Terms of Service

1. Agreement and acceptance

1.1 The parties and the Services

These Terms of Service (the "Terms") are a contract between Advocate AI Tech Inc., a company based in California, USA ("Advocate", "we", or "us"), and the person or organization that accepts them ("Customer" or "you"). They govern access to and use of Advocate’s websites, workspace, and related services (the "Services"). The workspace is at attorneys.theadvocate.ai.

The Services are an AI workspace for trial lawyers. Customers upload case records, such as discovery, police reports, body-worn camera and other video, audio, transcripts, filings, exhibits, and medical and psychiatric records. AI features then produce case summaries, charges broken into elements quoted from model jury instructions, evidence that supports or undermines each element with citations to the record, available defenses, timelines and current posture, a map of the people and entities in the record with per-person dossiers that can be exported to PDF, and video analysis (key moments, transcripts, and multi-camera sync). A feature called Live Hearing transcribes live hearing or deposition audio in real time and flags testimony that appears to contradict the case record. Section 6 governs Live Hearing.

1.2 How you accept

You accept these Terms by clicking or checking the acceptance control presented when you create an account. An individual invited to an existing account as an Authorized User accepts them the same way when first signing in. Section 19 and Schedules A, B, and C form part of these Terms and are accepted with them. If you do not agree, do not accept and do not use the Services.

A person who only visits the public website and does not create an account has not accepted these Terms. The Privacy Policy explains how Advocate handles website data.

When an Authorized User accepts, the Customer remains the organization or person that holds the account, as determined under section 2.2. The Authorized User agrees to follow the rules of conduct in these Terms, including sections 2.3, 6, 7, and 8.

1.3 Documents that make up the agreement

• Customer data processing and security. Section 19 and Schedules A, B, and C are integrated into these Terms and govern Customer Personal Data. A countersigned copy of these Terms is available on request at info@theadvocate.ai.
• Privacy Policy. The Privacy Policy, at theadvocate.ai/privacy, describes how Advocate handles Account Data and website data as a controller. It is a notice, not a contract. It gives Advocate no rights over Customer Content.
• Signed order form or agreement. If you and Advocate sign an order form or other agreement, it controls where it conflicts with these Terms.

Section 18.1 states the full order of precedence. It is always subject to Commitment G in section 4: where a provision conflicts with the Content Commitments, the provision more protective of Customer Content controls.

1.4 Definitions

• "Advocate", "we", "us" means Advocate AI Tech Inc.
• "Customer" or "you" means the person or organization that accepts the Terms. "Authorized Users" means individuals Customer permits to use its account.
• "Services" means Advocate’s websites, workspace, and related services.
• "Customer Content" means all materials that Customer or its Authorized Users submit to, record with, stream through, or import into the Services, in any format (documents, images, video, audio, live audio streams, transcripts, prompts, messages, notes, and metadata such as matter, file, and party names), together with all Derived Content.
• "Derived Content" means everything the Services generate from Customer Content, including transcripts, summaries, analyses, element and evidence mappings, timelines, entity maps and dossiers, flags, extracted frames and clips, indexes, embeddings, caches, and the portions of prompts and model outputs that contain Customer Content.
• "Outputs" means Derived Content presented to Customer.
• "Customer Personal Data" means personal data contained in Customer Content that Advocate processes on Customer’s behalf.
• "Account Data" means registration, contact, billing, support, and usage data about Customer and Authorized Users for which Advocate is the controller.
• "Subprocessor" means a third party engaged by Advocate that processes Customer Content.
• "Security Incident" means a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Content in the custody of Advocate or its Subprocessors.
• "Applicable Data Protection Law" means privacy and data-protection law that applies to the processing of Customer Personal Data under these Terms.

Rules addressed to "you" apply to Customer and to each of its Authorized Users.

1.5 Where to find the main commitments

• Whether your case files are used to train AI, who at Advocate can see them, and how service providers process them: section 4.
• Confidentiality, privilege, subpoenas and other legal demands, and Security Incident notice: section 5.
• Recording and transcribing live proceedings: section 6.
• Export and deletion, with time limits: section 11.
• The processing description, processing by product and service function, and security measures: section 19 and Schedules A, B, and C.

2. Eligibility, authority, accounts

2.1 Who may use the Services

The Services are for licensed attorneys, law firms, public defender and other government law offices, legal aid organizations, and the staff, experts, and investigators working under an attorney’s supervision. The Services are not offered to the general public or for personal or household use. You must be at least 18 years old and legally able to enter into this agreement.

The age requirement concerns who may hold an account. It does not restrict lawfully submitted Customer Content that depicts or identifies minors, including children under 13. Advocate processes that content on Customer’s instructions under these Terms, and does not delete lawful case evidence merely because it includes a minor.

2.2 Authority, and who the Customer is

If you use the Services for the matters of your employer, firm, or office, you represent that you are authorized to do so under its policies.

• If you have authority to bind the organization, the organization is the Customer, and you accept these Terms on its behalf.
• If you do not have that authority, you are the Customer individually. You are responsible for having the organization’s permission to place its client materials in the Services. The organization may later assume the account, including its Customer Content, by agreement with Advocate.

2.3 Account security

Provide accurate account information and keep it current. Protect your login credentials and do not share them. Notify Advocate promptly at info@theadvocate.ai if you suspect unauthorized access to your account. Customer is responsible for its Authorized Users and for their compliance with these Terms.

2.4 Organization accounts

In an organization account, the organization’s administrator controls membership, matter-level permissions, and the removal of departing users. Customer is responsible for configuring access so that it honors ethical screens and any other restriction on who within the organization may see a matter.

Content in an organization account belongs to the organization’s account, not to the individual user who uploaded it. If a dispute arises between an organization and one of its users, Advocate acts on the administrator’s instructions unless a court orders otherwise.

Share content only with people authorized to receive it. Review access permissions before you invite collaborators or export content.

If an individual Customer dies or becomes unable to practice, Advocate will act only on instructions from a person who documents legal authority over the practice or its files, such as a successor or court-appointed attorney.

3. Customer Content: ownership, license, Outputs

3.1 What Customer Content covers

Customer Content is defined in section 1.4. It covers every format and every feature. Video, together with its audio, is expressly included, as are audio-only files, Live Hearing audio, and everything the Services derive from any of them.

3.2 Ownership

You and the relevant rights holders keep all rights in Customer Content. These Terms do not transfer ownership of Customer Content to Advocate, and Advocate acquires no independent right or interest in it. Advocate holds Customer Content for Customer. It is not an Advocate asset.

3.3 Limited license

You grant Advocate a nonexclusive, limited license to host, store, reproduce, transmit, process, analyze, and display Customer Content only as necessary to provide the Services to you, carry out your instructions, and provide support specifically authorized under Commitment D, within the limits of section 4. Advocate may extend this permission to Subprocessors only as necessary to perform those functions for Advocate.

This license does not authorize Advocate to use Customer Content for advertising, to train or improve any model, or to exploit it independently in any way. The license ends when processing is no longer needed for the purposes above, subject to the export and deletion periods in section 11 and any preservation the law requires.

3.4 Your responsibilities for Customer Content

You represent that you have the rights and lawful authority needed to submit Customer Content and to authorize the processing described in these Terms. You are responsible for any recording notices, consents, court permissions, and other authorizations required by applicable law, court rules, protective orders, confidentiality duties, or third-party rights. A recording’s availability online or in a public record does not by itself establish unrestricted permission to use it.

You remain responsible for deciding whether the Services are appropriate for privileged, sealed, confidential, or otherwise restricted materials. Section 19.7, "Regulated data positions", states Advocate’s position on protected health information, substance-use treatment records, state-protected records, and criminal justice information. Read it before you upload those categories.

3.5 Outputs

As between you and Advocate, you keep any rights you have in Outputs. To the extent Advocate acquires transferable rights in Outputs, Advocate assigns those rights to you.

This does not transfer rights in the underlying Services or in third-party materials (see section 7.3). It does not guarantee that Outputs are protected by copyright, and it does not guarantee that Outputs are unique. Another customer may independently receive similar Outputs from its own similar inputs. That reflects how the models work. It does not mean your Customer Content was used for another customer, which Commitment C in section 4 prohibits.

