Terms of Service

Table of Contents

Acceptance of Terms

By accessing or using the ABSON.ai platform (the “Platform”), you agree to be bound by these Terms of Service (the “Terms”), the Privacy Policy referenced in Section 15, and, where applicable, the Business Associate Agreement attached as Exhibit A. If Customer and ABSON.ai have executed a separate written agreement governing Customer's use of the Platform, that agreement will control to the extent of any conflict with these Terms.

If you are using the Platform on behalf of an organization (including a law firm, medical practice, insurance carrier, or other entity), you represent that you have the authority to bind that organization to these Terms, and the term “you” refers to both you individually and the organization you represent.

If you do not agree to these Terms, you may not access or use the Platform. Your continued use of the Platform after any modification to these Terms constitutes acceptance of the modified Terms.

Definitions

Account Registration and Access

Account Creation

To use the Platform, you must create an account with accurate and complete registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify ABSON.ai immediately of any unauthorized use of your account.

Multi-Factor Authentication

All accounts require multi-factor authentication (MFA). You agree to configure and maintain MFA on your account as a condition of access. ABSON.ai reserves the right to suspend accounts that do not maintain active MFA.

Organizational Accounts

When registering on behalf of an organization, an Organization Administrator account is created first. The Organization Administrator may add additional users, assign intra-organizational roles (Case Attorney, Case Coordinator, Billing/Finance), and manage the organization's Connections and Platform settings. Individual users within an organization are bound by these Terms through their organization's acceptance.

Physician Expert Accounts

Physician Expert accounts support multi-organization membership. A single account may maintain Connections with multiple Referring Organizations and independently uploaded Cases. Each Connection and each independent Case is governed by these Terms.

Identity Verification

ABSON.ai reserves the right to verify the identity, licensure, and professional status of any user at any time. Providing false or misleading registration information is grounds for immediate account termination.

Platform Description and Permitted Use

Platform Functionality

ABSON.ai is a secure AI-assisted document review platform that ingests, organizes, searches, and analyzes medical records, pleadings, medical-related discovery materials, expert materials, and related case documents to support legal, insurance, healthcare, and expert workflows.

Features may include chronology generation, conversational querying, document comparison, contradiction detection, report drafting support, testimony preparation tools, expert directory services, conflict checking, and secure collaboration.

Permitted Use

The Platform is intended for use by licensed attorneys, Physician Experts, and authorized personnel of Referring Organizations for the purpose of medical record related review in connection with litigation, independent medical examination, peer review, and related professional activities. You may use the Platform only for its intended purposes and in compliance with all applicable laws, regulations, and professional responsibility obligations.

The Platform Does Not Provide Legal or Medical Advice

THE PLATFORM IS A RECORD REVIEW AND ANALYSIS TOOL. IT DOES NOT PROVIDE LEGAL ADVICE, MEDICAL ADVICE, CLINICAL DIAGNOSES, OR PROFESSIONAL OPINIONS. ALL AI-GENERATED ANALYSES, CHRONOLOGIES, ENTITY EXTRACTIONS, GAP ANALYSES, AND REPORT DRAFTS ARE INFORMATIONAL TOOLS INTENDED TO ASSIST LICENSED PROFESSIONALS IN FORMING THEIR OWN INDEPENDENT JUDGMENTS.

USE OF THE PLATFORM DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP, PHYSICIAN-PATIENT RELATIONSHIP, LAW FIRM PARTNERSHIP, JOINT VENTURE, FIDUCIARY RELATIONSHIP, OR OTHER LICENSED PROFESSIONAL RELATIONSHIP BETWEEN ABSON.AI AND ANY USER, CLIENT, PATIENT, OR THIRD PARTY.

ABSON.AI'S RELATIONSHIP WITH USERS IS LIMITED TO PROVIDING TECHNOLOGY SERVICES AND ANY EXPRESS OBLIGATIONS SET FORTH IN APPLICABLE AGREEMENTS.

Professional Responsibility

All users are solely responsible for their use of the Platform and for compliance with all laws, regulations, contractual obligations, and professional standards applicable to their activities and use cases.

Attorneys using the Platform remain solely responsible for complying with all applicable rules of professional conduct, including obligations relating to competence, supervision, confidentiality, and review of AI-assisted work product under applicable law and ethical rules, including ABA Model Rules 5.1 and 5.3 (or their state equivalents). Physician Experts using the Platform remain solely responsible for compliance with all applicable medical licensing requirements, professional standards, and clinical obligations.

The Platform may provide features intended to support users' workflows and compliance efforts; however, the Platform does not provide legal, medical, regulatory, or other professional advice and does not guarantee compliance with any professional, ethical, licensing, regulatory, or legal obligations.

User Obligations and Restrictions

Compliance with Laws

You agree to use the Platform in compliance with all applicable federal, state, and local laws and regulations, including, but not limited to, HIPAA, state privacy laws, attorney professional responsibility rules, and medical licensing requirements.

Accuracy of Uploaded Content

You are solely responsible for the accuracy, completeness, and legality of all content you upload to the Platform. ABSON.ai does not verify the authenticity or completeness of uploaded content.

Independent Verification

You acknowledge and agree that the Platform uses artificial intelligence, machine learning models, automated extraction systems, and probabilistic technologies to generate outputs and assist with analysis. AI-generated output may be inaccurate, incomplete, misleading, fabricated, outdated, improperly attributed, biased, or otherwise unreliable, and may contain errors, omissions, incorrect citations, faulty reasoning, or incomplete analysis.

AI-generated output may include, without limitation, chronologies, entity extractions, summaries, gap analyses, citations, report drafts, testimony preparation materials, recommendations, document classifications, risk assessments, workflows, and other generated content or analytical assistance.

All AI-generated output must be independently reviewed, validated, and verified against the underlying source materials, governing standards, and actual record by an appropriately qualified professional before being relied upon or used for litigation, testimony, regulatory matters, medical or clinical decision-making, claims handling, compliance determinations, business decisions, or any other professional, legal, medical, financial, or operational purpose.

You agree not to rely solely on any AI-generated output. You remain solely responsible for all decisions, actions, advice, filings, disclosures, reports, conclusions, diagnoses, opinions, recommendations, and work product generated, submitted, communicated, or relied upon in connection with your use of the Platform, including verification of all facts, citations, authorities, assumptions, calculations, interpretations, judgments, and contextual considerations.

The Platform does not guarantee the accuracy, completeness, reliability, legality, regulatory sufficiency, or fitness for any particular purpose of any AI-generated output. Use of AI-generated output is at your own risk.

