Terms of Service

Who these terms are between

These Terms of Service (“Terms”) are an agreement between Felican AI Inc (“we”, “us”) and the law firm or other organization that creates an InjuryMcGee workspace (“Customer”, “you”). The individual who accepts these Terms confirms that they have authority to bind the Customer. If your firm signs a separate written agreement with us, that agreement controls where it conflicts with these Terms.

InjuryMcGee is offered for business use by law firms and their staff. It is not offered to consumers.

The service

InjuryMcGee (the “Service”) is web-based practice software for personal-injury law firms. It helps firms organize case files, file incoming documents, propose deadlines, request records, maintain ledgers, search public dockets and draft correspondence. Features that send anything outside your firm do so only after a user in your workspace approves the item.

The Service includes the website at injurymcgee.com, the web application, related APIs and documentation, and any sample or demo data we provide.

Accounts and users

• You are responsible for who you invite to your workspace, the roles you give them, and everything done under your users' accounts.
• Users must keep their sign-in credentials secure and must not share accounts. Tell us promptly at [email protected] if you suspect unauthorized access.
• Account information you give us must be accurate and kept up to date.
• Users must be at least 18 years old and acting for the Customer.

We are not a law firm

Felican AI Inc is a software company. We are not a law firm, we do not practice law, and we do not provide legal advice to you, your clients or anyone else. Using the Service does not create an attorney-client relationship between us and you, your clients or any other person. Nothing in the Service, our website or our communications is legal advice.

Your professional responsibility

You remain fully responsible for your legal work and your obligations to clients, courts and the Bar. In particular:

• An attorney at your firm must review and approve anything that is sent, filed or relied on, including letters, demands, records requests, deadlines and research. The approval controls in the Service exist to support that review, not to replace it.
• You are responsible for verifying deadlines against the governing rules, orders and statutes, and for your firm's calendar.
• You are responsible for complying with the rules that govern your practice, including the Rules Regulating The Florida Bar, any applicable ethics opinions on the use of generative AI, client confidentiality, advertising and solicitation rules, and trust accounting rules.
• You decide whether and how to disclose your use of AI tools to clients, and whether to obtain client consent.
• You must not charge clients for AI usage in a way your professional rules prohibit.

AI output

Parts of the Service use machine-learning models to classify, extract, summarize and draft (“AI Output”). AI Output can be incomplete or wrong, even when it cites a source. You must review AI Output before relying on it. We do not guarantee that AI Output is accurate, complete, current or suitable for any purpose, and AI Output is not legal advice. Our AI use disclosure explains how AI is used in the Service.

Your data

“Customer Data” means the documents, case information, messages and other content that you or your users put into the Service, or that the Service retrieves on your behalf from accounts you connect, together with the outputs generated from it for you.

• You own Customer Data. We claim no ownership of it.
• Our limited use. You give us permission to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service for you, and as required by law.
• No training. We do not use Customer Data to train machine-learning models, and we do not allow our model providers to do so.
• No sale. We do not sell Customer Data or use it for advertising.
• Your responsibilities. You are responsible for having the right to put Customer Data into the Service, including any consent or authorization from clients that your obligations require.
• Export and deletion. You can export Customer Data at any time. After termination we delete it as described in our Privacy Policy.

We may use aggregated, de-identified information about how the Service is used (for example, how many documents were filed or how long a page took to load) to operate and improve the Service, as long as it does not identify you, your users or your clients.

Health information and the Business Associate Agreement

Before you upload or connect protected health information, a workspace owner must sign our Business Associate Agreement in the app. The BAA forms part of these Terms and controls over them for PHI. Our handling of PHI is described in our HIPAA notice.

Acceptable use

You and your users must follow our Acceptable Use Policy, which forms part of these Terms. In short: no unlawful use, no improper solicitation, no attempts to break or overload the Service, and no use of the Service to give legal advice to the public through automated means.

Third-party services

The Service can connect to services you choose, such as Google Workspace, court and clerk portals, and case-law databases. Your use of those services is governed by their own terms. We are not responsible for third-party services, their availability or the accuracy of information they provide. Public docket information is retrieved as made available by the source and may be delayed or incomplete.

Text message program

The “InjuryMcGee case updates” text program is sent by InjuryMcGee and participating law firms, on behalf of the firm handling a recipient's case, to people who opt in at injurymcgee.com/sms or through their firm. Messages include case status updates, appointment and deadline reminders, and document requests. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time and HELP for help, or contact [email protected] or (561) 264-7166. Consent to receive texts is not a condition of service or purchase. Carriers are not liable for delayed or undelivered messages. Firms may send texts through the Service only to people who have given consent, and only after an authorized user approves the message.