4. Content Commitments

This section states Advocate’s core commitments about Customer Content (the "Content Commitments"). They apply to all Customer Content in every feature of the Services, including documents, medical and psychiatric records, video, audio-only files, Live Hearing audio, prompts, and all Derived Content. They also govern the processing described in section 19 and the Schedules, and the Privacy Policy summarizes them.

4.1 Commitment A: No training

Advocate does not use Customer Content to train or otherwise improve any AI or machine-learning model, whether its own or a third party’s. Advocate contractually prohibits its Subprocessors from doing so.

This commitment covers all Customer Content, including copies, de-identified or aggregated derivatives, and Derived Content. Advocate does not create de-identified or aggregate datasets from Customer Content for its own purposes.

Service metrics that contain no Customer Content (for example feature-usage counts, latency, and error rates) are Account Data, not Customer Content.

The license in section 3.3, the feedback license in section 10.2, and any general reference in any document to improving, securing, or enforcing the Services do not grant permission to use Customer Content for model training.

4.2 Commitment B: No use beyond the Services

Advocate uses Customer Content only to provide the Services to that Customer, follow its instructions, provide support specifically authorized under Commitment D, and meet the legal obligations described in these Terms. Advocate does not use Customer Content for advertising. Advocate does not sell Customer Content.

4.3 Commitment C: Isolation between customers

Customer Content is logically separated by customer organization. One customer’s Customer Content is never used to generate Outputs for another customer and is never made available to another customer.

Advocate may serve parties who are adverse to one another, including in the same matter. Advocate does not disclose to any customer whether another person or organization uses the Services, and no customer’s content informs another customer’s Outputs.

4.4 Commitment D: Limited human access

Advocate personnel, meaning Advocate’s employees and contractors acting on its behalf, do not view Customer Content on their own initiative. That includes viewing for content moderation, quality review, analytics, or sales.

Advocate personnel may access Customer Content only in these two circumstances:

• Support you request. Only after Customer specifically requests and authorizes viewing of identified Customer Content to investigate and resolve an identified support issue or bug, and only to the extent necessary for that issue. Advocate records the issue, the authorized material, the authorization, and the resulting access. Access ends when the task is complete or the authorization is withdrawn.
• Legal requirement. When required by law, as described in section 5.3 (legal demands) and section 8.3 (a statutory reporting duty).

An ordinary upload, a request for automated analysis, a general support inquiry, or a bug report does not authorize personnel to view Customer Content. For an organization, authorization must come from its administrator or a person it authorizes. Automated processing needed to provide the features is distinct from viewing by Advocate personnel. Security or operational work does not create an additional permission to view Customer Content.

On request, Advocate will tell Customer what access to its Customer Content occurred under this Commitment D, unless the law prohibits that disclosure.

Some Advocate personnel are licensed attorneys. Advocate personnel do not provide legal services through the Services. They do not access Customer Content except as this Commitment D permits. They will not use any information learned through permitted access for any purpose other than the task that justified the access, including in any legal matter.

4.5 Commitment E: Processing by product and no training

Generative AI inference uses enterprise models through a managed cloud AI platform under enterprise terms. Those terms prohibit the cloud AI provider from using Customer Content to train or fine-tune AI or machine-learning models without Advocate’s prior permission or instruction. Advocate does not and will not give that permission or instruction. Live Hearing transcription uses a real-time speech-to-text service; search and retrieval use text-embedding and database services. The Content Commitments apply to all Customer Content across these services, including documents, images, video, audio, Live Hearing audio, prompts, Outputs, and Derived Content. Schedule B of these Terms describes processing by product and service function.

Use of a Subprocessor does not reduce Advocate’s obligations under these Terms. The parties intend this confidential service-provider relationship to preserve privilege and work-product protection; section 5.2 governs that relationship.

4.6 Commitment F: Non-retroactivity

No later change to these Terms or the Privacy Policy reduces the Content Commitments for Customer Content submitted before the change, unless Customer expressly agrees.

4.7 Commitment G: Precedence

If any general provision in these Terms or the Privacy Policy conflicts with the Content Commitments, the provision more protective of Customer Content controls.

5. Confidentiality, privilege, legal demands, Security Incidents

5.1 Confidentiality

Advocate will hold all Customer Content in confidence, whether or not any item is publicly available elsewhere. This duty also covers the identity of Customer’s clients and matters, and the fact that Customer uses the Services. Advocate will protect Customer Content with at least the care that a prudent provider of services to law firms would use, and will use and disclose it only as these Terms permit.

Advocate discloses Customer Content only to:

• Customer’s Authorized Users and the collaborators and recipients Customer authorizes;
• Subprocessors that need it to perform their function for Advocate, under the written terms described in section 19.4;
• a requester to whom disclosure is legally compelled, after following section 5.3; and
• the recipient of a report that section 8.3 requires by statute, limited to what the statute requires.

Advocate restricts access to persons who need it for permitted processing and who are bound by written confidentiality obligations. Access by Advocate personnel remains further limited by Commitment D. Advocate will ensure that any personnel permitted to access Customer Content under Commitment D are bound by written confidentiality obligations.

5.2 Privilege and work product

Advocate provides the Services as a vendor assisting Customer in rendering legal services. Its role is comparable to that of a litigation support or e-discovery provider that a lawyer supervises under ABA Model Rule 5.3 and its state counterparts. Customer discloses Customer Content to Advocate in confidence, and only because that disclosure is reasonably necessary to accomplish the purpose for which the lawyer was consulted (compare Cal. Evid. Code sections 912(d) and 952).

Neither party intends submission of Customer Content to the Services to waive the attorney-client privilege, work-product protection, or any other protection. Advocate will not take a position inconsistent with those protections. On request, Advocate will sign a reasonable acknowledgment of a protective order as Customer’s litigation support vendor, where its terms are consistent with how the Services operate.

No one can guarantee how a court or other authority will rule on a particular claim of privilege or protection, and Advocate does not.

5.3 Legal demands

This procedure applies to any subpoena, warrant, court order, investigative demand, or similar request for Customer Content, from a government body or a private party.

• No voluntary disclosure. Advocate never voluntarily discloses Customer Content to law enforcement, prosecutors, an adverse party, or any other third party not authorized under section 5.1. Advocate rejects informal requests.
• Valid process required. Advocate requires valid and binding legal process. For the contents of Customer Content, Advocate insists on a search warrant or court order wherever the law allows Advocate to insist.
• Redirect to Customer first. Where lawful, Advocate first directs the requester to Customer, and tells the requester that the material is held on behalf of counsel and may be privileged or protected work product.
• Notice before disclosure. Unless legally prohibited, Advocate notifies Customer promptly and before any disclosure, provides a copy of the demand, and gives Customer a reasonable opportunity to seek a protective order or other relief. Advocate does not produce earlier than the law requires.
• If notice is prohibited. Advocate will challenge or seek to narrow the nondisclosure order where there are reasonable grounds to do so, and will notify Customer without undue delay when the prohibition ends.
• Review and challenge. Advocate assesses the validity and scope of each demand and uses reasonable efforts to challenge a demand it reasonably considers unlawful or overbroad.
• Minimum disclosure. If disclosure cannot be avoided, Advocate discloses only the minimum legally required. Where available, Advocate asks that the material be handled in a way that protects privilege, such as under seal or through a filter team or special master.
• Preservation requests. Advocate treats a preservation request or litigation hold aimed at Customer Content the same way. Advocate preserves what the law requires, discloses nothing, and notifies Customer as described above.
• Cooperation. Where lawful, Advocate reasonably cooperates with Customer’s efforts to protect confidential or privileged material.

Costs. Advocate performs the steps above using reasonable efforts at its own expense. If Customer asks Advocate to pursue a challenge beyond what Advocate considers reasonable, Advocate may condition doing so on Customer bearing the reasonable cost. If Advocate personnel are compelled to testify or produce records about Customer’s use of the Services in Customer’s matter, Customer will reimburse Advocate’s reasonable costs, except where the demand results from Advocate’s breach of these Terms.

