firstcase Terms of Service

These Terms of Service ("Terms") are a binding agreement between you ("Client," "you," or "your") and LexTone Communications LLC, a New Mexico limited liability company doing business as firstcase ("firstcase," "we," "us," or "our"). These Terms govern your access to and use of the firstcase AI receptionist and legal intake platform, including the AI voice agent, dashboard, integrations, and related services (collectively, the "Platform").

By creating an account, subscribing to a plan, clicking to accept, or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

If you accept these Terms on behalf of a law firm or other entity, you represent that you are authorized to bind that entity, and "Client" refers to that entity.

1. The Service

firstcase provides an AI-powered voice receptionist and legal intake platform that, depending on your plan and configuration:

• Answers inbound calls placed to a phone number you designate
• Collects caller information and details about the caller's matter
• Routes calls and sends notifications to you and your designated staff
• Generates call transcripts, recordings, and AI-generated summaries
• Sends SMS and email notifications containing caller information, summaries, and secure links to transcripts and recordings
• Offers consultation scheduling and integration with calendar and CRM software you connect

The Platform is a software service. It is not a law firm, does not provide legal advice or legal services, and does not create an attorney-client relationship between you and firstcase or between any caller and firstcase. The Platform is configured through system instructions to perform intake and call handling. It is not a substitute for a licensed attorney, for legal representation, or for a human receptionist.

The Platform is not a telephone carrier, telecommunications service, or replacement for a traditional telephone line, and it does not support emergency (911) calls or other emergency services. You are responsible for maintaining separate means to place and receive emergency calls.

2. Eligibility and Account Registration

The Platform is intended for licensed attorneys, law firms, and their authorized representatives. By registering you represent that:

• You are a licensed attorney, law firm, or an authorized representative of a legal practice
• You are authorized to enter into contracts on behalf of your firm
• The information you provide is accurate and complete and will be kept current
• You will safeguard your account credentials and are responsible for all activity under your account
• You will notify us promptly at hello@firstcase.ai of any unauthorized access

You are responsible for all use of the Platform by your personnel and anyone you authorize.

3. Subscriptions, Fees, and Billing

3.1 Plans and Pricing

The Platform is offered under the subscription plans and at the prices shown in the order or sign-up flow you complete (your "Order"). The plan, price, billing cycle, and any usage limits set out in your Order in effect when you subscribe control. We may introduce, modify, or discontinue plans and features.

3.2 Usage Limits and Fair Use

Plans may include a monthly usage allowance (for example, a cap on call minutes). Where a plan is described as offering "unlimited" minutes or usage, "unlimited" refers to ordinary, good-faith use by a single law firm for its own legitimate intake and client communication. It does not include automated, fraudulent, resold, or abnormally high-volume use, or use that materially exceeds typical usage for comparable firms. We reserve the right to monitor usage and, on notice, to apply reasonable overage charges, throttle, or require an upgraded plan where usage is inconsistent with fair use.

3.3 Free Trials

We may offer a free trial as described at sign-up. A valid payment method may be required to start a trial. Unless you cancel before the trial ends, you authorize us to charge the applicable subscription fee when the trial ends.

3.4 Billing and Taxes

Subscriptions are billed in advance on the cycle stated in your Order. Fees are stated exclusive of taxes; you are responsible for all applicable sales, use, and similar taxes other than taxes on our net income. Except as expressly stated in these Terms or required by law, all fees are non-refundable, and no credits are issued for partial periods or unused allowances.

3.5 Price Changes

We may change pricing on at least 30 days' notice to you, with changes taking effect at your next renewal.

3.6 Cancellation

You may cancel at any time. Cancellation takes effect at the end of the current billing period, and you retain access to paid features through the end of the period you have paid for. We do not provide refunds for the period in which you cancel.

3.7 Grace Period and Suspension for Non-Payment

If a payment fails, we will provide a grace period of approximately three (3) days during which your AI agent may remain active. If payment is not restored within that period, we may pause your agent, and inbound calls may not be answered until payment is restored. We are not responsible for calls not answered during any suspension for non-payment.