Fees and billing

• Paid plans are billed in advance at the prices shown on our pricing page or in your order, plus applicable taxes.
• AI usage is billed in arrears at our cost, as described on the pricing page. You can set a monthly ceiling; when it is reached, AI features pause until you raise it or the month ends.
• Fees are non-refundable except where these Terms or the law say otherwise.
• We may change prices for future billing periods with at least 30 days' notice. Changes do not apply to a prepaid annual term already in progress.
• If a payment fails, we will tell you and may suspend paid features if it is not resolved within 14 days.

Early access and changes to the service

The Service is in early access. Features may change, be added or be removed, and some may be labelled as preview. We will give reasonable notice before removing a feature you rely on, where we can. We do not commit to a specific uptime during early access, though we work to keep the Service available and will tell you about significant incidents.

Confidentiality

We treat Customer Data as confidential. We access it only to provide, secure and support the Service, when you ask us to, or when the law requires. Our staff and subprocessors with access are bound by confidentiality obligations. If we receive a legal demand for Customer Data, we will tell you before responding unless the law prohibits it, so that you can assert any privilege or objection.

Our intellectual property and feedback

We own the Service, including its software, design, templates we provide and documentation. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your firm's internal business during your subscription. You may not copy, resell, reverse engineer or build a competing product from the Service. If you send us feedback or suggestions, we may use them without obligation to you.

Documents you create with the Service, including drafts you edit and approve, belong to you.

Disclaimers

We will provide the Service with reasonable skill and care. Beyond that, and to the fullest extent the law allows, the Service is provided “as is” and “as available”. We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that deadlines it proposes are correct, or that it will produce any particular outcome for any matter.

Limitation of liability

To the fullest extent the law allows:

• Neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, fees, goodwill or data, even if told they were possible.
• Each party's total liability arising out of or relating to these Terms is limited to the amounts you paid us for the Service in the 12 months before the event giving rise to the claim. If you are on a free plan, that amount is one hundred U.S. dollars.
• These limits do not apply to your payment obligations, to either party's indemnity obligations, or to liability that cannot be limited by law.

You acknowledge that the Service is a tool supporting work that your attorneys must review, and that these limits reflect that allocation of responsibility.

Indemnity

You will defend and indemnify us against third-party claims arising from Customer Data you had no right to provide, your legal services to your clients, or your breach of the Acceptable Use Policy. We will defend and indemnify you against third-party claims that the Service, as we provide it, infringes their intellectual property rights. The indemnified party must notify the other promptly, give it control of the defense, and cooperate reasonably.

Term, suspension and termination

• These Terms apply while you have a workspace. Paid subscriptions renew for the same term unless cancelled before renewal.
• You can cancel at any time from Settings; cancellation takes effect at the end of the current billing period.
• We may suspend access immediately if needed to prevent harm to the Service, other customers or the public, or for a serious breach of the Acceptable Use Policy. We will tell you why and restore access once the issue is resolved.
• Either party may terminate for a material breach that is not cured within 30 days of written notice.
• After termination you have 30 days to export Customer Data. After that we delete it from the active Service, and from backups as they expire on their normal schedule, unless the law requires us to keep it.
• Sections that by their nature should survive termination, such as ownership, confidentiality, disclaimers and limitation of liability, survive.

Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The state and federal courts located in Florida have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party consents to that jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other and negotiating in good faith for at least 30 days.

Changes to these terms

We may update these Terms. If a change is material, we will tell workspace owners by email or in the app at least 30 days before it takes effect. Continuing to use the Service after the effective date means you accept the updated Terms. If you do not agree, you may cancel before the change takes effect.

General

• You may not assign these Terms without our consent; we may assign them to a successor to our business, with notice to you.
• Neither party is liable for delays caused by events beyond its reasonable control.
• If a provision is unenforceable, the rest of these Terms still applies.
• Failure to enforce a provision is not a waiver.
• These Terms, together with the policies they reference and any order form, are the entire agreement on this subject.
• Notices to us go to [email protected]. Notices to you go to the workspace owner's email address.

Contact

Felican AI Inc, operator of InjuryMcGee, 1001 South Main, Suite 700, Kalispell, MT 59901. Phone (561) 264-7166. Email: [email protected].