administrator as authorised by the firm.

4. Your data

4.1 You own it

As between you and Faircase, you retain all right, title and interest in the data you or your users put into the Service — client records, documents, notes, communications, form data and everything derived from them ("Customer Data"). We claim no ownership of it.

4.2 What we may do with it

You grant us a limited, non-exclusive licence to host, copy, transmit, display, process and back up Customer Data solely to provide, secure and support the Service for you, and to comply with law. That licence ends when the data is deleted.

We may generate and use aggregate operational metrics that contain no Customer Data and no personal information — counts of API calls, error rates, storage volumes — to run and scale the Service.

4.3 Our role in law

For Customer Data, you are the controller (or, where you are a law firm, the party with the professional duty to your own clients) and Faircase is the processor and service provider, acting only on your documented instructions. Our data-processing terms are incorporated into this agreement by reference and are available on request. Our handling of personal information is described in the Privacy Policy, which forms part of these Terms.

4.4 Getting your data out

You may export Customer Data at any time during your subscription in a machine-readable format. On termination, see §12.4.

4.5 Your responsibilities for the data you upload

You are responsible for having the legal right to put Customer Data into the Service and to have us process it — including any consent your own clients must give — and for the accuracy of what you upload. You are responsible for the lawfulness of the instructions you give us.

5. Acceptable use

You agree not to:

• Access, or attempt to access, data belonging to another firm or another firm's clients.
• Probe, scan or test the security of the Service, or circumvent any authentication, rate limit, tenancy boundary or egress control, except under a security-testing programme we have authorised in writing.
• Reverse engineer, decompile or attempt to derive the source code of the Service, except where that restriction is unenforceable by law.
• Resell, sublicense, or provide the Service as a service bureau to third parties, unless your subscription expressly permits it.
• Use the Service to practise law without a licence, or to assist anyone else in doing so.
• Use the Service to send unlawful communications, including messages that violate the Telephone Consumer Protection Act or applicable anti-spam law, or to contact a person who has withdrawn consent or asked to stop.
• Upload malware, or content that infringes another person's rights or is unlawful.
• Interfere with the operation of the Service or place an unreasonable load on it, including through automated scraping or bulk extraction beyond documented API limits.
• Misrepresent AI-generated output as reviewed professional work product when it has not been reviewed.

We may suspend access immediately, without notice, where we reasonably believe conduct threatens the security or integrity of the Service or the confidentiality of another firm's data. We will tell you why as soon as we safely can.

6. AI features

The Service includes features that use artificial intelligence to draft documents, summarise files, extract data from uploads, answer questions about a matter and assist with form preparation.

6.1 Output is a draft

AI output is not legal advice and is not a finished work product. It may be inaccurate, incomplete, outdated or entirely fabricated, and it may appear confident while being wrong. You are solely responsible for reviewing, verifying and correcting any AI-generated content before you rely on it, send it, sign it or file it. A licensed attorney must exercise independent professional judgement over anything that goes to a client, a court or a government agency.

6.2 No decisions are automated

The Service does not make legally significant decisions about any individual by automated means alone. Every consequential action — a filing, an advice letter, a case strategy — requires a human decision.

6.3 No training on your data

Neither we nor our AI providers train models on Customer Data. We contract with our AI providers on zero-retention or no-training terms. The providers who may process Customer Data are listed in the Privacy Policy, and we will give advance notice before adding a new one.

6.4 Output ownership

As between you and us, you own the output generated for you from your inputs, subject to your AI provider's terms. Note that AI-generated material may not attract copyright protection in some jurisdictions, and that similar output may be generated for other customers from similar inputs.

6.5 Liability for AI features

To the fullest extent permitted by law, we are not liable for any loss arising from your reliance on AI output that has not been independently reviewed and verified by a qualified person, including any rejected filing, missed deadline, adverse immigration outcome or professional-responsibility consequence. This does not limit liability we cannot lawfully exclude.

