Terms of Service

Please read these terms carefully before using LitigationVault.ai.

Effective Date: April 1, 2026  ·  Last Updated: April 1, 2026
Contents
1. Agreement to Terms 2. About LitigationVault.ai 3. Eligibility 4. Accounts 4A. Individual Accounts 4B. Law Firm Accounts 5. Description of Services 6. AI Disclaimer 7. No Legal Advice 8. Attorney-Client Privilege 9. AI Model Providers 10. Data & Privacy 11. Vaulting & Storage 12. Fees & Billing 13. Intellectual Property 14. Acceptable Use 15. Termination 16. Disclaimers 17. Limitation of Liability 18. Indemnification 19. Arbitration 19D. Opt-Out Right 20. Governing Law 21. Changes to Terms 22. Contact

Important: These Terms of Service contain a binding arbitration clause (Section 19) and a class action waiver. You have the right to opt out of arbitration within 30 days of accepting these Terms. See Section 19D for instructions.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and PatentVC | Trademarkia, a California professional corporation doing business as Trademarkia ("Company," "we," "our," or "us"), governing your access to and use of the LitigationVault.ai platform, website, applications, and related services (collectively, the "Platform").

LitigationVault.ai is a product created, owned, and operated by PatentVC | Trademarkia.

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Platform.

2. About LitigationVault.ai

LitigationVault.ai is a privilege-preserving AI infrastructure platform that enables individuals and law firm clients to interact with large language model AI systems (including Claude, ChatGPT, Gemini, and privately-hosted models) within a secure, encrypted environment designed to preserve attorney-client privilege over those communications.

The Platform provides:

  • Secure, encrypted "vaulting" of AI-assisted communications
  • Access to multiple AI models through enterprise-grade APIs with zero data retention agreements
  • Attorney review workflows, urgency flagging, and notification systems
  • Practice management integrations (including Clio) for billing and time tracking
  • Court-ready privilege audit reports and chain-of-custody documentation
  • Calendar integrations for client-attorney scheduling

LitigationVault.ai is a product of PatentVC | Trademarkia, a California professional corporation (dba Trademarkia), the creator and operator of the Platform.

3. Eligibility

You must be at least 18 years of age and legally capable of entering into a binding agreement to use the Platform. By using the Platform, you represent and warrant that you meet these requirements.

If you are creating a law firm account, you represent and warrant that you are a licensed attorney in good standing with the bar of at least one U.S. jurisdiction and that you are authorized to bind the law firm to these Terms.

4. Accounts

You must create an account to use the Platform. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

Multi-factor authentication (MFA) is required for all accounts. You agree to enable and maintain MFA on your account.

4A. Individual Accounts ($50/month)

When you create an Individual account, you enter into a retainer agreement for vaulting services with a U.S.-licensed attorney assigned to your account through the Platform's attorney network. The retainer agreement is a separate agreement between you and your assigned attorney. The monthly fee of $50.00 covers Platform access and the retainer for vaulting review services. Substantive legal follow-up beyond basic vault review may be billed separately by your assigned attorney under a separate engagement letter.

4B. Law Firm Accounts ($250–$1,000+/month)

When you create a Law Firm account, you subscribe to the Platform to provide privilege-safe AI workspaces to your clients. You are responsible for inviting clients, reviewing their vaulted AI communications, and maintaining the attorney direction that establishes and preserves privilege. Your clients will sign the Platform's AI Use Agreement (click-through) when they create their accounts. You may also use your own engagement letter with AI addendum provisions (templates are provided). Pricing is based on your selected plan tier and the number of clients you invite.

5. Description of Services

The Platform enables Users to submit queries to AI language models, upload and store documents, receive AI-generated analysis, and communicate with their attorney — all within a secure, encrypted, auditable environment designed to preserve attorney-client privilege.

The Platform routes User queries through enterprise-grade AI provider APIs (not consumer-facing AI applications). The Platform does not itself provide AI inference services; it routes queries to third-party AI providers (Anthropic, OpenAI, Google, or self-hosted models selected by the User or their attorney) and manages the privilege-preservation infrastructure around those interactions.

6. AI Disclaimer

The AI models accessible through this Platform are computer programs. They are not lawyers. They are not licensed to practice law. They cannot form an attorney-client relationship with you.

All AI-generated outputs on the Platform are:

  • Computer-generated: Produced by machine learning models based on patterns in their training data, not by a human exercising professional judgment.
  • Not legal advice: AI analysis is informational only. It should not be treated as a legal opinion, legal recommendation, or professional counsel.
  • Potentially inaccurate: AI models can produce errors, omissions, outdated information, "hallucinations" (plausible-sounding but incorrect information), and analysis that does not account for facts known only to your attorney or relevant to your specific jurisdiction.
  • Subject to attorney review: All AI outputs are labeled as drafts and flagged for attorney review. You should not rely on any AI output until your attorney has reviewed it.

