The following Terms of Service (“Terms”) define and govern the use of the software and services provided by PathClerk, LLC, including those offered by CaseDaemon (“Service”). The Terms constitute an agreement (“Agreement”) between PathClerk, LLC and the individual or entity who registers themselves as a user (“User”) of CaseDaemon, accepts the Terms, or avails themselves or utilizes the Service (regardless of whether they are an authorized user).
Acceptance of this Agreement is effective on the date that a customer (“Customer”) indicates “I Accept” as part of registering as a User of CaseDaemon or the first date of use of the Service, whichever is earlier. By accepting this agreement, User declares that they have read and understood the Terms and agree to be bound, either as an individual or or as the authorized agent of an organization, firm, corporation, LLC, or other legal entity. The Terms prohibit access or use of the Service by any individual under the age of 18.
2.1. “Account Administrator” means the User(s) designated and authorized by the Customer to represent the Organization, manage subscription settings, and activate or deactivate individual User access within the Customer’s account.
2.2. “Agreement” means the entire Terms of Service as well as the Privacy Policy and other included attachments and exhibits.
2.3. “AI Services” means the features and functionalities of the CaseDaemon Platform that utilize artificial intelligence, machine learning models, or Large Language Models (LLMs) to process User Data and generate Output.
2.4. “API” (Application Programming Interface) means the set of rules, protocols, and credentials provided by PathClerk, LLC to enable the integration of CaseDaemon’s legal intelligence solutions into external software applications or platforms.
2.5. “Authorized User” means any designated employee, partner, independent contractor, or representative of the Customer who has been granted unique credentials to access the Platform solely for the Customer’s internal professional purposes.
2.6. “CaseDaemon Platform” (or "Platform") refers to the proprietary software-as-a-service (SaaS) application, including web interfaces, browser extensions, and mobile applications, operated by PathClerk, LLC.
2.7. “Confidential Information” means all non-public, proprietary information disclosed by either party, including business plans, pricing, trade secrets, and specifically includes User Data and the technical documentation of the Platform.
2.8. “Customer” (or “You”) means the legal entity or individual professional that subscribes to the Services and enters into this Agreement with PathClerk, LLC.
2.9. “Documentation” means the user manuals, help center materials, and technical specifications provided by PathClerk, LLC regarding the functional use of the Platform.
2.10. “Input” means any text, prompts, documents, or data uploaded or submitted to the Platform by a User for the purpose of processing by AI Services.
2.11. “Intellectual Property Rights” means all worldwide rights in patents, copyrights, trademarks, trade secrets, and any other proprietary rights, including the underlying algorithms and source code of the Platform.
2.12. “Materials” refers to the primary and secondary legal content accessible through the Platform, including government regulations and policy manuals, case law, statutes, regulations, and secondary treatises sourced or licensed by PathClerk, LLC.
2.13. “Order Document” means the specific order form, online registration, statement of work, or order confirmation email accepted by the Customer that defines the subscription tier, fees, and the number of Authorized Users.
2.14. “Output” means the AI-generated text, summaries, predictions, draft documents, or analysis produced by the Platform in response to User Input.
2.15. “PathClerk” (or “We”) refers to PathClerk, LLC, and its designated Affiliates responsible for providing the Service.
2.16. “Third-Party LLM” means any external Large Language Model provider (such as Anthropic or similar) utilized by PathClerk to process User Data and generate Output.
2.17. “Usage Data” means aggregated, de-identified technical logs and analytics data regarding how Users interact with the Platform, used by PathClerk to improve system performance.
2.18. “User Data” (or “User Content”) means all information, files, and data submitted to the Platform by the Customer or its Users, including Inputs and the resulting Outputs.
CaseDaemon is a cloud-based productivity platform for immigration attorneys. The Service utilizes AI agents to complete client intakes, fill USCIS forms, communicate with clients, and evaluate the completeness of client matters based on available information and documents.
Subject to this Agreement and the applicable Order Document, PathClerk grants Customer a non-exclusive, non-transferable, revocable, and limited license to access and use the Platform solely for Customer’s internal professional purposes.