General Restrictions

You agree not to:

• Use the Platform for any purpose other than its intended function
• Upload content that you do not have the legal right to possess or share
• Attempt to reverse engineer, decompile, or extract the Platform's source code, algorithms, prompt templates, or retrieval logic
• Use the Platform to develop, train, or improve a competing product or service
• Use automated tools, scripts, or bots to access the Platform except through documented APIs governed by Section 19
• Share your account credentials with any other person or allow unauthorized access to your account
• Circumvent or attempt to circumvent access controls, case-level data isolation, or organizational boundaries
• Represent AI-generated content as your own original analysis without independent review and verification

Acceptable Use Policy

Prohibited Activities

In addition to the general restrictions in Section 5, the following activities are specifically prohibited:

• Record Fabrication. Uploading fabricated, altered, or falsified medical records to the Platform.
• Harassment and Intimidation. Using the Platform, including AI-generated analyses or testimony preparation tools, to harass, intimidate, or threaten any party to litigation, any witness, or any other individual.
• Opinion Fabrication. Using AI-generated output to fabricate expert opinions, manufacture findings not supported by the underlying records, or present AI-generated conclusions as the independent clinical judgment of a Physician Expert without genuine independent review.
• Account Sharing Across Organizations. Sharing account credentials across law firms, medical practices, or other organizations to circumvent billing, access controls, or case-level data isolation.
• Competitive Intelligence Through Conflict Checking. Using the conflict checking system, Case Access Grant metadata, or Connection information to infer which Referring Organizations are involved in which matters, which experts are engaged on opposing sides, or any other competitive intelligence about other Platform users. Conflict check results are provided solely for conflict-of-interest evaluation and may not be used for any other purpose.
• Directory Circumvention. If Customer first identifies and engages an Expert through a material introduction facilitated by the Platform, and then directly contracts with that Expert outside the Platform within twelve (12) months primarily to avoid applicable Platform fees, ABSON.ai may invoice the standard introduction or placement fee.
• Unauthorized Data Export. Exporting, downloading, or scraping Platform data (including AI-generated analyses, entity indexes, and relationship maps) in bulk for use outside the Platform, except through the Platform's authorized export functions and in compliance with the access level specified in the applicable Case Access Grant.

Enforcement

Violation of the Acceptable Use Policy may result in account suspension, account termination, forfeiture of prepaid fees, and referral to applicable professional disciplinary authorities or law enforcement.

ABSON.ai will provide notice of AUP violations where practicable, but reserves the right to take immediate action when necessary to protect the Platform, its users, or third parties.

Medical Records and Protected Health Information

BAA Prerequisite and Authorized Uploads

Users may upload medical records, protected health information (“PHI”), or other health-related information to the Platform only if they have obtained and maintain all necessary rights, authorizations, consents, patient permissions, court orders, protective orders, data processing agreements, and other lawful authority required under applicable law to disclose such information to ABSON.ai and permit its processing through the Platform.

You are solely responsible for determining whether your intended use of the Platform is subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), state medical privacy laws, or any other healthcare, privacy, or data protection requirements, and for ensuring that any legally required Business Associate Agreement (“BAA”) or similar agreement is fully executed and in effect prior to uploading or processing regulated information through the Platform.

Where applicable law requires ABSON.ai to enter into a BAA or similar agreement in connection with your use of the Platform, execution of a mutually acceptable agreement shall be a prerequisite to such regulated use. If a required BAA or similar agreement is not in effect, you may not upload, submit, process, transmit, or use the Platform for workflows involving information subject to such requirements.

By uploading medical records or health-related information, you represent and warrant that: (i) you are authorized to disclose such information to ABSON.ai; (ii) your disclosure and use of the Platform complies with applicable law and contractual obligations; and (iii) all required notices, consents, authorizations, and agreements necessary for such disclosure and processing have been obtained and remain valid.

ABSON.ai reserves the right to suspend or terminate access to the Platform for any use that it reasonably believes may violate applicable healthcare privacy, confidentiality, or data protection laws or contractual requirements.

ABSON.ai Safeguards

ABSON.ai implements administrative, physical, technical, and organizational safeguards designed to support deployments and workflows intended to comply with applicable HIPAA requirements where applicable and where governed by an executed BAA.

Where required by applicable law and the nature of the services provided, ABSON.ai maintains BAAs or other appropriate contractual protections with applicable subprocessors and service providers that are authorized to receive or process PHI on ABSON.ai's behalf.

User Compliance Obligations

You remain solely responsible for determining whether HIPAA, state medical privacy laws, discovery rules, court orders, protective orders, or other confidentiality obligations apply to your use of the Platform. You further represent and warrant that your use of the Platform complies with all applicable legal and professional obligations.

De-identification

The Platform does not de-identify medical records. You are responsible for determining whether de-identification is required for your use case and for performing de-identification prior to upload if necessary.

AI-Generated Content — Disclaimers and Limitations

Nature of AI Output

The Platform uses artificial intelligence, including large language models and natural language processing, to analyze records and generate outputs including chronologies, entity extractions, gap analyses, chat responses, report drafts, and testimony preparation materials. All AI-generated outputs are probabilistic and may contain errors, omissions, misclassifications, or inaccuracies.

Citation Accuracy

The Platform is designed to cite specific source documents and page numbers for each factual claim in AI-generated responses. While the Platform provides citations, citations may reference incorrect pages, misattribute findings to the wrong provider, or fail to identify relevant records. Users must independently verify all citations against the original source documents.

No Guarantee of Completeness

AI-generated analyses, including gap analysis and entity extraction, may not identify all relevant findings, deviations, or patterns within a case record. The absence of an identified finding in the AI output does not mean the finding does not exist in the record. Users are responsible for conducting their own review of the underlying records to supplement AI-generated analysis.

No Clean Bill of Health

THE ABSENCE OF AI-IDENTIFIED CONCERNS, DEVIATIONS, GAPS, ANOMALIES, OR CLINICALLY SIGNIFICANT FINDINGS IN ANY PLATFORM OUTPUT DOES NOT MEAN THAT NO SUCH ISSUES EXIST IN THE UNDERLYING MEDICAL RECORD OR RELATED MATERIALS. THE PLATFORM MAY FAIL TO IDENTIFY RELEVANT FACTS, EVENTS, CONDITIONS, DOCUMENTATION ISSUES, STANDARD-OF-CARE CONCERNS, CAUSATION ISSUES, DAMAGES, OR OTHER CLINICALLY OR LEGALLY SIGNIFICANT INFORMATION.

THE PLATFORM'S OUTPUT IS LIMITED BY, AMONG OTHER THINGS, THE QUALITY, COMPLETENESS, LEGIBILITY, ORGANIZATION, AND AVAILABILITY OF UPLOADED RECORDS, THE LIMITATIONS OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES, MODEL TRAINING LIMITATIONS, DATA EXTRACTION ERRORS, AND THE INHERENT LIMITATIONS OF AUTOMATED MEDICAL, CLINICAL, AND LEGAL ANALYSIS.

ANY NEGATIVE, LOW-RISK, OR NO-ISSUE SCREENING RESULT MUST NOT BE INTERPRETED AS: (I) CONFIRMATION THAT THE MEDICAL CARE AT ISSUE MET THE APPLICABLE STANDARD OF CARE; (II) A DETERMINATION THAT NO MEDICAL ERROR, NEGLIGENCE, INJURY, CAUSATION ISSUE, OR REGULATORY VIOLATION OCCURRED; (III) A LEGAL OPINION REGARDING LIABILITY, DAMAGES, DEFENSES, OR CLAIM VIABILITY; OR (IV) A SUBSTITUTE FOR INDEPENDENT REVIEW BY A QUALIFIED PROFESSIONAL.

Vision AI Limitations

The Platform may use computer vision, vision AI, or other machine learning technologies to analyze clinical images and related materials, including radiology studies, EKG tracings, wound photographs, pathology slides, and similar medical imagery. Any vision-derived analysis, description, annotation, extraction, recommendation, or finding is preliminary in nature, may contain errors, omissions, inaccuracies, false positives, or false negatives, and is not a substitute for review or interpretation by a qualified physician, radiologist, pathologist, cardiologist, or other appropriate specialist.

Vision-derived output may be incomplete, unreliable, improperly classified, or clinically inaccurate due to image quality limitations, incomplete records, technical limitations, model limitations, artifacts, formatting issues, or the inherent limitations of automated image analysis technologies.

ABSON.ai may identify or label certain outputs as vision-derived or indicate their provenance to help distinguish them from text-extracted or user-provided information; however, ABSON.ai does not guarantee the accuracy, completeness, traceability, or correct attribution of any such labeling or provenance metadata.