Every AI response on the Platform includes disclaimer headers and footers stating that the output is computer-generated, not legal advice, and requires attorney review. These disclaimers are integral to the Platform's design and may not be removed, disabled, or circumvented.

8. Attorney-Client Privilege

The Platform is architecturally designed to preserve attorney-client privilege over User AI communications by ensuring that all AI interactions occur at the direction of a licensed attorney, within a confidential system, with proper safeguards.

Evolving Area of Law: The application of attorney-client privilege to AI-assisted legal communications is new legal territory. While the Platform is designed to preserve privilege based on current legal standards — including the Kovel doctrine (United States v. Kovel, 296 F.2d 918, 2d Cir. 1961), ABA Model Rule 1.6(c), and the framework indicated by United States v. Heppner, No. 1:25-cr-00503 (S.D.N.Y. Feb. 2026) — no court has definitively ruled that this specific type of AI use is privileged in all circumstances.

Neither LitigationVault.ai, PatentVC | Trademarkia, nor any attorney assigned through the Platform can guarantee that attorney-client privilege will be upheld by any court. The Platform is designed to provide the strongest possible position for a privilege claim, but litigation outcomes are inherently uncertain.

To support privilege, Users agree to:

  • Not use public AI tools (including ChatGPT.com, claude.ai, gemini.google.com, or any other consumer AI service) for communications related to their legal matter.
  • Not share, copy, screenshot, or forward AI outputs from the Platform to anyone outside the Platform without attorney approval.
  • Not share account credentials with any other person.

Failure to comply with these requirements may compromise the privilege protections the Platform is designed to provide.

9. Third-Party AI Model Providers

The Platform routes User queries to third-party AI model providers, which may include:

  • Anthropic (Claude) — accessed via Enterprise API with zero data retention
  • OpenAI (ChatGPT) — accessed via Enterprise API with zero data retention
  • Google (Gemini) — accessed via Vertex AI with enterprise data processing agreements
  • Self-hosted models — deployed on Platform or customer infrastructure

These providers are accessed exclusively through enterprise-grade APIs with contractual confidentiality protections, including (where available) zero data retention (ZDR) agreements under which the provider does not store User inputs or outputs after processing and does not use User data for model training.

The Platform does not control these third-party providers and is not responsible for changes to their terms of service, API capabilities, pricing, or data handling practices. We will make commercially reasonable efforts to monitor provider terms and notify Users of material changes that could affect privilege protections.

You acknowledge that using cloud-based AI models involves transmitting your queries to the provider's servers for processing. If you or your attorney prefer to avoid any cloud transmission, a locally-hosted AI model option is available.

10. Data & Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Key data handling principles:

  • Encryption: All data is encrypted at rest (AES-256) and in transit (TLS 1.3 minimum).
  • No training: Your data is never used to train or improve any AI model — neither by the Platform nor by any third-party AI provider under our enterprise agreements.
  • Access controls: Your vaulted data is accessible only to you and your assigned or directing attorney.
  • Audit trail: All Platform activity generates an immutable, cryptographically-signed audit log.
  • Data residency: Data is stored in the United States unless otherwise specified in an enterprise agreement.

We do not sell, rent, or share your personal information or vaulted communications with third parties for marketing or advertising purposes.

11. Vaulting & Data Retention

"Vaulting" refers to the Platform's secure storage of your AI-assisted communications in an encrypted, auditable repository accessible to you and your attorney. Vaulted communications are retained for the duration of your account and for a reasonable period after account termination or cancellation, as set forth in the data retention policy.

Upon cancellation:

  • Your vaulted communications remain accessible to you and your attorney for a period of 90 days following cancellation.
  • You may request a full export of your vaulted data during this period.
  • After the 90-day period, your data will be securely deleted unless retention is required by law, court order, or your attorney's professional obligations.

12. Fees & Billing

The Platform charges subscription fees based on your selected plan:

  • Individual: $50.00 per month — includes Platform access and retainer for vaulting services with an assigned attorney.
  • Law Firm Standard: $250.00 per month — up to 20 clients.
  • Law Firm Scale: $1,000.00 per month — up to 500 clients.
  • Enterprise: Custom pricing as set forth in a separate enterprise agreement.

Fees are billed monthly in advance. All fees are non-refundable except as required by applicable law. We reserve the right to change pricing with 30 days' written notice. Price changes will take effect at the beginning of the next billing cycle following the notice period.

For Individual accounts: substantive legal follow-up by your assigned attorney beyond basic vault review may be billed separately by the attorney under a separate engagement letter. The Platform is not responsible for fees charged by your assigned attorney beyond the monthly subscription fee.

For Law Firm accounts: attorney review time tracked through the Platform is for the firm's internal billing purposes. The Platform syncs time data to practice management systems (e.g., Clio) at the firm's direction. The Platform does not determine, control, or collect fees charged by the firm to its clients.