Customer and its Authorized Users shall not:
All Customers agree to bear responsibility for usage of the Service using Customer’s unique credentials by any Users (Authorized Users or unauthorized) under this Agreement. In the event that a User violates the Terms using a Customer’s unique credentials, PathClerk reserves the right to revoke Customer’s access to the Service.
Customer may request PathClerk reinstate access to the Service pursuant to Section 7 of the Agreement.
PathClerk reserves the right to temporarily suspend all or part of the Service or features of the Platform in order to:
PathClerk will notify Customers within a reasonable time of any modification which materially reduces the functionality of the Service. Customers consent to any modification by continued use of the Service after modification.
Notification of modifications which materially reduce functionality of the Service will be provided via the Platform, email, or other method deemed appropriate by PathClerk.
Customer grants PathClerk a non-exclusive, worldwide, sublicensable, royalty-free right to use, store, modify, provide, transmit, collect, and otherwise process Usage Data and User Data (including Confidential Information) for the sole purposes of providing the Service, providing additional services or products to the Customer, or exercising PathClerk’s rights and responsibilities under the terms of the Agreement and the Privacy Policy.
Customer acknowledges that Output generated by AI Services is probabilistic and machine-generated. AI may produce inaccurate or incomplete information.
The Service is a productivity tool and does not constitute legal advice. Customer maintains sole responsibility for:
PathClerk will not use Customer’s Confidential Information or User Data to train generalized Third-Party LLMs. This is affirmed in more detail and incorporated by reference in our Privacy Policy.
As between the parties, Customer retains all Intellectual Property Rights in User Data (including both Inputs and Outputs).
PathClerk shall maintain the confidentiality of User Data with a degree of care consistent with the sensitive nature of immigration law matters and attorney-client privilege requirements. This is supplemental and does not obviate or replace any Customer or User’s ethical obligations to their clients while using the Service.
PathClerk implements industry-standard administrative, technical, and physical safeguards, including encryption in transit and at rest. In the event of a Security Breach, PathClerk will notify Customer within 72 hours of discovery.
Customer authorizes PathClerk to use User Data and Usage Data in the provision of the Service (See Section 3.7.)
Customer further agrees that PathClerk will transmit Input (including User Data and Confidential Information) to Third Party LLMs as required to provide the Service. PathClerk will also retrieve Output from Third Party LLMs to provide to the Customer or other Authorized User for purposes authorized under the Terms.
User Data transmitted to Third Party LLMs will be encrypted in transit in accordance with industry standards to prevent any unauthorized access. Both the transmission of Inputs and the retrieval of Outputs performed as part of the Service will comply with our Privacy Policy and applicable data privacy and security laws.
PathClerk will only transmit User Data and Confidential Information to Third Party LLMs that promise Zero Data Retention (“ZDR”) in processing Customer’s data. This means that PathClerk will maintain agreements with the Third Party LLMs responsible for the provision of the Service that prohibit the storage of User Data and Confidential Information provided by Customer. For data processed as part of the Service, Inputs will be stored by the Third Party LLMs only long enough for them to generate an Output, then deleted.
User Data submitted via the Platform/Service will not be used by Third Party LLMs to train their AI models. PathClerk will ensure that any Third Party LLM utilized by the Service or Platform will prohibit any use of User Data for training, modifying, improving, or otherwise developing any AI models.
PathClerk reserves the right to monitor and store User Data internally in order to provide quality assurance for the Platform and Service. Inputs and Outputs may be accessed by PathClerk internally in order to:
User Data stored and monitored for this purpose will be deleted permanently once PathClerk has resolved its obligation to provide quality assurance. PathClerk will notify Customer if it needs to store or monitor User Data for more than 90 days for quality assurance purposes.
PathClerk retains the right to collect Usage Data for its own legitimate business purposes and to publish this Usage Data in any way that does not violate its obligations to the confidentiality and security of User Data. Usage data is anonymized and aggregated in order to protect the privacy and confidentiality of Customers and their Authorized Users. PathClerk uses industry standard practices to ensure that Usage Data is secure and will not be used to re-identify any Customer or User.