Analysis Modes

The Platform may support multiple analysis modes (Plaintiff, Defense, Objective) that adjust the AI's analytical framework. Switching between modes may produce different characterizations of the same clinical findings. No analysis mode guarantees a particular legal or clinical conclusion. The selection and application of an analysis mode does not constitute legal advice or clinical opinion.

Covered Entity and BAA-Regulated Data

Where ABSON.ai has entered into an effective Business Associate Agreement (“BAA”) with a customer in connection with the customer's lawful use of the Platform as a HIPAA Covered Entity or Business Associate, ABSON.ai will process Protected Health Information (“PHI”) subject to the BAA in accordance with the applicable BAA and applicable law.

Unless expressly permitted by the applicable BAA or required by applicable law, ABSON.ai does not use PHI subject to an applicable BAA for generalized public model training, unrelated foundation model development, or unrelated artificial intelligence development outside the scope of the services authorized under the applicable BAA.

Protected Legal Workflows

ABSON.ai processes Protected Legal Workflow Content solely as reasonably necessary to provide, operate, maintain, secure, support, troubleshoot, improve, and enhance the Platform and related services for the applicable customer, Case, or authorized workflow.

ABSON.ai does not use Protected Legal Workflow Content for generalized public model training, unrelated foundation model development, or unrelated commercial artificial intelligence development.

Access to Protected Legal Workflow Content is restricted to authorized personnel with a legitimate operational, security, legal compliance, or customer-support-related need to know and is subject to applicable confidentiality obligations and internal access controls. Authorized personnel may access Protected Legal Workflow Content solely as reasonably necessary to:

• provide customer support;
• troubleshoot technical issues;
• maintain Platform security and functionality;
• investigate abuse or violations of these Terms; or
• comply with applicable legal obligations.

ABSON.ai is intended to support confidential legal workflows and to facilitate users' efforts to maintain applicable attorney-client privilege and attorney work-product protections. However, ABSON.ai does not represent or guarantee that any particular content, communication, workflow, or output will be protected from disclosure, discovery, waiver, or compelled production under applicable law.

ABSON.ai may provide functionality allowing users to designate specific materials as Protected Legal Workflow Content. Users must not designate ordinary source records, medical records, evidentiary materials, or other underlying case materials as Protected Legal Workflow Content solely to restrict ABSON.ai's otherwise permitted operational activities under these Terms. ABSON.ai reserves the right to reject or remove designations that are abusive, technically incompatible with Platform functionality, or clearly inconsistent with the intended purpose of the designation workflow.

Data Ownership and Intellectual Property

Your Content

You retain all ownership rights in Your Content. Subject to the licenses and rights expressly granted in these Terms, nothing in these Terms transfers ownership of Your Content to ABSON.ai.

You grant ABSON.ai and its affiliates, contractors, subprocessors, cloud providers, infrastructure providers, artificial intelligence providers, and service providers engaged in connection with the operation of the Platform a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, analyze, transmit, display, index, retrieve, embed, modify, transform, reformat, create temporary copies of, and otherwise use Your Content, including Protected Legal Workflow Content, as reasonably necessary to provide, operate, maintain, secure, support, troubleshoot, improve, and enhance the Platform and related services for you, the Case, or authorized workflow. This operational license includes use of Your Content for:

• document ingestion and processing;
• OCR, indexing, search, retrieval, semantic analysis, and embedding generation;
• conversational querying and AI-assisted workflow functionality;
• generation of chronologies, summaries, citations, analyses, and related outputs;
• system monitoring, debugging, quality assurance, abuse prevention, and security;
• backup, synchronization, caching, and disaster recovery operations; and
• related operational and technical purposes reasonably necessary to provide the Platform.

Nothing in this Section authorizes ABSON.ai to use Your Content for generalized public model training, unrelated foundation model training, or unrelated commercial artificial intelligence model development except as expressly authorized by these Terms, a separate written agreement, or an applicable BAA.

ABSON.ai may use non-Protected Legal Workflow Content internally to develop, improve, test, validate, optimize, and support Platform features, workflows, extraction logic, classification systems, document-processing rules, search functionality, quality assurance processes, security protections, and related operational capabilities, provided such use is performed in accordance with applicable confidentiality, privacy, security, and contractual obligations. Protected Legal Workflow Content will not be used for generalized product training, unrelated model development, or broader platform improvement purposes except as expressly authorized in writing by you.

You represent and warrant that you have all rights, permissions, authorizations, consents, and legal basis necessary to upload, disclose, process, and permit the use of Your Content as contemplated by these Terms.

ABSON.ai Intellectual Property

The Platform, including its software, algorithms, artificial intelligence systems, machine learning models, prompt templates, retrieval logic, workflows, user interface, documentation, analytics, visualizations, and underlying technology, together with all modifications, enhancements, improvements, derivative works, and related intellectual property rights therein, are and remain the intellectual property of ABSON.ai and its licensors.

These Terms do not grant you any ownership interest in the Platform or its underlying technology. Except as expressly permitted by these Terms, you must not copy, modify, distribute, sublicense, reverse engineer, decompile, disassemble, scrape, benchmark, or create derivative works from any portion of the Platform.

AI-Generated Protected Legal Workflow Content

Subject to ABSON.ai's ownership of the Platform and underlying technology, AI-generated outputs created specifically for your Cases or workflows are owned by you and may be used by you for your professional, legal, clinical, operational, or business purposes. ABSON.ai claims no ownership interest in case-specific AI-generated outputs constituting Protected Legal Workflow Content. AI-generated outputs may not be unique, and similar or identical outputs may be generated for other users.

Third-Party Providers and Subprocessors

ABSON.ai may use affiliates, contractors, subprocessors, cloud providers, infrastructure providers, and third-party service providers, including artificial intelligence, machine-learning, OCR, transcription, hosting, storage, analytics, and data-processing providers, in connection with the operation and provision of the Platform. ABSON.ai will require such parties to be subject to confidentiality and data protection obligations reasonably appropriate to the nature of the services provided.

Feedback

If you provide feedback, suggestions, enhancement requests, recommendations, corrections, or other input regarding the Platform (“Feedback”), you grant ABSON.ai a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, modify, incorporate, commercialize, and otherwise exploit such Feedback without restriction or obligation to you.

Multi-Portal Architecture and Cross-Organization Sharing

Separate Portals

The Platform may provide separate portal experiences for Counsel (attorneys), Physician Experts, and IME/Peer Review physicians. Each portal may be designed for the applicable user type's workflows, permissions, and access requirements. Your use of a particular portal does not entitle you to access functionality, records, features, or data reserved for other portal types or organizations.

Case Access Grants

When a Referring Organization shares a Case with a Physician Expert, the Platform creates a Case Access Grant defining the scope, access level, permissions, and duration of the Physician Expert's authorized access. The Referring Organization controls the Grant configuration and may modify or revoke it at any time, subject to applicable law and contractual obligations.

A Physician Expert may accept or decline a Grant before gaining access to shared Case materials. The Referring Organization, Physician Expert, and other applicable users remain solely responsible for conducting and resolving any required conflict, independence, ethical, professional, or disclosure reviews associated with the engagement. The Platform may provide conflict-checking, screening, disclosure, or workflow-support tools, but ABSON.ai does not guarantee the availability, accuracy, completeness, or sufficiency of any such functionality and is not responsible for determining whether any conflict or disqualifying condition exists.

Data Isolation

Each Case is logically segregated through authorization controls, access restrictions, and data-partitioning mechanisms intended to limit access to authorized users and permitted workflows. Records, analyses, annotations, and Protected Legal Workflow Content associated with one Case are intended to remain inaccessible to users not authorized for that Case, regardless of whether the same user participates in multiple Cases.