A government body could serve a demand on a Subprocessor directly. Advocate selects providers whose published policy is to redirect government requests for customer data to the customer. Advocate will ask the provider to redirect any such request to Advocate, and will then follow the procedure in this section, including notice to Customer.

This section does not authorize content moderation or independent viewing of Customer Content by Advocate personnel. Required reporting and preservation under 18 U.S.C. section 2258A are addressed separately in section 8.3, including the actual-knowledge trigger and the offenses covered by that statute.

5.4 Security Incidents

Advocate will notify Customer without undue delay, and in any event within 72 hours, after Advocate becomes aware of a Security Incident affecting Customer Content. Advocate becomes aware when Advocate personnel learn of the Security Incident, including through a Subprocessor’s notice. The obligation applies whether or not the affected content contains personal data. Notice goes to Customer’s designated security contact or, if none is designated, to the account administrator.

The notice will describe, to the extent known: the nature of the incident; the matters, files, and categories of data affected; the approximate number of individuals and records concerned; the likely consequences; the measures taken or planned; and a contact for updates. Information may follow in phases as it becomes available. Advocate will not delay the initial notice because an investigation is incomplete.

Advocate will investigate, contain, and remediate the Security Incident. It will reasonably assist Customer with Customer’s legally required response, including any notices Customer must give to clients, courts, regulators, or affected individuals. Incident response does not independently authorize viewing Customer Content. Viewing by Advocate personnel requires Customer’s specific authorization for identified content and an identified issue, or a legal requirement, under the Content Commitments. A notice under this section is not an admission of fault or liability. Unsuccessful attempts that do not compromise Customer Content, such as a blocked sign-in attempt or a network scan, are not Security Incidents. The Privacy Policy addresses incidents that affect Account Data.

You can designate a security contact by email to info@theadvocate.ai, or in account settings where that option is available. Keep the contact details current.

5.5 Support channels

Do not send case materials by email, and do not attach them to feedback. If Advocate needs to see content to resolve a problem, use in-product support access under Commitment D instead.

If you nevertheless send case material through a support channel, Advocate will treat it as Customer Content under the Content Commitments, view it only with the specific authorization required by Commitment D, use it only for that authorized support request, and delete it from the support channel when the request is closed, where the tool allows.

5.6 Security measures, infrastructure, and Subprocessors

Advocate maintains the technical and organizational measures described in Schedule C. They are designed to protect the confidentiality, integrity, and availability of Customer Content in light of its sensitivity. Advocate may update the measures as its systems change, but will not materially reduce the protection they provide. The Services run on managed cloud infrastructure in the United States. Advocate does not host its own infrastructure. Advocate holds no security certification or third-party audit report as of the effective date of these Terms.

Schedule B describes Subprocessor functions by product. Section 19.4 explains Advocate’s internal provider inventory, how Customer may privately request actual provider identities and relevant details, and the disclosures, notice, and objection rights required by applicable law or a binding customer agreement.

Personal data that Advocate processes on Customer’s behalf is governed by section 19 and Schedules A, B, and C. The Privacy Policy describes Account Data and website data.

6. Live Hearing and recording

6.1 What Live Hearing does

Live Hearing listens to the audio of a live hearing or deposition through the user’s device. It transcribes that audio in real time with generic speaker labels, and it flags testimony that appears to contradict the case record in Customer’s workspace.

6.2 You control when audio is captured

Audio is captured only when a user starts a Live Hearing session, and capture stops when the user ends the session. Advocate does not start sessions.

6.3 Advocate’s role

In Live Hearing, Advocate acts solely as Customer’s tool and service provider. Advocate processes the audio only to deliver transcripts and flags to that Customer. Advocate has no right or ability under these Terms to use the audio or the transcript for any purpose of its own. Live Hearing audio, transcripts, and flags are Customer Content, and every Content Commitment in section 4 applies to them.

6.4 Permission and consent are your responsibility

Customer is solely responsible for determining whether it may use a recording or transcription device in a given proceeding, and for obtaining every required permission or consent before each session. Advocate does not make that determination and cannot make it for you. The rules that may apply include:

• Court rules on recording devices. For example, California Rules of Court, rule 1.150, requires advance permission from the judge for a personal recording device. Federal courts generally prohibit photographing and broadcasting court proceedings (see Fed. R. Crim. P. 53), and local rules commonly prohibit recording devices in the courtroom.
• All-party consent laws. For example, Cal. Penal Code section 632. That statute excludes judicial proceedings open to the public, so the exposure is greatest in depositions, closed, sealed, or juvenile proceedings, sidebar and chambers conferences, remote hearings, and hallway or counsel-table conversations.
• Deposition rules and stipulations. For example, Cal. Code Civ. Proc. section 2025.330 and Fed. R. Civ. P. 30(b)(3), which address notice of audio recording, and any stipulation among the parties.
• Protective orders, sealing orders, and standing orders of the court or tribunal.

Do not use Live Hearing where recording or transcription devices are prohibited. Each time you start a session, you represent that you have the permission and consent the setting requires.

6.5 Privileged conversations

An open microphone can capture more than testimony. Position the microphone, and pause the session, so that it does not capture privileged conversations, including your own conversations with your client at counsel table and the privileged communications of others.

6.6 Transcripts and flags are unofficial aids

Real-time transcripts, speaker labels, and flags are unofficial aids for the attorney. They are not a certified record and are not a substitute for the official reporter’s transcript. They may be wrong, incomplete, or delayed, and speaker labels may attribute words to the wrong speaker. Section 7.4 says more about flags.

6.7 What happens to the audio

Live Hearing audio is processed only to produce the transcript. Advocate will not retain Live Hearing audio after the session, including in logs or caches. The transcript and flags are stored in Customer’s workspace as Customer Content until Customer deletes them or section 11 applies.

6.8 No voiceprints or other biometric identifiers

Speaker labels are generic (for example "Speaker 1" and "Speaker 2"). They come from automated diarization that separates voices within a session. Diarization may use temporary voice characteristics to tell speakers apart within a single session; Advocate must configure the feature to discard those characteristics when the session ends and not retain them or use them to identify any individual. Advocate does not create voiceprints, face templates, or other biometric identifiers to identify individuals, in Live Hearing or in video analysis.

If Advocate ever introduced a feature that uses biometric identifiers, it would first give notice and obtain any consent the law requires.

6.9 Other recordings

The same responsibilities apply to any other recording that you make with, stream through, or upload to the Services. Section 14 covers claims that arise from your recording or capture of any person or proceeding.

7. AI Outputs and professional responsibility

7.1 Outputs can be wrong

The Services may produce inaccurate, incomplete, or misleading Outputs. Transcripts, summaries, timestamps, speaker labels, visual descriptions, citations, element and evidence mappings, timelines, and other analyses may contain errors or omit relevant information.

Verify material Outputs against the original recordings, documents, and authoritative sources before you rely on, share, file, or present them. Do not treat an AI interpretation as proof of what occurred, or of a person’s identity, intent, or credibility, without independent verification.

7.2 Legal sources may be outdated or wrong for your jurisdiction

Jury instructions, statutes, rules, and other legal sources quoted or paraphrased in Outputs may be outdated, incomplete, or wrong for the jurisdiction. Verify every legal source against the current official text before you rely on it.

7.3 Third-party legal content

Outputs may quote jury instructions, statutes, rules, and other legal sources published by courts, legislatures, or third parties. Advocate does not own them. Advocate makes no warranty that a quotation is current, complete, or official. Any third party’s rights in its publication remain its own, and the assignment of Outputs in section 3.5 does not extend to that material.

7.4 Live flags

A Live Hearing flag is a prompt for the attorney’s attention, not a determination. Flags can be false positives, and the feature can miss contradictions. Confirm the cited part of the record before you rely on a flag in examination or argument.

7.5 Entity maps and dossiers

Entity maps and per-person dossiers compile what is in Customer’s own record. Advocate adds no outside information about the people in them and makes no decisions about those people.

Advocate is not a consumer reporting agency, and dossiers and entity maps are not consumer reports. They must not be used for employment, credit, housing, or insurance decisions, or for any other purpose governed by the Fair Credit Reporting Act. Handle them under the same protective orders, sealing orders, and confidentiality duties as the source materials.