4. Acceptable Use

4.1 Permitted Use

You may use the Platform solely to answer inbound calls to your firm's designated number, collect intake information from prospective clients on your firm's behalf, and manage related intake workflows for your legal practice.

4.2 Prohibited Use

You may not, and may not permit any third party to:

• Use the Platform in violation of any law or any rule of professional conduct applicable to you
• Misrepresent the AI agent as a human in a deceptive manner, or use the Platform in any deceptive or misleading way
• Use the Platform for any purpose other than legitimate legal intake and client communication
• Transmit, store, or process Protected Health Information except as permitted under Section 5.5
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Platform, except to the extent this restriction is prohibited by law
• Resell, sublicense, rent, or provide the Platform to third parties, or use it as a service bureau for non-clients
• Circumvent or attempt to circumvent any security or access control, or access another customer's data
• Use the Platform to harass, threaten, defraud, or harm any person, or to transmit unlawful, infringing, or malicious content
• Introduce malware or interfere with the integrity or performance of the Platform

We may investigate suspected violations and may suspend access as described in Section 11.

5. Your Compliance Responsibilities

You acknowledge that you control how the Platform is configured and used in your practice, and that you, not firstcase, are responsible for the following. You agree to indemnify firstcase for claims arising from your failure to meet these responsibilities, as set out in Section 13.

5.1 Rules of Professional Conduct

You are solely responsible for ensuring your use of the Platform complies with your jurisdiction's rules of professional conduct, including rules on communications with prospective clients, confidentiality, advertising, fee arrangements, supervision of non-lawyer assistance, and any obligation to disclose the use of AI. We make no representation that the Platform complies with the rules of any particular bar or jurisdiction.

5.2 Call Recording and Two-Party Consent

Call recording laws vary by state. You are responsible for determining whether recording is permitted for a given call, for configuring the Platform's recording and disclosure settings accordingly, and for obtaining any consent the law requires from callers. We provide configurable disclosure and consent features, but you are responsible for their correct use and for compliance with all applicable recording laws.

5.3 SMS, Calls, and TCPA Compliance

You are responsible for ensuring that any SMS messages or calls sent through the Platform to your callers comply with the Telephone Consumer Protection Act, state telemarketing and consent laws, and applicable carrier requirements, including obtaining any required consent from your callers and honoring opt-out requests. You designate the recipients of attorney and staff notifications and are responsible for their authority to receive caller information.

5.4 Disclosures to Callers and Lawful Basis

You are responsible for providing callers any disclosures required by law about AI-assisted call handling and recording, and for having a lawful basis to collect and process caller information.

5.5 No Protected Health Information; No HIPAA Business Associate Relationship

The Platform is not designed or intended to receive, store, or process Protected Health Information ("PHI") as defined under HIPAA. firstcase is not a HIPAA Business Associate and does not enter into Business Associate Agreements through these Terms. You must not configure the Platform or your intake scripts to collect PHI, and you are responsible for instructing callers and staff accordingly. If your practice requires processing of PHI, contact us before doing so; absent a separately signed Business Associate Agreement, you must not transmit PHI through the Platform, and you assume all risk and liability for any PHI you transmit.

6. Data, Confidentiality, and Privacy

6.1 Ownership of Caller Data

As between you and firstcase, Caller Data (information collected during or in connection with calls handled on your behalf, including caller name, phone number, matter details, transcripts, recordings, and AI-generated summaries) belongs to you. We process Caller Data as a processor acting on your instructions, as further described in our Data Processing Addendum, which is incorporated into these Terms.

6.2 Our Use of Caller Data

We use Caller Data only to provide and support the Platform for you, as described in our Privacy Policy and Data Processing Addendum. We do not sell Caller Data, and we do not share it with third parties for advertising or marketing.

6.3 No Training of Foundation Models on Identifiable Caller Data

We do not use identifiable Caller Data, call transcripts, or call recordings to train, fine-tune, or develop foundation or general-purpose AI models, whether our own or a third party's. We may use aggregated and de-identified data that does not identify any caller, Client, or call to operate, secure, analyze, and improve the Platform. We will not use your identifiable Caller Data for any other purpose without your separate written consent.