The Platform is designed to enforce organizational boundaries between Referring Organizations, Physician Experts, and other users. A Referring Organization is not permitted to access another organization's Cases, Connections, engagement data, or Protected Legal Workflow Content. Similarly, a Physician Expert's independent Cases and related Protected Legal Workflow Content are intended to remain inaccessible to connected Referring Organizations except to the extent expressly shared through an authorized Case Access Grant.

Revocation

When a Referring Organization revokes a Case Access Grant, the Physician Expert's access to the shared Case materials terminates within a commercially reasonable time following the revocation request, subject to temporary delays caused by system maintenance, synchronization processes, network interruptions, force majeure events, or other operational conditions beyond ABSON.ai's reasonable control.

Protected Legal Workflow Content independently created, generated, or developed by the Physician Expert during the engagement may remain preserved in archived form accessible only to the Physician Expert, subject to applicable law, court orders, legal holds, contractual obligations, and the Platform's retention policies. Revocation of a Grant does not require deletion of such independently created Protected Legal Workflow Content.

Post-Connection Case Handling

If a Connection between a Referring Organization and a Physician Expert is terminated, active Case Access Grants associated with that Connection may either: (a) remain active until their stated expiration, completion of the engagement, or other designated termination condition; or (b) be revoked at the election of the terminating party or as otherwise required by applicable law, court order, professional obligations, or contractual requirements. New Case Access Grants may not be created under a terminated Connection unless the Connection is subsequently reinstated or reauthorized through the Platform's applicable workflow.

Protected Legal Workflow Content Privacy and Release

Privacy by Default

Protected Legal Workflow Content created, generated, or developed within a shared Case is private by default unless affirmatively shared through the Platform with authorized users participating in the applicable workflow or as configured by the Referring Organization.

The Platform may display limited workflow or engagement status indicators (such as engagement acceptance, review status, or report completion state), but is otherwise designed to restrict unauthorized access to unreleased Protected Legal Workflow Content.

Authorized sharing of Protected Legal Workflow Content within the Platform is intended to facilitate collaborative professional workflows and does not, by itself, determine, waive, diminish, or alter any otherwise applicable attorney-client privilege, attorney work-product protection, confidentiality obligation, consulting expert protection, peer review protection, or similar legal protection under applicable law.

Disclosure, export, transmission, or sharing of Protected Legal Workflow Content outside the Platform may involve separate legal and professional considerations for which users remain solely responsible.

Release Mechanism

When an authorized user shares Protected Legal Workflow Content through the Platform, the sharing action is intended to be explicit, auditable, and granular. The sharing user may select specific content for sharing and confirm the action through the applicable Platform workflow.

Protected Legal Workflow Content shared through the Platform may not ordinarily be withdrawn or hidden through the standard Platform interface, although updated, supplemental, corrected, or replacement materials may subsequently be shared.

Archival Access

If a Case Access Grant is revoked, terminated, or expires, Protected Legal Workflow Content may remain retained within the Platform in accordance with applicable law, court orders, legal holds, contractual obligations, and Platform retention policies.

For users acting within a Referring Organization's own portal or organizational workspace, access to Protected Legal Workflow Content may continue for other authorized members of that organization in accordance with the organization's administrative controls, user permissions, retention settings, and internal workflows, including following personnel departures, role changes, or account deactivations.

For Physician Experts and other independent external users operating through separate portal environments, revocation or termination of a Case Access Grant does not automatically grant the Referring Organization access to Protected Legal Workflow Content that was not affirmatively shared through an authorized Platform workflow.

Revocation, termination, expiration, reassignment, or loss of access does not automatically determine, waive, diminish, or alter any applicable attorney-client privilege, attorney work-product protection, peer review protection, quality assurance protection, consulting expert protection, confidentiality obligation, or other legal protection that may apply to Protected Legal Workflow Content.

Expert Directory

Opt-In Participation

If available, the Expert Directory is an optional Platform feature. Physician Experts may enable, disable, suspend, or modify their directory participation and listing visibility at any time, subject to applicable engagements, contractual obligations, and Platform functionality. Participation in or use of the Expert Directory constitutes acceptance of this Section 12 and any applicable marketplace, payment, referral, or engagement terms incorporated into these Terms.

Profile Accuracy

If you participate in the Expert Directory as a Physician Expert, you represent and warrant that all information included in your directory profile, including specialties, board certifications, medical licenses, practice history, geographic availability, qualifications, and experience, is accurate, complete, and current. You agree to promptly update your profile if any such information changes.

ABSON.ai may, but is not obligated to, review, verify, monitor, validate, screen, or audit credentials, licensure status, disciplinary history, sanctions, exclusions, certifications, or other profile information through third-party databases, licensing authorities, certifying boards, publicly available records, or other sources. ABSON.ai reserves the right to remove, suspend, limit, flag, or annotate profiles containing inaccurate, misleading, unverifiable, expired, or incomplete information.

No Endorsement

Inclusion in the Expert Directory does not constitute an endorsement, recommendation, referral guarantee, credentialing determination, certification, or representation by ABSON.ai regarding any Physician Expert's qualifications, availability, suitability, independence, competence, credibility, or fitness for a particular matter, engagement, testimony, or professional purpose.

ABSON.ai does not employ, supervise, direct, control, or manage Physician Experts and is not responsible for the acts, omissions, opinions, testimony, analyses, reports, services, credentials, conduct, availability, billing practices, scheduling, disclosures, or representations of any Physician Expert listed in the Expert Directory.

Referring Organizations and other users remain solely responsible for independently evaluating, vetting, selecting, retaining, supervising, and monitoring any Physician Expert, including independently verifying credentials, licensure, conflicts, disciplinary history, experience, independence, and suitability for the applicable engagement.

ABSON.ai personnel may from time to time provide informational introductions, suggestions, referrals, matching assistance, or identification of potential Physician Experts in response to user inquiries or as part of customer support, concierge, or engagement facilitation services. Any such introduction, suggestion, referral, or identification is provided solely as a convenience and does not constitute an endorsement, recommendation, credentialing determination, representation, guarantee, or warranty regarding the Physician Expert's qualifications, independence, availability, suitability, credibility, testimony, licensure, or fitness for any particular matter or engagement. Users remain solely responsible for conducting their own independent evaluation, diligence, conflict review, credential verification, and professional judgment before retaining or engaging any Physician Expert.

Directory Protection Period

Connections initiated through the Expert Directory may be subject to a Directory Protection Period of twelve (12) months beginning on the date the applicable Connection is first established through the Platform. During the Directory Protection Period, Referring Organizations agree not to knowingly circumvent the Platform for the purpose of avoiding Platform fees in connection with engagements arising directly from a Directory-initiated Connection.

Nothing in this Section prohibits parties from maintaining independent professional relationships or engaging outside the Platform following expiration of the applicable Directory Protection Period.

ABSON.ai reserves the right to investigate suspected fee circumvention, off-platform solicitation, or misuse of Directory-derived contact information and may suspend or terminate accounts, restrict access to the Expert Directory, recover unpaid fees, or pursue other remedies permitted under these Terms or applicable law.

Conflict Checking

Automated Conflict Screening

The Platform may provide automated or manual conflict-screening, disclosure, matching, workflow, or engagement-management tools intended to assist users in identifying, documenting, evaluating, or managing potential conflicts of interest, independence concerns, or related professional obligations. Any such functionality is provided solely as a convenience and support tool. Users remain solely responsible for conducting their own independent conflict analysis, diligence, disclosures, professional review, and ethical determinations in accordance with applicable law, professional obligations, court rules, contractual requirements, and rules of professional conduct.