7. Third-party integrations

The Service connects, at your option, to third-party systems — Google Workspace, Microsoft 365, e-signature, payments, accounting, messaging and government data sources. If you enable an integration you authorise us to exchange data with it as needed to make it work.

Those third parties are independent of us and are governed by their own terms and privacy policies. We are not responsible for their acts, omissions, availability or security, and we do not warrant their output — including data returned by government sources, whose accuracy and timeliness are outside our control. A case status shown in the Service reflects what the source reported when we last polled it; verify anything that matters against the official record.

8. Fees and billing

Fees, the billing cycle and the subscription term are set out in your order form or the plan you selected at sign-up.

• Fees are payable in advance and, except as stated here or required by law, are non-refundable.
• Subscriptions renew automatically for successive terms unless cancelled before the renewal date.
• We may change prices for a renewal term with at least 30 days' notice before the term begins.
• Fees exclude taxes; you are responsible for taxes other than those on our income.
• Overdue amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law, and we may suspend the Service after written notice and a reasonable opportunity to cure. We will not withhold your data as leverage in a billing dispute — export under §12.4 stays available.

Payments are processed by a third-party payment processor; we do not store full card details.

Trust accounting. Where the Service records client trust or IOLTA transactions, it is a record-keeping tool only. Faircase does not hold, move or have any interest in client funds, and it is not a bank, escrow agent or money transmitter. You remain solely responsible for compliance with your jurisdiction's trust-accounting rules, including reconciliation and reporting.

9. Confidentiality

Each party may receive information the other treats as confidential. Each will protect the other's confidential information with at least reasonable care, use it only to perform this agreement, and disclose it only to people who need it and are bound by comparable duties.

We treat all Customer Data as your confidential information, and we understand that it may be subject to attorney-client privilege and to the professional confidentiality duties of the firms we serve. We handle it accordingly. Our obligations here survive termination and continue for as long as the information remains confidential — not for a fixed number of years.

If we receive legal process demanding Customer Data, we will — unless legally prohibited — notify you promptly and before producing anything, give you a reasonable opportunity to seek a protective order or assert privilege, and produce only what we are legally required to produce. We will direct the requesting party to you wherever we can.

10. Intellectual property

We own the Service and everything in it other than Customer Data — the software, interfaces, designs, documentation, templates, form catalogues and our trademarks. We grant you a non-exclusive, non-transferable, revocable right to use the Service during your subscription, for your own business purposes, in accordance with these Terms. No other rights are granted.

If you send us feedback or suggestions, we may use them freely to improve the Service, without obligation to you. Feedback is not Customer Data and should not contain client information.

11. Availability and support

We aim for high availability and provide support in line with your subscription. Where your order form includes a service-level commitment, that commitment and its remedies apply; where it does not, the Service is provided on a commercially reasonable efforts basis.

We perform scheduled maintenance and will post notice in advance where we reasonably can. Emergency maintenance to address a security or stability risk may occur without notice. We may modify or discontinue features; if we discontinue a material feature we will give at least 90 days' notice, unless a legal or security reason requires faster action.

12. Term and termination

12.1 Term

This agreement runs from your first use of the Service until all subscriptions have expired or been terminated.

12.2 Termination by you

You may cancel at any time, effective at the end of the then-current term, or immediately if we materially breach and fail to cure within 30 days of written notice.

12.3 Termination or suspension by us

We may suspend or terminate for material breach that is not cured within 30 days of notice; immediately for the conduct described in §5; immediately for non-payment after notice and a cure period; or on 90 days' notice if we discontinue the Service generally, with a pro-rata refund of prepaid fees.

12.4 What happens to your data

On termination, you may export Customer Data for 90 days. We will provide reasonable assistance with a migration. After that window we delete Customer Data in accordance with the retention schedule in the Privacy Policy — noting that legal holds, and records we must keep by law or as the integrity record of the system, are retained as described there. On written request we will confirm deletion.