7.6 No legal advice, and your professional responsibility

Advocate provides technology, not legal advice or legal representation. Use of the Services does not create an attorney-client relationship with Advocate.

You remain responsible for professional judgment, legal advice, filings, deadlines, confidentiality, supervision of the technology under the rules of professional conduct, any required disclosure of AI use, and compliance with applicable professional and court rules. Unless separately agreed in writing, Outputs are not certified transcripts, authenticated evidence, or guarantees of admissibility or of any legal outcome.

7.7 Preserve your originals

You are responsible for preserving original evidence and maintaining any required chain of custody. The Services are not a substitute for your own records, evidence-preservation procedures, or required backups.

8. Acceptable use

8.1 Rules

You must not:

• use the Services to violate applicable law, a court order, or another person’s rights;
• obtain or disclose information without authority;
• upload content in violation of a protective order, sealing order, or custody restriction that forbids placing it with a vendor;
• upload malicious code, or interfere with the security or operation of the Services;
• access another user’s account or content without authorization, or circumvent access controls or usage limits;
• share login credentials or let more than one person use a single user’s login;
• access the Services by scraper, bot, or other bulk automated means, except through interfaces Advocate provides;
• use the Services to build a competing product or service;
• reverse engineer the Services, except to the extent applicable law permits despite this restriction;
• resell access, unless Advocate agrees in writing;
• abuse the referral program, for example through self-referral, duplicate accounts, or invitations to people you do not know professionally; or
• use dossiers, entity maps, or any other Output to harass, intimidate, or retaliate against any person, or for any purpose governed by the Fair Credit Reporting Act (see section 7.5).

8.2 Sensitive case materials are permitted

Lawfully authorized case materials are not prohibited merely because they contain violent, explicit, disturbing, or otherwise sensitive evidence. That is the ordinary material of trial practice, and the Services are built for it.

These acceptable use rules do not authorize Advocate to view Customer Content for content moderation, and Advocate does not do so (Commitment D).

The AI provider’s automated safety systems may occasionally refuse or limit analysis of graphic material. If that happens, the analysis of that material may be incomplete, and you should review it directly.

8.3 Prohibited uploads and required reporting

Do not upload material that is unlawful for you or Advocate to possess or process, including prohibited visual depictions of child sexual abuse under applicable law. Do not upload material subject to a court order or legal custody restriction that prohibits placing it with a service provider.

Case materials are not prohibited merely because they concern child abuse or exploitation. Forensic interviews, medical and examination records, injury photographs, victim and witness statements, police and expert reports, and other evidence may be uploaded when possession, submission, and processing are lawful and consistent with applicable court orders and custody restrictions. Required reporting and preservation duties remain applicable.

Advocate does not independently monitor or review Customer Content to enforce this clause. If you discover prohibited material in an upload, including a device extraction, promptly take the steps required by law or court order for its removal or preservation. An inadvertent inclusion that you promptly address after discovery in accordance with those requirements does not by itself constitute a serious violation of these Terms. Advocate’s statutory obligations in the next paragraph are unaffected.

Where 18 U.S.C. section 2258A applies, if Advocate obtains actual knowledge of facts or circumstances indicating an apparent offense covered by section 2258A(a)(2)(A), Advocate will make the legally required report to the National Center for Missing & Exploited Children’s CyberTipline as soon as reasonably possible and comply with applicable preservation obligations. The covered offenses include specified child sexual abuse material offenses, sex trafficking involving a minor under section 1591, and enticement under section 2422(b). Advocate will disclose only what the law requires. These duties do not authorize proactive monitoring or personnel viewing beyond section 4. Legally required compliance is not a breach of the Content Commitments or section 5.

8.4 Enforcement

Advocate may act on user reports, technical and account information, or other lawfully available evidence of misuse, always subject to section 4.

9. Early access, feedback, plans, billing, referral program

9.1 Early access and the feedback we ask for

Advocate offers a free tier and paid monthly and annual subscriptions. Existing early-access users retain their grandfathered free access under its existing terms unless they expressly choose a paid plan. Advocate continues to welcome candid product feedback.

Feedback is voluntary. Your access does not depend on giving it. Feedback must never include client confidences or other Customer Content.

Early-access and beta features may change or be withdrawn. These Terms do not promise permanent free access, a particular early-access period, or a specific future price.

9.2 Paid plans

Paid plans are available on the terms and at the price disclosed in the offer, at checkout, or in an order form. You will not be charged unless you expressly agree to a paid plan and its price. Advocate will not convert free or grandfathered access into a paid subscription without that agreement.

9.3 Fees and billing

The offer you select, the checkout disclosures, or an order form will identify any fees, usage allowances, billing period, payment terms, and trial or promotional conditions before you agree to them. You are responsible for the charges you agree to and for applicable taxes, excluding taxes on Advocate’s income. Advocate will not impose undisclosed overage charges.

Any price change applies prospectively, with the notice and consent required by your agreement and by law.

9.4 Automatic renewal

Paid monthly and annual subscriptions renew automatically for the renewal period disclosed when Customer subscribes, unless Customer cancels before the next renewal. Automatic renewal applies only with Customer’s express affirmative consent to the renewal terms. The offer or checkout must clearly disclose the recurring price, billing and renewal periods, applicable trial or promotional terms, and how to cancel. Customer may cancel renewal online through the billing portal or request cancellation at info@theadvocate.ai. Cancellation prevents future renewals. Access during the current period and any refund entitlement follow the offer and applicable law. Advocate will provide subscription acknowledgments, renewal and annual reminders, and notices of material or price changes as required by law.

9.5 Statements outside these Terms

Marketing materials, emails, demonstrations, and conversations do not modify these Terms and do not create commitments about price, free access, or features, unless the commitment is in a writing signed by an authorized representative of Advocate. A commitment made in such a signed writing continues to govern according to its terms.

Send billing or cancellation questions to info@theadvocate.ai.

9.6 Referral program

You may invite colleagues by entering up to five email addresses. Submit a colleague’s email address only if you have a professional relationship with that person and reasonably believe the person would welcome the invitation.

Advocate sends one invitation and at most one reminder. The invitation identifies you as the person who referred the colleague. Advocate uses the address for nothing else unless the colleague signs up.

You receive 10 GB of additional storage for each invited colleague who signs up, up to a maximum of 50 GB. Storage credits have no cash value and are not transferable. Advocate may change or end the program prospectively. It will not remove credits you have already earned, except for fraud or abuse.

10. Advocate technology, feedback license, publicity, third-party services

10.1 Advocate’s technology

Advocate and its licensors retain all rights in the Services, software, models, designs, and branding. Subject to these Terms and your plan, you may access and use the Services for your authorized professional activities. No other rights are granted by implication.

10.2 Feedback license

If you give Advocate product suggestions, you grant Advocate a perpetual, irrevocable, worldwide, royalty-free license to use them, without compensation or attribution.

This license expressly excludes Customer Content and confidential case information. It does not authorize model training on Customer Content or any access that section 4 prohibits. If case material is visible during a feedback call, screen share, or screenshot, Advocate treats what it sees as Customer Content under sections 4 and 5 and does not continue reviewing it without the specific authorization required by Commitment D. Advocate will not record a feedback session without asking first.

10.3 Publicity and testimonials

Advocate will not identify Customer as a customer, use its name or logo, or publish a testimonial without Customer’s prior written consent. Customer may withdraw that consent for future uses at any time. Testimonials must not include client confidences. Advocate will disclose any material connection with the person giving a testimonial, including no-cost access, where the law requires.

10.4 Third-party services and integrations

Optional integrations, such as a read-only calendar connection, are subject to the third party’s own terms. You control whether to connect them and what information you authorize them to share. The Privacy Policy describes how Advocate handles data from an integration you connect.

11. Suspension, termination, export, deletion

11.1 Closing your account

You may stop using the Services at any time. You may close your account at any time in the product or by email to info@theadvocate.ai. Cancellation of a paid subscription and any outstanding charges remain subject to section 9 and your offer or order form.