ABSON.ai does not guarantee that any conflict-screening functionality will be available, enabled, accurate, complete, current, sufficient, or suitable for any particular engagement, jurisdiction, organization, workflow, or professional obligation.

Limitations of Automated Screening

Any conflict-screening functionality made available through the Platform may rely on incomplete, user-provided, historical, inferred, third-party, or otherwise limited information and may fail to identify actual conflicts or may identify non-existent conflicts. Conflict-screening functionality may not detect conflicts arising from off-Platform engagements, external professional relationships, prior representations, financial interests, institutional affiliations, expert testimony history, consulting relationships, business interests, personal relationships, litigation strategy considerations, or other circumstances outside the information available to the Platform. Any automated matching, comparison, inference, or screening process may produce false positives, false negatives, incomplete results, or inaccurate determinations. Users remain solely responsible for identifying, evaluating, disclosing, managing, and resolving all actual or potential conflicts of interest.

Conflict Resolution

Where available, the Platform may provide workflows allowing users to document conflict disclosures, decline engagements, request additional information, record waivers, maintain internal notes, or otherwise manage engagement-related conflict review processes. ABSON.ai does not determine whether a conflict exists, whether a waiver is appropriate, whether disclosure is sufficient, or whether any engagement complies with applicable professional, ethical, legal, contractual, or institutional obligations. Users are solely responsible for all conflict-related determinations and related documentation.

Multi-Party Litigation

Any conflict-screening functionality is not intended to comprehensively evaluate conflicts arising in mass tort proceedings, multidistrict litigation, coordinated litigation, class actions, consolidated proceedings, institutional representations, or other multi-party matters. Users participating in such matters remain solely responsible for independently evaluating litigation-level, party-level, organizational, institutional, and subject-matter conflicts based on the specific facts, applicable law, and applicable professional obligations governing their engagements.

Prohibited Use of Conflict Data

Any conflict-screening results, disclosures, indicators, status information, or related workflow information made available through the Platform are provided solely for supporting potential conflict-of-interest evaluation and engagement management. Users must not use conflict-related information to infer confidential information, litigation strategy, competitive intelligence, business relationships, engagement history, opposing-party activity, expert retention activity, or other non-permitted information regarding Platform users or third parties. Such conduct may constitute a violation of these Terms and the Acceptable Use Policy.

Security and Data Protection

Security Measures

ABSON.ai implements and maintains commercially reasonable administrative, physical, technical, and organizational safeguards designed to protect the confidentiality, integrity, availability, and security of data processed through the Platform in accordance with applicable law and industry practices.

ABSON.ai may modify, replace, upgrade, or discontinue specific security technologies, infrastructure providers, encryption standards, vendors, or security practices from time to time in furtherance of Platform security, operational requirements, technological developments, legal compliance, or evolving industry standards.

Infrastructure

The Platform primarily operates through infrastructure and hosting environments located within the United States, and customer data is primarily stored within United States-based systems.

ABSON.ai may utilize employees, contractors, affiliates, subprocessors, technical support personnel, developers, and service providers located in the United States or other jurisdictions in connection with the operation, support, maintenance, security, and improvement of the Platform. Such personnel may access customer data only as reasonably necessary to perform authorized functions and are subject to applicable confidentiality, security, and access-control obligations.

Audit Trail

The Platform may maintain audit logs, access records, operational telemetry, workflow records, system event logs, security records, sharing records, access revocation records, and related operational data associated with Platform activity. Unless otherwise required by applicable law, court order, legal hold, contractual obligation, operational necessity, security requirements, or ABSON.ai retention policies, audit and system records are generally retained for seven (7) years.

ABSON.ai implements commercially reasonable measures designed to maintain the integrity, security, and availability of audit logs and operational records consistent with applicable law and industry practices. However, audit logs, telemetry, and operational records may be subject to technical limitations, retention limits, system failures, security incidents, corruption, inadvertent alteration, delays, or unavailability, and ABSON.ai does not guarantee that such records will be complete, immutable, continuously available, or sufficient for every legal, evidentiary, forensic, regulatory, or compliance purpose.

Breach Notification

In the event ABSON.ai determines that a Security Incident affecting customer data requires notification under applicable law or contractual obligations, ABSON.ai will provide notice in accordance with applicable federal and state laws, including, where applicable, the HIPAA Breach Notification Rule, state data breach notification statutes, and the FTC Health Breach Notification Rule.

Unless a shorter notification period is required by applicable law or contractual obligation, any required notification will be provided without unreasonable delay following confirmation of the applicable Security Incident and completion of a reasonable investigation. ABSON.ai may delay notification where permitted or required by applicable law, law enforcement requests, national security considerations, containment efforts, remediation activities, or reasonable incident investigation procedures.

Privacy Policy

ABSON.ai's collection, use, disclosure, storage, retention, processing, and handling of personal information, health information, usage data, and other customer data is governed by the ABSON.ai Privacy Policy, as updated from time to time and made available through the Platform or ABSON.ai's website (the “Privacy Policy”). The Privacy Policy is incorporated into these Terms by reference. To the extent a direct conflict exists between these Terms and the Privacy Policy regarding the handling of personal information or regulated data, the Privacy Policy will control with respect to those matters.

By using the Platform, submitting information, or uploading content, you acknowledge and agree that your information may be collected, processed, used, disclosed, retained, and handled as described in these Terms and the Privacy Policy. You represent and warrant that you have obtained all rights, permissions, authorizations, consents, notices, court authority, protective orders, or other legal basis necessary to upload, disclose, share, and permit processing of any content submitted to the Platform.

Where applicable law requires additional notice, authorization, acknowledgment, or explicit consent for specific processing activities, users remain responsible for obtaining such permissions unless ABSON.ai expressly agrees in writing to obtain them.

Confidential Information

Solely in connection with a user's authorized access to and use of the Platform under these Terms, the parties may receive certain nonpublic information constituting Confidential Information of the other party. Confidential Information includes, without limitation:

• nonpublic business information;
• pricing and commercial terms;
• security documentation and practices;
• nonpublic product functionality;
• nonpublic customer data;
• Protected Legal Workflow Content; and
• other nonpublic information that reasonably should be understood to be confidential based on the nature of the information or circumstances of disclosure.

Confidential Information does not include de-identified information, aggregated datasets, derivative datasets, embeddings, machine learning artifacts, synthetic data, analytical patterns, statistical information, telemetry, or other information, models, or artifacts that ABSON.ai is expressly permitted to create, use, retain, commercialize, license, disclose, or exploit under these Terms.

Confidential Information does not include information that:

• is or becomes publicly available without breach of these Terms;
• was lawfully known to the receiving party without confidentiality obligations;
• is independently developed without use of Confidential Information; or
• is lawfully obtained from a third party without restriction.

Use and Protection of Confidential Information

The receiving party will:

• use Confidential Information solely for purposes of performing under these Terms, providing the Platform, or using the Platform as authorized under these Terms;
• not disclose Confidential Information except to personnel, contractors, affiliates, advisors, subprocessors, or service providers with a legitimate need to know and who are bound by confidentiality obligations; and
• implement reasonable administrative, technical, physical, and organizational safeguards designed to protect Confidential Information from unauthorized access, use, or disclosure.

Required Disclosure

A party may disclose Confidential Information where required by applicable law, subpoena, court order, regulatory request, professional obligation, or legal process, provided the receiving party may provide notice where legally permitted and reasonably practicable.

