Terms of Service

1. Acceptance of Terms

By accessing and using the website at discovarc.com and any associated software services (collectively, the "Service"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service. These Terms apply to all visitors, users, and customers of the Service.

2. Description of Service

Discovarc, Inc. ("Discovarc", "we", "us", or "our") provides predictive document review, Technology Assisted Review (TAR), and privilege classification software designed to assist legal professionals with e-discovery workflows. The Service is intended for use by:

• Licensed attorneys and law firms engaged in litigation support;
• Corporate legal departments managing document review;
• Litigation support vendors and e-discovery service providers;
• Government and agency legal teams.

The Service is designed to support attorney workflows in connection with legal proceedings. It is not a substitute for legal judgment, and all outputs must be reviewed and approved by qualified legal counsel.

3. Use of the Service

You may use the Service for lawful purposes only, in connection with legitimate legal and business activities. You agree not to:

• Use the Service in any way that violates applicable federal, state, or local laws or regulations;
• Transmit any unsolicited or unauthorized advertising or promotional material;
• Attempt to gain unauthorized access to any part of the Service or its related systems;
• Interfere with the proper working of the Service;
• Upload, process, or store documents that you do not have the legal right to process;
• Use the Service's outputs as a substitute for licensed legal advice or legal representation;
• Represent to any court or opposing party that Discovarc's outputs constitute attorney work product without appropriate attorney review and adoption.

4. Technology Tool Disclaimer

Discovarc's predictive coding and privilege classification systems are designed to assist attorney review — not to replace it. Users acknowledge that:

• Machine learning models produce probabilistic outputs, not legal conclusions;
• Recall and precision metrics describe system performance on training data — they do not guarantee review completeness in any specific matter;
• Privilege classification flags require attorney review before any privilege log is finalized or any document is withheld from production;
• TAR protocol design, seed set selection, and stopping criteria decisions require attorney judgment and may require disclosure under FRCP Rule 26(f) and applicable case management orders;
• Discovarc's outputs do not constitute legal advice and do not create an attorney-client relationship between Discovarc and any end user or their clients.

5. Confidentiality and Data Handling

You retain all rights in documents and data you upload to the Service. Discovarc treats all client matter data as confidential and will not access, use, or disclose such data except as necessary to provide the Service or as required by law. We will not use client document data to train general-purpose machine learning models. For full details, see our Privacy Policy and applicable data processing agreements.

6. Intellectual Property

The Service and its underlying technology, software, algorithms, user interface, documentation, and original content are owned by Discovarc, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right to use Discovarc's trademarks, service marks, or logos without our prior written consent.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION. DISCOVARC DOES NOT WARRANT THAT:

• The Service will be uninterrupted, error-free, or completely secure;
• Any recall, precision, or elusion rate achieved on training data will be achieved on all documents in a given matter;
• The Service's privilege classification outputs will be accepted as defensible by any particular court, tribunal, or opposing party;
• The Service constitutes compliance with any law, regulation, court order, or case management order.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DISCOVARC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, ADVERSE COURT RULINGS, SANCTIONS, PRIVILEGE WAIVERS, OR OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF DISCOVARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DISCOVARC'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO DISCOVARC IN THE 12 MONTHS PRECEDING THE CLAIM.

9. External Links

Our website and Service documentation may contain links to third-party websites, platforms, or resources. These links are provided for your convenience only. Discovarc has no control over the content, privacy practices, or availability of those websites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

10. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

11. Modifications to the Service and Terms

Discovarc reserves the right to modify the Service or these Terms at any time. We will notify you of material changes to these Terms by posting the updated Terms on this page with an updated "Last updated" date. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms. For material changes that affect your contractual rights under a signed service agreement, we will provide written notice.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois.

13. Contact Us

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

• Company: Discovarc, Inc.
• Email: [email protected]
• Phone: +1 (312) 355-3026
• Address: 200 South Wacker Drive, Suite 3800, Chicago, IL 60603