11.2 Suspension and termination by Advocate

Advocate may restrict or suspend access when reasonably necessary to address a material breach of these Terms, nonpayment of agreed charges, a security risk, or a legal requirement. Where practicable and lawful, Advocate will give notice and an opportunity to address the issue before suspension or termination. Advocate may terminate the account if the issue is not resolved within 30 days after that notice, or sooner where the law requires or where the violation is serious and cannot be cured.

Any investigation or support access connected with a suspension remains subject to section 4.

Advocate may discontinue a feature with reasonable advance notice where practicable, subject to any separate contractual commitment and applicable law. Section 18.6 governs discontinuation of the Services as a whole.

11.3 Export window

During a suspension and for 30 days after termination or account closure for any reason, Customer may export its lawful Customer Content, and Advocate will keep a means of export available. Suspension or termination for an alleged or actual violation of these Terms does not itself remove this right.

Advocate may restrict export only to the extent required by law or strictly necessary to address a specific, documented security risk posed by the export. Any restriction must be limited to the affected content, recipient, or export method and last no longer than necessary. Where lawful, Advocate will promptly explain the restriction, keep export available for unaffected content, and provide a lawful, secure alternative for affected content where possible. A restriction does not authorize personnel viewing beyond section 4.

For affected content that Advocate may lawfully retain, the 30-day export period pauses for any time when a restriction under this section prevents Advocate from providing a lawful, secure means of export, and resumes when that means is available. The deletion periods in section 11.4 begin after the resulting export window ends, unless Customer requests earlier deletion or applicable law requires otherwise.

11.4 Deletion

Advocate deletes Customer Content from active systems within 14 days after the export window ends. If Customer asks for deletion earlier, including deletion of a single matter or file during the term, Advocate deletes that Customer Content from active systems within 14 days after the request.

Advocate will delete Customer Content from backups within 30 days after deletion from active systems.

Deletion covers Derived Content, including transcripts, extracted frames and clips, indexes, embeddings, and caches, and covers copies held by Subprocessors. Advocate passes deletion instructions to its Subprocessors. Until a backup expires, it is used only for recovery and legally required preservation. Restoring a backup does not revive deleted Customer Content: Advocate deletes it again.

On request, Advocate will confirm deletion in writing.

If the law requires Advocate to retain any Customer Content, Advocate will isolate it from all other use, keep it only as long as the law requires, and, where legally permitted, tell Customer the basis for retention. Retained Customer Content remains subject to section 5 and the Content Commitments.

11.5 Inactivity and storage allowances

Advocate will not delete Customer Content because an account is inactive or over a storage allowance without at least 30 days’ notice to the account administrator and an opportunity to export.

11.6 Export before you close

Do not rely on access continuing after the export window. Export the records you need with the available features, or contact Advocate before closing the account.

12. Warranty disclaimer

Except for the express commitments in these Terms or a signed agreement, and to the fullest extent permitted by law, the Services and all Outputs are provided "as is" and "as available". Advocate disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

Advocate does not warrant that the Services will be uninterrupted or error-free, that Outputs will be accurate or complete, that any quoted legal source is current or official, or that use of the Services will produce any particular legal or business result. Early-access and beta features may change or be withdrawn at any time. Any service-level or support commitment must be expressly stated in a signed agreement.

Nothing in this section removes Advocate’s express commitments in sections 4 and 5, excuses fraud or any other liability that cannot lawfully be excluded, or limits statutory rights that cannot be waived.

13. Limitation of liability

To the fullest extent permitted by law:

(a) Excluded damages. Neither party will be liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, or goodwill, arising out of or relating to these Terms or the Services, even if advised that those damages were possible.

(b) Cap. Each party’s total aggregate liability arising out of or relating to these Terms or the Services is limited to the greater of (1) the amounts Customer paid Advocate for the Services in the 12 months before the event giving rise to the claim, and (2) one hundred U.S. dollars (US$100).

(c) Exceptions. The limits in (a) and (b) do not apply to a party’s fraud, willful misconduct, or gross negligence, to Customer’s payment obligations, to Customer’s indemnification obligations under section 14, or to liability that cannot be limited under applicable law, including California Civil Code section 1668.

(d) Different limits by agreement. The parties may agree to different limits in a signed order form.

(e) Basis of the bargain. These limits are an essential basis of the parties’ agreement and allocation of risk.

14. Indemnification

14.1 Customer’s indemnity

Customer will defend and indemnify Advocate and its officers, directors, and personnel against third-party claims, and the resulting damages, costs, and reasonable attorneys’ fees, arising from:

• Customer Content, or Customer’s lack of authority to submit it;
• Customer’s recording or capture of any person or proceeding, including through Live Hearing;
• Customer’s violation of a court order, protective order, law, or the acceptable use rules in section 8; or
• Customer’s use of Outputs in its practice.

For government customers, this section applies only as stated in section 16.

14.2 Procedure

Advocate will give Customer prompt written notice of the claim, allow Customer to control the defense and settlement, and cooperate reasonably at Customer’s expense. A delay in notice relieves Customer of its obligations only to the extent the delay prejudices the defense. Customer may not settle a claim in a way that imposes an obligation on Advocate or admits fault on its behalf without Advocate’s written consent. Advocate may participate in the defense with its own counsel at its own expense.

14.3 No Advocate indemnity in these online Terms

These online Terms do not include an indemnity from Advocate. The parties may agree to one in a signed order form.

15. Governing law and disputes

15.1 Governing law

California law governs these Terms and any dispute arising out of or relating to them or the Services, without regard to its conflict-of-laws rules.

15.2 Informal resolution first

A party with a dispute will send the other party written notice describing it. Notice to Advocate goes to info@theadvocate.ai. The parties will try in good faith to resolve the dispute for 30 days after that notice. This step does not prevent either party from taking action needed to preserve a legal deadline.

15.3 Courts

If the dispute is not resolved within those 30 days, it will be resolved exclusively in the state and federal courts located in San Mateo County, California. Each party consents to the personal jurisdiction of those courts.

15.4 Injunctive relief

Either party may seek injunctive relief at any time to protect confidentiality or intellectual property.

15.5 What these Terms do not contain

These Terms do not require arbitration, do not waive class or representative proceedings, and do not waive trial by jury.

16. Government customers

If Customer is a public defender office or other government entity:

• the indemnification, governing law, venue, and liability provisions of these Terms apply only to the extent permitted by the law governing that entity;
• any payment obligation and any automatic renewal are subject to lawful appropriation; and
• Advocate will consider the entity’s standard contract terms, and a signed agreement between the entity and Advocate controls over these Terms.

A government customer may also request a security addendum, as described in section 19.7, "Regulated data positions".

17. Changes to the Terms

Advocate may update these Terms. For material changes, Advocate will give at least 30 days’ advance notice by email and in the workspace.

Changes are prospective. They do not apply to a dispute that arose before their effective date. After such notice, continued use of the Services after the effective date is acceptance of the change, with one exception: Advocate will obtain Customer’s express acceptance for any change that reduces the Content Commitments, and such a change never applies to Customer Content submitted before it (Commitment F).

If you do not agree to a change, you may terminate before it takes effect. Section 11 then governs export and deletion, and any existing payment obligations and rights under your agreement or applicable law are unaffected.

18. General terms, notices, contact

18.1 Order of precedence

If the documents conflict, they control in this order: (1) a signed order form or agreement between Customer and Advocate; (2) section 19 and Schedules A, B, and C, as to Customer Personal Data; (3) the other provisions of these Terms; (4) the Privacy Policy. This order is always subject to Commitment G: where a provision conflicts with the Content Commitments, the provision more protective of Customer Content controls.

18.2 Entire agreement

These Terms, including section 19 and Schedules A, B, and C, and any signed order form or agreement are the entire agreement between the parties about the Services. They replace all earlier terms and understandings about the Services, subject to Commitment F, section 9.5, and the preservation of existing binding commitments in section 19.4.

18.3 Severability

If a provision is unenforceable, it will be enforced to the extent permitted by law, and the remaining provisions continue to apply.

18.4 No waiver

A failure or delay in enforcing a provision is not a waiver of it.