Survival of Confidentiality Obligations

The obligations set forth in this Section survive termination of these Terms and continue for so long as the applicable Confidential Information remains nonpublic; provided, however, that obligations relating to Protected Legal Workflow Content, information subject to attorney-client privilege, attorney work-product protection, peer review protection, quality assurance protection, consulting expert protection, or similar legal protections, PHI subject to an applicable Business Associate Agreement, and trade secrets survive for so long as such information remains protected under applicable law or these Terms.

Data Retention and Deletion

Default Retention

Unless otherwise configured by the applicable organization, required by applicable law, or governed by a separate written agreement, Case data, including uploaded records, Protected Legal Workflow Content, AI-generated analyses, workflow records, and associated metadata, is generally retained for seven (7) years following the last material activity associated with the applicable Case. Retention periods may vary based on organizational settings, applicable law, legal holds, contractual obligations, dispute resolution requirements, operational needs, security requirements, backup schedules, or Platform retention policies.

Configurable Retention

Where supported by the Platform, Referring Organizations, Physician Experts, and other authorized organizations may configure retention settings for applicable Cases, workspaces, or organizational environments, including shorter or longer retention periods where permitted by applicable law and Platform functionality. Retention configuration options may vary by subscription tier, organizational role, workflow type, technical limitations, legal obligations, or operational requirements.

Certified Deletion

At the expiration of an applicable retention period, or following a validated deletion request where supported by the Platform and permitted by applicable law, ABSON.ai may delete or de-identify applicable Case data from active production systems within a commercially reasonable period.

Notwithstanding the foregoing, deletion requests and retention expirations do not require ABSON.ai to delete, destroy, or cease using de-identified information, aggregated datasets, derivative datasets, embeddings, machine learning artifacts, trained models, analytical patterns, or other information or artifacts retained or developed in accordance with these Terms. ABSON.ai may also retain data, logs, backups, audit records, operational telemetry, legal hold materials, security records, de-identified information, aggregated datasets, and other retained information as permitted under these Terms, applicable law, contractual obligations, dispute resolution requirements, security practices, backup procedures, or operational retention policies.

Deletion from active systems does not guarantee immediate deletion from backups, archives, disaster recovery systems, logs, retained audit records, derived datasets, trained models, de-identified datasets, or operational records. Where offered by the Platform, deletion confirmations or administrative deletion reports may be provided for informational purposes only and do not constitute a representation that all copies, derivatives, backups, model artifacts, or retained records have been permanently deleted from every system or environment.

No System-of-Record or Archival Storage Obligation

The Platform is designed as a workflow, collaboration, analysis, and case-management tool and is not intended to serve as a customer's sole system of record, permanent archival repository, litigation hold system, medical record custodian, or long-term backup solution.

Users remain solely responsible for maintaining independent copies of original source records, medical records, evidentiary materials, filings, work product, reports, and other important data in systems and repositories maintained by the user or appropriate third parties. ABSON.ai does not guarantee perpetual retention, permanent storage, indefinite accessibility, or recovery of any data, records, uploads, analyses, outputs, or Protected Legal Workflow Content stored within the Platform.

Billing and Payment

Pricing

Access to and use of the Platform may be subject to subscription fees, usage-based fees, transaction fees, professional service fees, marketplace fees, storage fees, AI processing fees, or other charges described in the applicable order form, pricing schedule, subscription plan, invoice, or Platform interface.

Current standard pricing, if publicly offered, may be displayed through the Platform or ABSON.ai's website. ABSON.ai reserves the right to modify pricing, billing models, usage metrics, subscription structures, or fee schedules at any time upon reasonable advance notice, except where otherwise prohibited by applicable law or expressly restricted by a separate written agreement.

Billing Attribution

Unless otherwise specified in a separate written agreement or applicable workflow configuration, billing responsibility is determined based on the applicable Case configuration, organizational relationship, subscription structure, and Platform workflow at the time the applicable services are initiated or consumed.

Where a Referring Organization shares a Case with a Physician Expert through the Platform, the Referring Organization may be designated as the billing party for the applicable Case, workflow, or engagement. Physician Experts may incur separate charges for independently created Cases, subscriptions, storage, AI processing, or other Platform usage not covered by a Referring Organization.

Payment Terms

Fees are due and payable in accordance with the applicable subscription plan, order form, invoice, billing workflow, or payment terms presented through the Platform or otherwise agreed in writing. Unless otherwise stated in writing, invoiced amounts are due within thirty (30) days following the invoice date.

If payment is overdue, ABSON.ai may suspend, limit, or terminate access to the Platform, restrict functionality, disable workflows, withhold exports, revoke access to certain features, or apply late fees or interest to the maximum extent permitted by applicable law. Suspension or restriction of access does not require deletion of Case data, audit records, retained backups, billing records, or retained information otherwise maintained under these Terms.

Disputed Charges

To dispute a charge, you must provide written notice to ABSON.ai within thirty (30) days following the applicable invoice date, identifying the specific disputed charges and the basis for the dispute with reasonable detail. Undisputed amounts remain due and payable in accordance with the applicable payment terms. Failure to dispute a charge within the applicable dispute period constitutes acceptance of the applicable invoice except to the extent prohibited by applicable law.

Taxes

All fees, charges, and amounts payable under these Terms are exclusive of taxes, duties, levies, tariffs, assessments, and governmental charges of any kind, including sales, use, value-added, goods and services, withholding, and similar taxes. You are responsible for all applicable taxes associated with your use of the Platform, except taxes based solely on ABSON.ai's net income, property, or employees.

Platform Availability and Service Level

Availability Commitment

Except for beta features, trial services, experimental functionality, scheduled maintenance, emergency maintenance, force majeure events, third-party service interruptions, or services expressly designated as excluded from service-level commitments, ABSON.ai will use commercially reasonable efforts to maintain monthly Platform availability of at least ninety-five percent (95%).

ABSON.ai may perform scheduled or emergency maintenance, security remediation, upgrades, modifications, infrastructure changes, or other operational activities that may temporarily affect Platform availability or functionality. Where reasonably practicable, ABSON.ai will endeavor to provide advance notice of scheduled maintenance events.

Service Credits

In the event of a material Platform outage, prolonged service interruption, or significant degradation of Platform functionality, ABSON.ai may provide affected customers with service credits, account adjustments, service extensions, or other commercially reasonable accommodations.

Unless otherwise expressly provided in a separate written agreement, any service credits issued by ABSON.ai for a particular outage, interruption, or service event shall not exceed five percent (5%) of the fees actually paid for the affected Case or affected Platform services directly impacted by the applicable service issue. To be considered for any service credit or accommodation, the affected customer must submit written notice to ABSON.ai describing the applicable service issue within thirty (30) days following the applicable outage, interruption, or degradation event.

Any service credits or accommodations are non-transferable; may only be applied toward future Platform services unless otherwise determined by ABSON.ai; are not refundable or redeemable for cash; and constitute the customer's sole and exclusive remedy for Platform availability, downtime, interruption, degradation, or related performance issues unless otherwise expressly provided in a separate written agreement.

Exclusions

Platform interruptions, delays, downtime, degraded performance, or functionality limitations may result from factors outside ABSON.ai's reasonable control, including internet infrastructure failures, telecommunications failures, cyberattacks, distributed denial-of-service attacks, force majeure events, failures or interruptions of third-party providers, artificial intelligence providers, cloud infrastructure providers, subprocessors, contractors, customer systems or networks, emergency maintenance, security remediation activities, unsupported configurations, misuse, unauthorized access, or violations of these Terms. ABSON.ai is not responsible for downtime, delays, degradation, or interruptions arising from such excluded events or conditions.