13. Intellectual Property

The Platform, including its design, code, features, branding, the names "LitigationVault.ai" and "LitigationVault," documentation, and all related intellectual property, is owned by PatentVC | Trademarkia and protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of all content you submit to the Platform, including your queries, documents, and any information you provide. By using the Platform, you grant us a limited, non-exclusive license to process, store, encrypt, and display your content solely for the purpose of providing the Platform's services to you. We do not acquire any ownership interest in your content.

AI-generated outputs are produced by third-party AI models and may be subject to those providers' terms regarding output ownership. The Platform makes no claim of ownership over AI-generated outputs.

14. Acceptable Use

You agree not to:

  • Use the Platform for any unlawful purpose or in furtherance of illegal activity.
  • Attempt to circumvent, disable, or interfere with the Platform's security features, disclaimers, or privilege-preservation infrastructure.
  • Share your account credentials with any other person.
  • Submit content that is fraudulent, defamatory, obscene, or that infringes the rights of others.
  • Use automated systems (bots, scrapers) to access the Platform without written permission.
  • Reverse engineer, decompile, or disassemble any part of the Platform.
  • Remove, alter, or obscure any disclaimers, proprietary notices, or labels displayed by the Platform.
  • Represent or imply that AI-generated outputs from the Platform constitute legal advice.
  • Resell, sublicense, or provide access to the Platform to third parties except through the designated client invitation feature.

We reserve the right to suspend or terminate your account for violations of this section.

15. Termination

You may cancel your account at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial months.

We may suspend or terminate your account at any time for violation of these Terms, non-payment, or for any other reason with 30 days' notice, except that we may terminate immediately (without notice) for violations of Section 14 (Acceptable Use) or if required by law.

Upon termination, your vaulted data is handled as described in Section 11 (Vaulting & Data Retention).

16. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

  • The Platform will be uninterrupted, secure, or error-free.
  • AI-generated outputs will be accurate, complete, current, or reliable.
  • Attorney-client privilege will be upheld by any court in any jurisdiction.
  • The Platform will meet your specific legal or business requirements.
  • Any defects in the Platform will be corrected.

You assume all risk associated with your use of the Platform and any AI-generated outputs.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PatentVC | Trademarkia, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

18. Indemnification

You agree to indemnify, defend, and hold harmless PatentVC | Trademarkia, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

  • Your use of the Platform or any AI-generated outputs.
  • Your violation of these Terms.
  • Your violation of any applicable law or regulation.
  • Any claim that your use of the Platform or reliance on AI-generated outputs caused harm to you or any third party.
  • Your failure to comply with Section 8 (Attorney-Client Privilege) requirements.

19. Dispute Resolution — Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT ALSO CONTAINS A CLASS ACTION WAIVER.

19A. Agreement to Arbitrate

You and PatentVC | Trademarkia agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or your use of the Platform (including any claims against our officers, directors, employees, agents, or affiliates) shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court.

This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16) and shall survive termination of these Terms and your use of the Platform.

19B. Class Action Waiver

YOU AND THE COMPANY EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. All claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

19C. Arbitration Procedures

The arbitration shall be conducted by a single arbitrator in Santa Clara County, California, or at another location mutually agreed upon by the parties, or by telephone/video conference if agreed. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations.

Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that a claim was frivolous, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

19D. Your Right to Opt Out of Arbitration

⚠️ 30-Day Opt-Out Right

You have the right to opt out of this arbitration clause. To opt out, you must send written notice within 30 days of the date you first agree to these Terms (i.e., the date you create your account). Your opt-out notice must include:

  • Your full legal name
  • Your LitigationVault.ai username (if any)
  • Your mailing address, phone number, and email address
  • A clear statement that you wish to opt out of the arbitration clause in LitigationVault.ai's Terms of Service

Send your opt-out notice by mail to:

Trademarkia Legal Department 3000 Sand Hill Blvd Ste 3-245
Menlo Park, CA 94025

Or by email to: customer.service@trademarkia.com

If you opt out of arbitration, you and the Company agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for resolution of any disputes.

Opting out of arbitration will not affect any other provision of these Terms and will not result in any adverse action against your account.

19E. Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Claims within the jurisdiction of small claims court may also be brought in small claims court in lieu of arbitration.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Subject to Section 19 (Arbitration), any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to the personal jurisdiction of such courts.

21. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide at least 30 days' notice by email to the address associated with your account and/or by posting a prominent notice on the Platform. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms.

For changes that materially affect your rights under Section 19 (Arbitration), you will have a new 30-day opt-out period following notice of such changes.

22. Contact Information

If you have questions about these Terms, please contact us:

PatentVC | Trademarkia LitigationVault.ai Legal Department
3000 Sand Hill Blvd Ste 3-245
Menlo Park, CA 94025

Email: customer.service@trademarkia.com
Website: www.litigationvault.ai

Thank you for reading. We built LitigationVault.ai to solve a real problem — and we believe transparency about how it works, its limitations, and your rights is part of the solution. If you have questions, please reach out.