6.4 Your Confidentiality Obligations

You are responsible for designating appropriate recipients of notifications and for ensuring those recipients maintain confidentiality. SMS and email are inherently less secure than the encrypted Platform dashboard, and you acknowledge that risk when you enable notifications that include caller information.

6.5 Privilege

We recognize that pre-representation communications captured through the Platform may be subject to attorney-client privilege depending on jurisdiction and circumstances. We will not voluntarily disclose such communications except as required to provide the Platform or as required by law, and we will reasonably cooperate with your efforts to preserve or assert privilege. You remain responsible for your own privilege determinations.

7. Intake Quality and Compliance Commitment

7.1 Design

The Platform is configured through system instructions intended to prevent the AI agent from providing legal advice. As designed, the agent collects information, schedules consultations, and routes calls. It is instructed not to: tell a caller what legal action to take or not take; interpret or apply laws, statutes, or regulations; predict the outcome of a matter; recommend legal strategies; advise on whether to accept a settlement or offer; or represent that it is an attorney. General information, such as describing what a consultation involves or the firm's practice areas, is not legal advice.

7.2 Service Credit (Sole and Exclusive Remedy)

If a recording or transcript shows that the AI agent provided what reasonably constitutes legal advice as described above, and the cause was a defect in the Platform rather than your configuration of intake prompts or scripts, we will, on timely request, credit your account with one (1) month of your then-current subscription fee. To claim, email hello@firstcase.ai with the call ID or timestamp and a brief description within thirty (30) days of the call; we will review within a reasonable time, generally five (5) business days.

7.3 Not a Warranty

This service credit is your sole and exclusive remedy, and our entire liability, for any instance in which the AI agent provides or is alleged to provide legal advice. Section 7 is a service commitment, not a warranty or guarantee that the agent will never provide legal advice, and not a representation that your use of the Platform complies with any rule against the unauthorized practice of law. You remain solely responsible for compliance with applicable professional-conduct rules.

8. Intellectual Property

The Platform, including all software, models, interfaces, designs, and documentation, and all intellectual property rights in it, is and remains owned by firstcase and its licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform during your subscription, and transfer no ownership in the Platform to you.

You retain ownership of your firm's data, configurations, and custom intake scripts. You grant us a non-exclusive license to host, process, and use that material as needed to provide and support the Platform.

If you provide feedback, suggestions, or ideas about the Platform, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

9. Beta and Early-Access Features; Service Availability

9.1 Beta Features

We may make features available on a beta, preview, or early-access basis. Such features are provided "as is," may be changed or withdrawn at any time, are not covered by any service commitment, and are excluded from any uptime or support obligation.

9.2 No Uptime Guarantee

Except as set out in a separate written service level agreement signed by us, we provide no guarantee of uptime, availability, or response time. We may perform maintenance, and we may modify, suspend, or discontinue features.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRSTCASE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (a) THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (b) AI-GENERATED TRANSCRIPTS, SUMMARIES, SCORES, OR OTHER OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE IN EVERY CASE; (c) THE PLATFORM WILL CAPTURE, ANSWER, OR CORRECTLY ROUTE EVERY INBOUND CALL UNDER ALL NETWORK OR CARRIER CONDITIONS; OR (d) THE PLATFORM WILL MEET ANY LEGAL OR PROFESSIONAL-CONDUCT REQUIREMENT APPLICABLE TO YOU. You are responsible for reviewing Platform outputs before relying on them.

11. Suspension and Termination

We may suspend or terminate your access immediately for violation of Section 4 (Acceptable Use), for non-payment, for use that creates risk or liability for firstcase or others, or as required by law. Either party may terminate for material breach on 30 days' written notice if the breach is not cured within that period. Either party may terminate for convenience as permitted by your plan.