API Access and Third-Party Integrations

API Availability

ABSON.ai may provide documented application programming interfaces (“APIs”) and related developer tools for programmatic interaction with certain Platform functionality, features, workflows, data, or services. API access may be limited to eligible subscription plans, approved use cases, designated environments, usage thresholds, technical requirements, security requirements, or separate written agreements. ABSON.ai reserves the right to enable, restrict, modify, suspend, condition, or discontinue API access or functionality at any time in its discretion, subject to any applicable separate written agreement.

API Terms

Your use of any API or developer functionality provided by ABSON.ai is subject to these Terms, applicable API documentation, technical requirements, security requirements, usage policies, and any additional developer or integration terms provided by ABSON.ai.

• Authentication and Credential Security. API requests must be authenticated using credentials, API keys, OAuth tokens, certificates, or other authentication mechanisms approved by ABSON.ai. You are responsible for maintaining the confidentiality and security of API credentials and must not share credentials, expose credentials in publicly accessible repositories or client-side code, or permit unauthorized access to API functionality.
• Rate Limits and Usage Restrictions. API usage may be subject to rate limits, throughput limits, storage limits, concurrency restrictions, usage quotas, billing thresholds, or technical restrictions published through the Platform, developer documentation, or applicable order forms. ABSON.ai may modify, throttle, suspend, restrict, or enforce usage limitations at any time to protect Platform stability, security, integrity, operational performance, or compliance obligations.
• Prohibited API Uses. You must not use the API or developer functionality to: scrape, harvest, index, or bulk-extract Platform data except as expressly authorized; circumvent Platform access controls, organizational boundaries, billing systems, usage metering, retention controls, or security restrictions; build, train, benchmark, evaluate, or improve competing products, models, or services; interfere with Platform performance, security, availability, or integrity; or access or attempt to access data, workflows, Cases, or organizational environments for which you are not authorized.
• API Changes and Deprecation. ABSON.ai may modify, update, deprecate, restrict, replace, suspend, or discontinue APIs, endpoints, schemas, authentication methods, response formats, or developer functionality from time to time. Where reasonably practicable, ABSON.ai will endeavor to provide advance notice of material breaking changes, except where immediate changes are necessary for security, legal compliance, abuse prevention, operational integrity, third-party provider requirements, or emergency remediation purposes.

Third-Party Integrations

The Platform may support integrations, connectors, exports, imports, workflows, or interoperability with third-party systems, applications, document management systems, electronic health record systems, storage providers, identity providers, or other external services. Third-party integrations may require separate accounts, credentials, licenses, permissions, subscriptions, or agreements with the applicable third-party providers.

ABSON.ai does not control and is not responsible for the availability, interoperability, security, performance, accuracy, legality, acts, omissions, policies, or data handling practices of third-party systems or providers. Your use of third-party integrations is governed by the applicable third-party terms, privacy policies, licensing terms, and operational requirements.

Limitation of Liability

General Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABSON.AI AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LITIGATION OUTCOMES, COURT SANCTIONS, MISSED DEADLINES, MALPRACTICE CLAIMS, EXPERT DISQUALIFICATION, REGULATORY ACTIONS, OR PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ABSON.AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY CUSTOMER TO ABSON.AI DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED U.S. DOLLARS ($500). THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY.

Elevated Cap for Data Security Incidents

Notwithstanding the general cap, ABSON.ai's total aggregate liability for claims arising from a breach of ABSON.ai's security obligations under Section 14, including unauthorized access to, disclosure of, or loss of Protected Health Information or attorney work product, shall not exceed the greater of (a) the total fees paid by you to ABSON.ai in the twenty-four (24) months preceding the claim or (b) fifty thousand dollars ($50,000).

AI Output Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABSON.AI IS NOT LIABLE FOR ANY CLAIM, DAMAGE, LOSS, LIABILITY, COST, OR EXPENSE ARISING FROM OR RELATED TO RELIANCE ON AI-GENERATED OUTPUT, INCLUDING ERRORS, OMISSIONS, HALLUCINATIONS, MISCLASSIFICATIONS, INACCURACIES, OUTDATED INFORMATION, OR INCOMPLETE ANALYSES IN CHRONOLOGIES, ENTITY EXTRACTIONS, GAP ANALYSES, CITATIONS, VISION AI DESCRIPTIONS, REPORT DRAFTS, TESTIMONY PREPARATION MATERIALS, RECOMMENDATIONS, SUMMARIES, OR OTHER GENERATED CONTENT. AI-GENERATED OUTPUT IS PROVIDED SOLELY AS AN ANALYTICAL AND WORKFLOW-SUPPORT TOOL. USERS REMAIN SOLELY RESPONSIBLE FOR EXERCISING INDEPENDENT PROFESSIONAL JUDGMENT AND INDEPENDENTLY REVIEWING AND VERIFYING ALL AI-GENERATED CONTENT BEFORE RELYING UPON IT IN LITIGATION, TESTIMONY, PROFESSIONAL PRACTICE, REGULATORY MATTERS, MEDICAL DECISION-MAKING, CLAIMS HANDLING, OR OTHER PROFESSIONAL ACTIVITIES.

Indemnification

You agree to indemnify, defend, and hold harmless ABSON.ai and its officers, directors, employees, affiliates, contractors, licensors, service providers, agents, successors, and assigns from and against any claims, demands, actions, proceedings, liabilities, damages, judgments, settlements, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to:

• your misuse of the Platform;
• your violation of these Terms, the Acceptable Use Policy, or applicable law;
• your violation of any professional obligation, confidentiality obligation, court order, protective order, licensing requirement, or regulatory requirement;
• content, records, documents, medical records, data, or other materials uploaded, submitted, shared, disclosed, processed, or transmitted by you through the Platform;
• your professional activities, services, opinions, analyses, testimony, reports, or conduct in connection with Cases, engagements, or matters involving the Platform; or
• your use of AI-generated output in litigation, testimony, professional practice, medical decision-making, claims handling, or other professional activities.

Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABSON.AI DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, ABSON.AI DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, CONTINUOUSLY AVAILABLE, OR SECURE; (B) AI-GENERATED OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, CLINICALLY VALID, LEGALLY SUFFICIENT, OR FREE FROM HALLUCINATIONS, ERRORS, OR OMISSIONS; (C) THE PLATFORM WILL IDENTIFY ALL RELEVANT FINDINGS, DEVIATIONS, CONFLICTS, RISKS, PATTERNS, INCONSISTENCIES, OR CLINICALLY OR LEGALLY SIGNIFICANT INFORMATION IN UPLOADED RECORDS OR OTHER MATERIALS; (D) ANY CONFLICT CHECKING, SCREENING, MATCHING, OR CONFLICT MANAGEMENT FUNCTIONALITY WILL IDENTIFY ALL ACTUAL OR POTENTIAL CONFLICTS OF INTEREST OR PROFESSIONAL CONCERNS; (E) THE PLATFORM WILL SATISFY ANY PARTICULAR LEGAL, MEDICAL, CLINICAL, REGULATORY, EVIDENTIARY, ETHICAL, COMPLIANCE, PROFESSIONAL, OR ORGANIZATIONAL REQUIREMENT; OR (F) THE ABSENCE OF AI-IDENTIFIED FINDINGS, FLAGS, DEVIATIONS, INCONSISTENCIES, OR CONCERNS INDICATES THE ABSENCE OF CLINICALLY, MEDICALLY, LEGALLY, OR PROFESSIONALLY SIGNIFICANT INFORMATION IN THE UNDERLYING RECORD OR MATERIALS.