18.5 Assignment

Neither party may assign or transfer these Terms without the other’s consent, with one exception. Either party may assign them to a successor in a merger or a sale of the business, if the successor assumes all obligations under these Terms, including the Content Commitments.

Advocate will give Customer at least 30 days’ notice before such an assignment by Advocate. Customer may terminate and have its Customer Content deleted under section 11 before the transfer takes place. Customer Content is never disclosed in due diligence. No assignment releases the confidentiality obligations or the Content Commitments.

18.6 Wind-down and insolvency

If Advocate ceases to offer the Services, it will give at least 60 days’ notice where practicable, keep export available during that period, and then delete Customer Content under section 11.4.

Customer Content is held for Customer. It is not an Advocate asset available for sale. In any merger, acquisition, financing, bankruptcy, or wind-down, Customer Content may pass only to a successor that assumes these Terms and the Content Commitments, and only after the notice and exit right in section 18.5. Customer Content is never disclosed in due diligence.

18.7 No third-party beneficiaries

These Terms confer no rights on any person other than the parties, including individuals who appear in Customer Content, except where Applicable Data Protection Law (as defined in section 1.4) or signed Standard Contractual Clauses require otherwise.

18.8 Force majeure

Neither party is liable for a failure or delay in performance caused by events beyond its reasonable control, such as natural disasters, war, government action, or failures of utilities or of the internet. The affected party will use reasonable efforts to resume performance. This section does not excuse payment obligations, the confidentiality obligations in section 5, or the Content Commitments.

18.9 Export controls and sanctions

You represent that you are not located in a country or territory subject to comprehensive U.S. sanctions and are not a person with whom U.S. law prohibits dealings. You will not use the Services in violation of export control or sanctions laws. The Services are not designed for classified information or for technical data controlled under export control laws. Do not upload that material unless Advocate agrees in a signed writing.

18.10 Electronic communications

You consent to receive agreements, notices, and other communications from Advocate electronically, and you agree that they satisfy any legal requirement that a communication be in writing. Service and legal notices are part of the Services, and you cannot opt out of them while your account is open. The Privacy Policy explains how to opt out of marketing email.

18.11 Notices

Advocate sends notices to Customer by email to the account administrator at the address on file. Security Incident notices go to the contact described in section 5.4.

Customer sends notices to Advocate by email to info@theadvocate.ai, with a copy of any legal notice by mail to Advocate AI Tech Inc., c/o Matrix Partners, 535 Mission Street, Suite 2600, San Francisco, CA 94105.

An email notice is effective on the next business day after it is sent, unless the sender receives a delivery failure message.

18.12 Survival

The provisions that by their nature should survive termination do survive, for as long as needed to give them effect. They include ownership (section 3), the Content Commitments (section 4) and confidentiality and legal-demand obligations (section 5) for as long as Advocate or its Subprocessors hold any Customer Content, export and deletion (section 11), accrued payment obligations, the warranty disclaimer, the limitation of liability, indemnification, governing law and disputes, these general terms, and the obligations in section 19 and the Schedules that protect Customer Content for as long as Advocate or its Subprocessors hold it, including in backups.

18.13 Contact

Questions about these Terms may be sent to Advocate AI Tech Inc. at info@theadvocate.ai or +1 (650) 743-1415.

19. Customer data processing and security

This section and Schedules A, B, and C are part of these Terms. They state the additional processing and security obligations for Customer Personal Data. They are accepted with the Terms; no separate signature is required. Where an organization is Customer, they cover the organization and all of its Authorized Users.

19.1 Roles and scope

Customer acts as a controller or as a processor of Customer Personal Data, according to its relationship with the individuals or clients concerned. Advocate acts as Customer’s processor, subprocessor, or service provider, as applicable. Customer is responsible for its authority to instruct Advocate.

This section governs Customer Personal Data. Its provisions on confidentiality, legal demands, security, Security Incidents, Subprocessors, and deletion, and the Content Commitments, protect all Customer Content, whether or not it contains personal data.

Advocate is the controller of Account Data and of data collected on its public website. The Privacy Policy describes that processing. That distinction gives Advocate no independent right to use Customer Content that reaches it through a support request or any other channel. Such material remains Customer Content.

19.2 Documented instructions

Advocate processes Customer Personal Data only on Customer’s documented instructions, which include providing the Services. Customer’s instructions are these Terms, Customer’s use and configuration of the Services, and compatible written instructions from its authorized representative. If a law to which Advocate is subject requires other processing, Advocate will inform Customer of that requirement before the processing, unless the law prohibits it. Section 5.3 governs compelled disclosure.

Advocate will notify Customer if it believes an instruction infringes Applicable Data Protection Law, and will work with Customer to resolve the issue before carrying out the instruction.

Customer determines which materials to submit, who is authorized to receive them, and the lawful basis and permissions for their collection, recording, processing, and disclosure. This includes compliance with court rules, protective orders and sealing orders, confidentiality duties, statutory limits on redisclosure (see section 19.7), and any required notices or consents.

Sections 2.1, 3.4, 6, and 8 govern lawful submission, materials about minors, Live Hearing, and acceptable use. This section adds no content-based limit on lawful evidence beyond section 8 and does not authorize monitoring or viewing to enforce those limits. The Content Commitments in section 4 apply to all processing under this section and the Schedules.

19.3 California and other state privacy laws

Customer discloses Customer Personal Data to Advocate only for the limited and specified business purposes described in Schedule A. Whether or not the California Consumer Privacy Act ("CCPA") applies to Customer, Advocate:

• will not sell Customer Personal Data or share it for cross-context behavioral advertising;
• will not retain, use, or disclose Customer Personal Data outside the direct business relationship with Customer, or for any purpose, including a commercial purpose, other than the business purposes in Schedule A;
• will not combine Customer Personal Data with personal information that it receives from another source or collects from its own interactions with individuals, except as the CCPA permits a service provider to do for the contracted processing, and never in a way the Content Commitments prohibit;
• will comply with the CCPA obligations that apply to it and provide the level of privacy protection the CCPA requires;
• agrees that Customer may take reasonable and appropriate steps to ensure that Advocate uses Customer Personal Data consistently with Customer’s CCPA obligations, including through the compliance information and audits in section 19.5;
• will notify Customer within five business days after it determines that it can no longer meet its obligations under the CCPA or this section, and agrees that Customer may then take reasonable and appropriate steps to stop and remediate any unauthorized use of Customer Personal Data; and
• certifies that it understands these restrictions and will comply with them.

These terms follow Cal. Code Regs. tit. 11, section 7051. Where another U.S. state privacy law applies, Advocate acts as Customer’s processor and will meet the processor obligations of that law.

19.4 Subprocessors

Authorization and private provider information

Customer authorizes Advocate to engage Subprocessors to provide the Services under these Terms and Customer’s documented instructions, subject to any authorization required by Applicable Data Protection Law or a binding customer agreement. Schedule B describes their functions by product and the categories of Customer Content involved.

Advocate maintains a current internal provider inventory identifying each Subprocessor by legal name, address and contact details, together with its purpose, the Customer Content it processes, and its processing location. Advocate provides the actual provider identities and relevant details privately to Customer promptly on reasonable request to info@theadvocate.ai.

Terms with Subprocessors

Advocate engages each Subprocessor under written terms that are no less protective in substance of Customer Content than these Terms for the processing the Subprocessor performs. Provisions expressly governing Advocate personnel apply to those personnel. Those terms cover confidentiality, security, notice of security incidents to Advocate, deletion, and a prohibition on using Customer Content to train or otherwise improve any model. Large infrastructure providers generally contract on their own standard enterprise terms. Advocate selects providers whose enterprise terms meet this standard. Advocate remains liable to Customer for its Subprocessors’ performance of the processing they carry out for Advocate.

Required disclosures, notice, and objection rights

Where Applicable Data Protection Law or a signed or other binding customer-specific agreement requires current provider identities, additional provider information, or prior authorization, Advocate will proactively provide the required information and obtain the required authorization, including before processing begins where required. Where that law or agreement requires notice of a Subprocessor engagement, including a downstream engagement, or an intended addition or replacement, Advocate will give the notice at the required time. Where advance notice and an opportunity to object are required, Advocate will give sufficient advance notice and details to exercise that right. Disclosures and notices include the provider identities, processing details, and other information the applicable law or agreement requires. Advocate will keep provider identity information current where required and will not make a required proactive disclosure dependent on a request.