We recognise that a law firm's file-retention obligations to its own clients survive its relationship with us. We will not destroy Customer Data during the export window, and we will not condition export on payment of disputed amounts.

12.5 Survival

Sections 2, 4.1, 9, 10, 13, 14, 15, 16 and 17 survive termination.

13. Disclaimers

We warrant that we will provide the Service with reasonable skill and care, and that we will not materially reduce its security during your subscription.

Except as expressly stated in these Terms, the Service is provided "as is" and "as available", and Faircase disclaims all other warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or trade usage. We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that any content, form, template, government data or AI output is accurate, current or complete.

We make no warranty about the outcome of any immigration matter. Nothing in the Service predicts, guarantees or influences a decision by USCIS, an immigration court, the Board of Immigration Appeals, a consulate or any other authority.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

14. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost goodwill, loss of business opportunity, or the cost of substitute services, however caused and on any theory of liability, even if advised of the possibility.

Each party's total aggregate liability arising out of or relating to this agreement is limited to the amount of fees you paid or owed for the Service in the twelve months preceding the event giving rise to the claim.

These limits do not apply to: your obligation to pay fees; either party's indemnification obligations under §15; a party's breach of its confidentiality obligations under §9; our gross negligence, wilful misconduct or fraud; or any liability that cannot lawfully be limited.

The parties agree these allocations of risk are a fundamental basis of the bargain and are reflected in the pricing.

15. Indemnification

By us. We will defend you against a third-party claim that the Service, used as permitted, infringes that party's intellectual-property rights, and pay damages finally awarded or agreed in settlement. If the Service becomes, or we believe it may become, the subject of such a claim, we may modify it, obtain a licence, or terminate the affected subscription with a pro-rata refund. We have no obligation for claims arising from Customer Data, from combination with anything we did not supply, or from use in breach of these Terms.

By you. You will defend us against a third-party claim arising from Customer Data, from your breach of §5, from your violation of law or professional-responsibility rules, or from a claim by one of your own clients relating to your legal services — and pay damages finally awarded or agreed in settlement.

The indemnified party must give prompt notice, allow the indemnifying party to control the defence, and cooperate reasonably. No settlement that imposes an obligation on the indemnified party may be made without its consent.

16. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. Before filing anything, send a written description of the dispute to legal@faircase.law. The parties will attempt in good faith to resolve it within 30 days. This step is a precondition to formal proceedings, except for a claim seeking injunctive relief.

Forum. Any dispute not resolved that way will be brought exclusively in the state or federal courts located in New York County, New York, and each party consents to their jurisdiction and waives any objection to venue.

Jury trial and class actions. Each party waives any right to a jury trial. Claims may be brought only in an individual capacity, not as a plaintiff or class member in a class, collective or representative action.

Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Nothing here limits your right to complain to a government agency or bar regulator, or to pursue a claim in small-claims court.

17. General

• Entire agreement. These Terms, the Privacy Policy, our data-processing terms and any order form are the whole agreement between us on this subject, superseding prior discussions.
• Order of precedence. A signed subscription or master services agreement, then the order form, then these Terms, then the Privacy Policy.
• Assignment. Neither party may assign without the other's consent, except to a successor in a merger or sale of substantially all assets, on notice.
• Subcontractors. We may use sub-processors as described in the Privacy Policy, and we remain responsible for their performance.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
• Severability. If a provision is unenforceable, it is modified to the minimum extent necessary and the rest stands.
• No waiver. Failure to enforce a provision is not a waiver of it.
• Independent contractors. No partnership, joint venture, employment or agency relationship is created.
• No third-party beneficiaries. Except as expressly stated.
• Notices. To you, at the email on your account or in the application; to us, at legal@faircase.law and the postal address below.
• Export and sanctions. You represent that you are not subject to U.S. sanctions and will not use the Service in violation of export-control law.
• U.S. government users. The Service is "commercial computer software" under FAR 12.212 and DFARS 227.7202.

18. Contact us