In addition to its definition at Section 2.17. of this Agreement, Usage Data can more specifically include:
Customer shall pay all fees specified in the Order Document. Fees are based on the subscription tier, annual or monthly payment agreement, and any other negotiated supplemental pricing agreement (e.g., discount pricing for 501(c)(3) entities). Failure to pay subscription fees within 30 days of the agreed upon date in the Order Document (including recurring annual and monthly subscription fee payments) will result in automatic suspension of access to the Service, with reinstatement subject to Section 7 of this Agreement.
Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.
Unless otherwise stated in an Order Document, all payment obligations are non-cancelable and fees paid are non-refundable. Any offer of refund of subscription fees contained within an Order Document are revocable by PathClerk in the event that a Customer has violated the Terms.
This does not preclude PathClerk, within its discretion, from offering any Customer a partial or full refund of subscription fees, including when that Customer is unsatisfied with the Service or Platform.
PathClerk uses industry standard payment processing providers that secure payment information (such as credit card numbers) both in transit and at rest. PathClerk integrates with third-party payment processors and does not store any Customer payment information on our Platform.
Subscription fees are subject to change, and affected Customers will be notified by email or via the Platform of any changes in fees. We will only notify those Customers whose subscription fees will be modified to something other than what is reflected in their Order Document. Continued use of the Service following any modification constitutes Subscriber’s acceptance of the modification.
This Agreement commences on the Effective Date and continues for the period specified in the Order Document.
Subscriptions automatically renew for successive terms of equal length unless either party provides written notice of non-renewal at least 24 hours prior to the end of the current term.
Upon termination, PathClerk will provide Customer a period of 30 days to retrieve User Data. After this period, PathClerk shall have no obligation to maintain User Data and may delete it.
PathClerk reserves the right in its sole discretion to reinstate terminated or suspended access to the Service. This includes, but is not limited to, termination or suspension of access due to:
Subscription to the Service may be cancelled at any time, and the effective date of cancellation will be set to the end of the next period specified in the Order Document. For example, a monthly subscription with a billing cycle date on September 2 that is cancelled on September 5 will have its effective date of cancellation on October 2. If a Customer sets a monthly subscription with a billing cycle date of January 31, the effective cancellation date will fall on the last day of the month closest to the billing cycle date, so February 28 (or February 29 in a leap year), then March 31, April 30, and so on. In the event that an annual subscription is set to bill on February 29 on a leap year, the end of the billing cycle will be set to February 27 of each non-leap year, and February 28 for each leap year.
The Order Document will contain the dates for the effective billing cycle for annual subscribers and monthly subscribers.
To the maximum extent permitted by law, PathClerk’s total aggregate liability shall not exceed the amount paid by Customer in the 12 months immediately preceding the event giving rise to the claim. PathClerk will not be held liable for any direct or indirect, consequential, punitive, exemplary, incidental, or special damages related to the use of the Service or the Platform.
The Service is provided “as is.” PathClerk disclaims all warranties, express or implied, including the accuracy of USCIS Form completion. PathClerk is not responsible for any actions resulting from any User’s use of the Service or the Platform.
The Customer acknowledges and agrees that PathClerk has based its pricing on and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties and damages in this Section 8, and that such terms form an essential basis of the bargain between the parties.
Customer shall defend, indemnify and hold PathClerk harmless against any claims arising from:
In these cases, Customer will indemnify and hold harmless PathClerk from and against any damages, losses, liabilities, expenses, and costs awarded against them, or agreed in settlement by Customer.
PathClerk will defend Customer from any third party claim, action, or proceeding arising out of any allegation that:
In these cases, PathClerk will indemnify and hold harmless Customer from and against any damages, losses, liabilities, expenses, and costs awarded against them, or agreed in settlement by PathClerk.
Customer and PathClerk will defend, hold harmless, and indemnify each other against any third party claim, suit, or proceeding arising out of or relating to:
This Agreement and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in California, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
PathClerk will endeavor to protect User Data and Usage Data to the maximum extent that the law allows. This does not prohibit PathClerk from providing User Data or Usage Data in response to a legal request by a third party which requires such provision of data (such as a court order or subpoena).
In the event that PathClerk is required to comply with such a request to provide User Data or Usage Data to a third party, PathClerk will notify (to the extent allowed by law) the affected Customer so that they may seek appropriate legal relief or protection. PathClerk, to the extent allowed by law, will only disclose to third parties that portion of User Data or Usage Data that is required by law and not anything additional.