Required notices go by email to Customer’s security contact or, if none is designated, to its account administrator, unless the applicable law or agreement requires another method. Customer may exercise an applicable objection right by writing to info@theadvocate.ai and stating reasonable data-protection grounds within the period required by that law or agreement. Grounds that concern the confidentiality of Customer Content, including a lawyer’s professional duties or a court order that restricts vendors, are data-protection grounds for this purpose.

Where that objection right applies, the parties will work in good faith on an alternative configuration or another reasonable resolution. Advocate will not route the objecting Customer’s Customer Content to the proposed Subprocessor while a timely, reasoned objection remains unresolved. If no reasonable resolution is available, either party may terminate the affected Services without an early-termination penalty. Payment and any refund rights otherwise follow these Terms or the applicable order form, and section 11 governs export and deletion. Advocate will not continue affected processing in violation of Applicable Data Protection Law.

Existing binding provider-disclosure, notice, authorization, and objection commitments remain in force for the Customers to whom they apply unless and until validly amended under the applicable agreement and law. No change bypasses required consent. Section 17 and Commitment F continue to govern changes and non-retroactivity.

Changes in provider configuration

Advocate will maintain and update Schedule B and the internal provider inventory. Provider or configuration changes must continue to comply with these Terms and the Content Commitments, including the prohibition on training using Customer Content. Changes to providers remain subject to this section.

A change solely to provider identity within the unchanged functions, data categories, processing locations, and protections described in these Terms is an inventory update under this section, not an amendment to the text of these Terms. This does not waive any applicable disclosure, notice, authorization, or objection requirement. Changes to the functions, data categories, locations, or security measures described in the Schedules require corresponding updates; material changes remain subject to section 17 and changes to security measures remain subject to section 5.6.

19.5 Assistance, audits, and compliance information

Requests from individuals

Customer decides how to respond to any request from an individual about Customer Personal Data. If Advocate receives such a request and the request identifies Customer, Advocate will refer it to Customer within five business days. Advocate will not respond to the requester except to say that requests should go to the attorney or office handling the matter.

Advocate does not search Customer Content for a requester. It does not confirm, deny, or disclose to any requester whether any customer’s Customer Content contains information about any person. If a request does not identify a customer, Advocate gives the same response and does not search. This rule exists because a victim, witness, or adverse party could otherwise use a privacy request to learn what a lawyer’s file contains.

Taking into account the nature of the processing and the information available to it, Advocate will reasonably assist Customer, through the features of the Services or on request, to locate, export, correct, restrict, or delete Customer Personal Data for a request that Customer decides to honor. Advocate will not decide or fulfill such a request itself, except on Customer’s instructions or as the law requires. Assistance does not independently authorize personnel to view Customer Content; the Content Commitments continue to apply.

Impact assessments and regulators

Advocate will reasonably assist Customer with data protection impact assessments, consultations with regulators, and Customer’s own security obligations, to the extent they relate to Advocate’s processing. Schedule A describes the profiling-type Outputs (entity maps and dossiers) so that Customer can assess them.

Compliance information

On request, and no more than once per year, Advocate will provide a completed security questionnaire and summaries of any third-party assessments of Advocate that are then available. Advocate may answer with its standard completed questionnaire where that reasonably covers Customer’s questions. The once-per-year limit does not apply to information Advocate provides under section 5.4 after a Security Incident.

As of the effective date, Advocate holds no SOC 2, ISO 27001, or similar certification or audit report. Advocate will update these Terms when it does.

Audits

Advocate will allow and contribute to audits or inspections that Applicable Data Protection Law requires, on reasonable advance notice, under written confidentiality obligations, and under arrangements that protect the security of the Services and other customers’ content. An audit never includes access to another customer’s Customer Content. Existing documentation may be used where it is sufficient.

19.6 Return and deletion details

Section 11 governs export and deletion, including its export window, permitted restrictions and pauses, active-system and backup deletion deadlines, and legally required retention. The following details apply on that same schedule. Sections 18.5 and 18.6 govern assignment, wind-down, and successors.

Customer may export and delete Customer Content at any time, using the features available in the Services or by written request to info@theadvocate.ai. Customer may close its account at any time in the product or by email.

Deletion covers all Customer Content: the materials Customer submitted, all Derived Content (including transcripts, extracted frames and clips, indexes, embeddings, and caches), and copies held by Subprocessors. Advocate deletes the copies it controls on Subprocessor systems, such as managed cloud storage and databases, on the same schedule. It passes deletion instructions to any Subprocessor that holds a copy Advocate cannot delete directly. Customer Content is deleted. It is not de-identified or kept in aggregate form.

Until they are deleted, backups are restricted to authorized recovery and legally required preservation. Restoring a backup does not revive deleted content. If a restored backup contains Customer Content that was already deleted, Advocate will delete it again without undue delay and will not use it.

If applicable law, or a preservation demand handled under section 5.3, requires Advocate to keep specific Customer Content, Advocate will isolate it from any other use and keep it only for as long as required. On request and where legally permitted, Advocate will explain the basis for the retention. All retained copies remain subject to confidentiality and the Content Commitments.

On request, Advocate will provide a written certificate confirming deletion, identifying the account or matter concerned and the date of completion.

19.7 Regulated data positions

Health information

Advocate is not a HIPAA business associate by default. A Customer that is itself a covered entity or a business associate with respect to protected health information must not upload that information unless the parties have signed a business associate agreement. Medical records that a lawyer obtains through discovery, subpoena, or client authorization for its own representation of a client are generally not held by the lawyer as a business associate, but Customer decides how the law applies to the records it holds.

Substance-use records and state-protected records

For substance use disorder records subject to 42 C.F.R. Part 2, and for records protected by state law (for example juvenile records, sealed records, or psychotherapy records), Customer is responsible for confirming that disclosure to a vendor is permitted.

Criminal justice information

Advocate does not hold a CJIS Security Policy attestation and is not a CLETS-authorized recipient. Customer is responsible for determining whether criminal history record information in its possession may be placed with a vendor.

Government customers

A public defender office or other government Customer may request a security addendum that addresses its agency’s requirements. A signed addendum controls as section 18.1 describes.

19.8 International transfers

Customer Content is stored and processed in the United States. The Services are offered to legal professionals in the United States. Advocate does not claim or rely on any cross-border transfer mechanism by default.

If a Customer needs to transfer personal data that is subject to the GDPR, the UK GDPR, or Swiss data-protection law to Advocate, the parties will sign the EU Standard Contractual Clauses (Module Two where Customer is a controller, Module Three where Customer is a processor) and, for UK data, the UK Addendum, before that transfer. Those clauses are not in place by default. Customer should contact info@theadvocate.ai before submitting such data so that the clauses can be signed first. Once signed, Schedule A serves as the description of processing, the provider information provided to and agreed by Customer supplies the named Subprocessor list required by the clauses, and Schedule C supplies the technical and organizational measures. Advocate will provide and keep current the Subprocessor identity information required by those clauses before the relevant processing begins.

Advocate will give Customer advance notice before it moves the storage or processing of Customer Content outside the United States. Any such change remains subject to Applicable Data Protection Law, the required transfer safeguards, and any binding customer agreement. This advance-notice obligation is separate from the provider-notice obligations in section 19.4.

19.9 Administration and continuing protection

Each party’s liability arising out of or related to this section and the Schedules is subject to the limitations and exclusions in section 13, and to any different limits the parties agree in a signed order form. Except where applicable law requires otherwise, this section and the Schedules do not change the indemnification, governing law, or dispute provisions of these Terms. For a government Customer, section 16 applies to this section and the Schedules as well. Nothing in this section and the Schedules limits any liability to individuals that signed Standard Contractual Clauses require a party to bear.

No Subprocessor’s terms give Advocate broader rights to use or view Customer Content than these Terms allow. Mandatory transfer terms, such as signed Standard Contractual Clauses, control only to the extent the law requires, and never create a right to train on or view Customer Content.