Dispute Resolution and Arbitration

Informal Resolution

Before initiating arbitration or formal legal proceedings, the parties agree to first attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform through informal discussions for a period of at least thirty (30) days following written notice of the dispute.

Binding Arbitration

Except as otherwise provided in these Terms, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the relationship between the parties that is not resolved through informal resolution shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable Commercial Arbitration Rules. The arbitration shall be conducted before a single arbitrator in the State of Delaware. The arbitrator's decision shall be final and binding and may be entered in any court of competent jurisdiction.

Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ABSON.AI AGREE THAT ALL DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MULTIPLE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING EXCEPT TO THE EXTENT SUCH RESTRICTION IS PROHIBITED BY APPLICABLE LAW.

Small Claims Court

Notwithstanding the foregoing, either party may bring an individual claim in small claims court for disputes within that court's jurisdictional limits, provided the matter remains an individual action and is not removed, consolidated, or transferred to another court.

Injunctive Relief

Nothing in this Section prevents either party from seeking temporary, preliminary, or permanent injunctive relief or other equitable remedies in a court of competent jurisdiction to protect intellectual property rights, confidential information, trade secrets, data security, or other proprietary rights pending completion of arbitration or other dispute resolution proceedings.

Termination

Termination by You

You may terminate your account or discontinue use of the Platform at any time by following the applicable Platform workflow or contacting ABSON.ai. Upon termination, your right to access and use the Platform ceases, subject to any applicable organizational permissions, retention settings, legal holds, contractual obligations, payment obligations, or post-termination access rights expressly permitted under these Terms. Termination of your account does not automatically delete Case data, Protected Legal Workflow Content, audit logs, retained backups, derived datasets, de-identified information, or other retained records maintained in accordance with these Terms, applicable law, or Platform retention policies.

Termination by ABSON.ai

ABSON.ai may suspend, restrict, or terminate your access to the Platform or any portion of the Platform at any time for violation of these Terms, non-payment, suspected fraud, abuse, security concerns, legal or regulatory requirements, operational needs, inactivity, discontinuation of services, unacceptable risk exposure, or other legitimate business reasons. Where reasonably practicable, ABSON.ai will endeavor to provide advance notice of suspension or termination.

ABSON.ai may suspend or terminate access immediately without prior notice in cases involving suspected illegal activity, material breach, security threats, abuse, unauthorized access, violations of the Acceptable Use Policy, risk to the Platform or other users, court orders, regulatory demands, or circumstances requiring immediate action.

Effect of Termination

Upon termination or suspension, your right to access and use the Platform ceases except to the extent continued access is expressly permitted under these Terms, applicable organizational permissions, or a separate written agreement. Termination or suspension does not affect accrued rights, payment obligations, indemnification obligations, dispute resolution provisions, retained licenses, data retention rights, de-identified datasets, derivative datasets, embeddings, machine learning artifacts, confidentiality obligations, or any provisions that by their nature should survive termination.

Modifications to Terms

ABSON.ai may modify, update, supplement, or replace these Terms from time to time. If ABSON.ai makes material changes to these Terms, ABSON.ai will endeavor to provide reasonable advance notice through the Platform, by email, or through other reasonable means.

Unless otherwise stated, modified Terms become effective on the stated effective date. Your continued use of the Platform following the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform before the effective date of the modified Terms.

Electronic Signatures and Records

You consent to the use of electronic records, electronic communications, electronic signatures, and electronic notices in connection with the Platform, these Terms, and all related transactions, workflows, authorizations, disclosures, and communications.

To the maximum extent permitted by applicable law, electronic records maintained by ABSON.ai, including audit logs, workflow records, access records, chat transcripts, activity logs, release confirmations, Case Access Grant records, conflict management records, billing records, and related operational records, may be used to document Platform activity and interactions.

Electronic signatures and records are intended to satisfy any applicable legal requirements for writings, signatures, records, or retention under applicable electronic transaction laws, including the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”) and the Uniform Electronic Transactions Act (“UETA”), where applicable.

Consumer Services

Separate Terms

ABSON.ai may offer separate consumer-facing products, workflows, or services, including medical record screening, informational tools, intake workflows, attorney referral features, or other consumer-oriented functionality. Consumer-facing services may be governed by separate terms of service, privacy policies, disclosures, authorizations, consents, and data handling practices, which will apply separately from these Terms. These Terms govern only the professional and organizational Platform services unless expressly stated otherwise.

Separation

Consumer users and professional users, including attorneys, Physician Experts, Referring Organizations, and enterprise customers, may be subject to separate operational environments, workflows, permissions, privacy practices, retention policies, and data handling standards. ABSON.ai implements administrative, technical, organizational, and access-control measures designed to segregate consumer data and workflows from professional Case data and to limit access based on user role, workflow authorization, and business purpose.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

To the extent any dispute is permitted to proceed in court rather than arbitration under Section 23, the state and federal courts located in the State of Delaware shall have exclusive jurisdiction and venue, and the parties consent to the personal jurisdiction of such courts.

Miscellaneous Provisions

Entire Agreement

These Terms, together with the Privacy Policy, any applicable Business Associate Agreement, order forms, subscription terms, API terms, and any other documents expressly incorporated by reference, constitute the complete and exclusive agreement between you and ABSON.ai regarding the Platform and supersede all prior or contemporaneous understandings, agreements, representations, or communications relating to the subject matter of these Terms.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect. Any invalid or unenforceable provision will be modified and enforced to the minimum extent necessary to make it enforceable while preserving its original intent to the maximum extent permitted by applicable law.

Waiver

Failure or delay by either party to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign, delegate, or transfer your rights or obligations under these Terms without ABSON.ai's prior written consent. ABSON.ai may assign, delegate, transfer, or subcontract its rights or obligations under these Terms without restriction, including in connection with a merger, acquisition, financing transaction, corporate reorganization, or sale of assets or business operations.

Force Majeure

ABSON.ai is not liable for any delay, interruption, failure, degradation, loss, or inability to perform resulting from causes beyond its reasonable control, including natural disasters, acts of God, war, terrorism, civil unrest, labor disputes, pandemics, governmental actions, internet or telecommunications failures, cyberattacks, utility failures, shortages, supply chain disruptions, failures of third-party providers, artificial intelligence providers, cloud infrastructure providers, or other force majeure events.

Notices

Notices to you may be delivered through the Platform, by email, or through other contact information associated with your account. Legal notices to ABSON.ai must be sent to the contact address designated by ABSON.ai for legal notices.

Headings

Section titles and headings are provided for convenience only and do not affect the interpretation of these Terms.

Export Controls and Sanctions

You represent and warrant that:

• you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive United States sanctions or embargoes;
• you are not identified on any United States government restricted-party list, including lists maintained by the U.S. Department of Treasury Office of Foreign Assets Control (“OFAC”), the U.S. Department of Commerce, or the U.S. Department of State; and
• you will not use, export, re-export, transfer, disclose, or permit access to the Platform or related technology in violation of applicable export control, sanctions, trade, or import laws or regulations.

You agree to comply with all applicable United States export control and economic sanctions laws in connection with your use of the Platform. ABSON.ai may suspend or terminate access to the Platform where necessary to comply with applicable export control, sanctions, or trade compliance obligations.

Exhibits

Exhibit A — Business Associate Agreement

The full text of the current Business Associate Agreement (version: baa-consent-20260506) is available at /baa. The BAA governs ABSON.ai's obligations as a Business Associate under HIPAA with respect to Protected Health Information uploaded to the Platform. Execution of the BAA is a prerequisite for PHI upload per Section 7.1.

End of Terms of Service