On termination, your right to access the Platform ends. We will retain your data for the post-termination period described in our Privacy Policy and Data Processing Addendum to allow export, after which it is deleted except where retention is required by law. Sections that by their nature should survive (including Sections 3.4, 6, 7.3, 8, 10, 12, 13, 14, 15, and 16) survive termination.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST CLIENTS OR BUSINESS, LOST OR INACCURATE DATA, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(b) FIRSTCASE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE FEES YOU PAID TO FIRSTCASE IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS (US$100).

(c) YOU ACKNOWLEDGE THAT MISSED OR UNANSWERED CALLS, INACCURATE OR INCOMPLETE OUTPUTS, AND PLATFORM DOWNTIME MAY RESULT IN MISSED OPPORTUNITIES, AND THAT THE LIMITS IN THIS SECTION APPLY TO ALL SUCH EVENTS.

(d) THE LIMITS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN AND APPLY REGARDLESS OF THE THEORY OF LIABILITY. Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions our liability is limited to the maximum extent permitted.

(e) ANY CLAIM ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS REQUIRED BY LAW.

13. Indemnification

You will defend, indemnify, and hold harmless firstcase and its members, officers, employees, and agents from and against any third-party claim, and any resulting losses, damages, liabilities, and reasonable attorneys' fees, arising out of or related to: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any rule of professional conduct, recording or consent law, the TCPA, HIPAA, or other law; (d) your configuration of intake prompts, scripts, or settings; (e) any claim by a caller, client, or other person relating to your use of the Platform, including claims about recording, notification, privacy, or the handling of their information; or (f) any PHI you transmit through the Platform. We will notify you of the claim, give you control of the defense (subject to our right to participate with our own counsel), and reasonably cooperate; you may not settle a claim in a way that imposes obligations on us without our consent.

14. Dispute Resolution; Arbitration; Class Waiver

14.1 Informal Resolution

Before starting an arbitration, the parties will try in good faith to resolve any dispute by sending a written notice describing the dispute and attempting to resolve it for at least thirty (30) days.

14.2 Binding Arbitration

Except as stated in Section 14.4, any dispute arising out of or relating to these Terms or the Platform will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in English and seated in Bernalillo County, New Mexico, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class Action and Jury Waiver

Disputes will be arbitrated only on an individual basis. The parties waive any right to bring or participate in any class, collective, consolidated, or representative action, and waive any right to a trial by jury. The arbitrator may not consolidate more than one party's claims or preside over any form of class or representative proceeding.

14.4 Exceptions

Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information or to prevent irreparable harm, without waiving arbitration of other claims.

15. Governing Law

These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-law principles, and, where applicable, the Federal Arbitration Act governs the interpretation and enforcement of Section 14.

16. Changes to These Terms

We may update these Terms. For material changes, we will notify you by email or in-product at least thirty (30) days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance. If you do not agree, you may cancel before the change takes effect.

17. General

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, financing, or sale of assets. These Terms bind permitted successors and assigns.

Force Majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, outages of carriers, telecommunications, internet, cloud, or third-party providers, labor disputes, or governmental action.

No Third-Party Beneficiaries. These Terms are for the benefit of the parties only. No caller, client, or other third party has any right to enforce these Terms.

Independent Contractors. The parties are independent contractors. These Terms create no partnership, agency (except that firstcase acts as your data processor as described), joint venture, or employment relationship.

Severability; Waiver. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary, and the remainder stays in effect. A failure to enforce a provision is not a waiver.

Entire Agreement. These Terms, together with your Order, the Privacy Policy, and the Data Processing Addendum, are the entire agreement between the parties on this subject and supersede all prior agreements. In a conflict, the Data Processing Addendum controls on data-protection matters, your Order controls on commercial terms, and these Terms control otherwise.

Notices. We may provide notices to you by email or in-product. You must send legal notices to legal@firstcase.ai and, if a mailing address is required, to LexTone Communications LLC, 1209 Mountain Road Pl NE, Albuquerque, NM 87110.

Headings. Headings are for convenience and do not affect interpretation.

18. Contact