Section 18.1 governs precedence. Material changes to these Terms, including this section and the Schedules, follow section 17. Provider and inventory changes follow section 19.4. Updates to the security measures in Schedule C follow section 5.6. The Content Commitments remain subject to Commitments F and G.

The obligations in this section and the Schedules that protect Customer Content continue for as long as Advocate or its Subprocessors hold any Customer Content, including in backups.

Questions about this section, requests for a countersigned copy of these Terms, security contact designations, provider information requests and applicable Subprocessor objections, and deletion requests go to info@theadvocate.ai or +1 (650) 743-1415. Formal notices follow section 18.11.

Schedule A: Description of processing

Subject matter and purpose

Advocate processes Customer Content to provide the Services to Customer at Customer’s direction. These are the limited and specified business purposes for section 19.3:

• hosting, storing, organizing, and searching the case records that Customer submits, such as discovery, police reports, body-worn camera and other video, audio, transcripts, filings, exhibits, and medical and psychiatric records;
• automated analysis by AI models to produce Outputs for Customer: case summaries; charges broken into elements quoted from model jury instructions; evidence that supports or undermines each element, with citations to the record; available defenses; timelines and current posture; a map of the people and entities in the record, with per-person dossiers exportable to PDF; and video analysis (key moments, transcripts, and multi-camera synchronization);
• Live Hearing: when an Authorized User starts a session, listening to live hearing or deposition audio through the user’s device, transcribing it in real time with generic speaker labels, and flagging testimony that appears to contradict the case record;
• display to Authorized Users, export, and deletion;
• support specifically authorized by Customer under the Content Commitments;
• automated measures that protect the security and availability of the Services, without expanding personnel viewing rights under the Content Commitments; and
• compliance with law as sections 5.3 and 8.3 describe.

Nature of the processing

Receipt, storage, organization, indexing, automated analysis by AI models, real-time capture and transcription of audio at Customer’s direction, extraction of people and entities, compilation of per-person dossiers and timelines, comparison of live testimony against the case record, retrieval, display, export, and deletion. Advocate personnel access Customer Content only as the Content Commitments allow.

Data subjects

Clients, defendants, victims, witnesses, minors, police officers, experts, judges, court personnel, opposing counsel, bystanders, and any other person named, depicted, or recorded in Customer Content, including Authorized Users to the extent they appear in it.

Categories of data

Whatever Customer’s case materials contain. This typically includes identifiers, contact details, images, voices, testimony, statements, criminal allegations and criminal history, health and mental-health information, and other sensitive data. Depending on the matter, it may include government-issued identifiers, location and financial information, and information about minors, victims of sexual or domestic violence, immigration status, race or ethnicity, or sexual orientation.

Profiling-type Outputs

Entity maps and dossiers compile information about individuals. They are generated solely from Customer’s own record, for Customer’s use. Advocate does not compile profiles across customers and makes no decisions about the individuals described.

Live Hearing audio

Live Hearing audio is processed only to produce the transcript while a session is active. Advocate will not retain Live Hearing audio after the session, including in logs or caches. The transcript and flags are kept as Customer Content until Customer deletes them.

Biometric identifiers

Speaker labels are generic labels produced by diarization. Diarization may use temporary voice characteristics to tell speakers apart within a single session; Advocate must configure the feature to discard those characteristics when the session ends and not retain them or use them to identify any individual. Advocate creates no voiceprints, face templates, or other biometric identifiers to identify individuals. If Advocate ever proposed to introduce biometric identifiers, it would first give notice and obtain any consent the law requires.

Safeguards for sensitive data

The Content Commitments and the measures in Schedule C apply to all Customer Content without distinction.

Frequency and duration

Processing is continuous for as long as Customer uses the Services. Retention and deletion follow sections 11 and 19.6.

Subprocessors and contacts

Schedule B describes Subprocessor functions by product. Advocate maintains the internal provider inventory and provides actual provider identities and relevant details privately under section 19.4. Customer’s contacts are its account administrator and any security contact it designates under section 5.4. Advocate’s contact is info@theadvocate.ai, +1 (650) 743-1415.

Schedule B: Processing by product and service function

This overview is current as of the effective date and describes processing by product and service function. Advocate maintains the internal provider inventory and provides actual provider identities and relevant details privately on reasonable request, with additional disclosures where required, under section 19.4. Only a provider that processes Customer Content is a Subprocessor. The final two rows describe authentication and product analytics providers that handle Account Data only and receive no Customer Content. Other Account Data services, including email delivery, demo booking, and payment processing, are described in the Privacy Policy.

Processing by product and no training

Section 4.5 states the enterprise cloud AI no-training commitment and describes the services used for generative AI, real-time transcription, text embeddings, and retrieval. The Content Commitments apply to all Customer Content across the functions in the table above.

Services that are not Subprocessors

A third-party service that Customer chooses to connect, such as an optional read-only calendar connection, is not a Subprocessor. It sends information to the Services at Customer’s direction and does not receive Customer Content from Advocate.

The marketing-website tools that Advocate uses on theadvocate.ai for tag management, site analytics, advertising measurement and remarketing, recording interactions with marketing pages, and demo booking never receive Customer Content and are described in the Privacy Policy.

Schedule C: Security measures

Access control

Authorized Users sign in through a dedicated authentication provider. Within a Customer’s account, only that Customer’s Authorized Users can reach its Customer Content, and an organization’s administrator controls membership, matter-level permissions, and the removal of departing users.

Access by Advocate personnel to the production systems that hold Customer Content is restricted by role to the personnel who need it to operate the Services. Personnel accounts with that access require multi-factor authentication. Technical access is not permission to view. Advocate personnel view Customer Content only as the Content Commitments allow.

Encryption

Customer Content is encrypted in transit between the user’s device and the Services and at rest in file storage, databases, and backups.

Isolation

Customer Content is logically isolated by customer organization. The isolation extends to Derived Content, including indexes, embeddings, and caches. One customer’s Customer Content is never used as context, as a retrieval source, or as an example when generating another customer’s Outputs.

Logging and monitoring

Advocate records each support-access request, the identified issue and material, Customer’s specific authorization, and the resulting access. For an organization, authorization must come from its administrator or a person it authorizes. Access ends when the task is complete or authorization is withdrawn. A general support inquiry or bug report does not authorize content viewing. On request, Advocate will give Customer the record of support access to its Customer Content.

To the extent a system log, error report, or similar operational record contains Customer Content, it is Customer Content, and the Content Commitments and sections 11 and 19.6 apply to it. Product analytics are limited to usage events, as Schedule B states.

Personnel

Advocate will bind each of its personnel who could access Customer Content to written confidentiality obligations that continue after the engagement ends, will instruct them on the Content Commitments before granting access to production systems, and will remove access when a person’s role no longer requires it.

Some Advocate personnel are licensed attorneys. Advocate personnel do not provide legal services through the Services. They will not use any information learned through permitted access for any purpose other than the task for which access was permitted, including in any legal matter.

Incident response

Advocate will investigate suspected incidents, contain and remediate confirmed ones, preserve the relevant records, notify Customer as section 5.4 requires, and keep a record of each Security Incident and its response. Incident response does not independently authorize personnel to view Customer Content; the specific-authorization and legal-requirement limits in the Content Commitments continue to apply.

Business continuity

The Services run on managed cloud infrastructure in the United States. Customer Content is backed up for recovery. Backups are subject to the same encryption, access, and isolation measures as active systems, are used only for recovery or legally required preservation, and are deleted on the schedule in section 11. The Services are not a system of record for original evidence. Section 7.7 explains Customer’s responsibility to keep its originals.

Vendor management

Before engaging a Subprocessor, Advocate will review its security and data-handling terms and confirm that they meet section 19.4, including the prohibition on training. Advocate will maintain Schedule B and the internal provider inventory, review the AI provider configuration when the provider changes its terms or settings, and follow the notice procedure in section 19.4 for changes.

The cloud infrastructure provider publishes independent audit reports and certifications. They cover that provider’s infrastructure. They are not a certification of Advocate, which holds none as of the effective date.