Terms Of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY

THESE TERMS OF USE (TOGETHER WITH THE DOCUMENTS REFERRED TO WITHIN THEM) SET OUT THE TERMS ON WHICH YOU MAY USE THE ACUITY MY DIGITAL LAWYER APP (APP)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE APP.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE APP.

1. Information about us and what these terms do

We, Acuity Law Limited (a limited company registered in England and Wales with company number 07545730) of 3 Assembly Square, Britannia Quay, Cardiff Bay CF10 4PL (we) license you to use the App (and any updates or supplements to it from time to time):

  • to prepare and create standardised legal documents (Documentation); and
  • to access and view other materials made available via the App (Materials) as permitted by these terms of use.

These terms of use refer to the following additional terms, which also apply to your use of the App:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
  • Our Cookies which sets out information about the cookies on our site.
2. No Legal Advice

THE APP PROVIDES A PLATFORM FOR THE PREPARATION AND CREATION OF STANDARDISED LEGAL DOCUMENTS. THESE ARE TEMPLATE DOCUMENTS THAT ARE INTENDED TO BE POPULATED BY YOU WITH SPECIFIC INFORMATION AND HAVE NOT BEEN DRAFTED OR TAILORED BY US TO MEET YOUR BUSINESS' SPECIFIC REQUIREMENTS OR CIRCUMSTANCES. THE DOCUMENTATION MAY NOT BE SUITABLE FOR YOUR BUSINESS OR ITS PARTICULAR REQUIREMENTS OR CIRCUMSTANCES.

ALLOWING YOU TO ACCESS AND USE THE APP, PRODUCE DOCUMENTATION AND VIEW THE MATERIALS SHALL NOT BE TAKEN TO CONSTITUTE LEGAL ADVICE AND WE DO NOT ACCEPT ANY LIABILITY FOR ANY USE TO WHICH YOU MAY PUT THEM.

NO LAWYERS OR OTHER LEGAL PROFESSIONALS WILL REVIEW ANY INFORMATION THAT YOU PROVIDE FOR THE PURPOSE OF GENERATING DOCUMENTATION OR MAKING USE OF THE MATERIALS NOR WILL WE PROVIDE ANY ADVICE OR OPINION ON THE OUTCOME OR SPECIFIC FACTS OF YOUR SITUATION.

IF YOU REQUIRE ANY ADVICE ON THE MATERIALS, OR AS TO HOW TO MAKE USE OF ANY DOCUMENTATION, THEN THAT WILL BE THE SUBJECT OF A SEPARATE ENGAGEMENT BETWEEN US.

THE DOCUMENTATION AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS AND WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES (EXPRESS OR IMPLIED) THAT THE DOCUMENTATION OR MATERIALS ARE ACCURATE, COMPLETE OR UP TO DATE.

WE HAVE NO DUTY OR RESPONSIBILITY TO:

  • UPDATE ANY OF THE TEMPLATES AND MATERIALS MADE AVAILABLE VIA THE APP TO REFLECT ANY CHANGES IN LAW OR OTHERWISE;
  • PROVIDE YOU WITH UPDATED DOCUMENTATION AND MATERIALS;
  • INFORM YOU OF ANY CHANGES MADE TO THE TEMPLATES AND MATERIALS FROM TIME TO TIME.
3. Changes

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we may have made as any such changes will be binding on you.

We may update the Documentation from time to time. We will not notify you of any such changes.

4. Accessing the App

Access to the App for a period of 12 months can be obtained through one of the following methods:

4.1. Subscription Fee

You may gain access to the App by paying an annual Subscription Fee of £1,500 plus VAT per user.

If you want access for multiple users, please email hello@acuitylaw.com for details.

Subscription fees are payable in advance and are non-refundable unless you fail our client due diligence and risk assessment checks, in which case we will reimburse you for the total sum of the Subscription Fee,

We accept payments via Stripe and debit/credit card.

In addition to access to the App, you will be entitled to receive 4 Credits (1 Credit is an hour of legal advice or other service agreed between us in writing) , which shall be provided to you under the terms of our Terms of Business together with separately issued Key Terms. These Credit(s) are not exchangeable, transferable , or redeemable for cash or any other services that we offer except as agreed above.

The 4 Credits are given per account on an annual basis, the start date is the purchase of the first user Subscription. An account is one or multiple users from the same Company. The Credits are not provided per user.

If you want to nominate an individual as the key contact to authorise Credit use, you must confirm their details in writing to hello@acuitylaw.com. By default, they will be the first user listed by you in your account.

If you end this agreement early or if your access is withdrawn as a result of breaching these terms of use:

  • you will not receive a refund of the Subscription Fee; and
  • your unused Credit(s) will be forfeited.
4.2. Existing or Current Clients

You may have one user account for the App if you meet the following criteria:

  • the user is an existing client of ours who has completed a matter within the last 12 months or has a current active matter with us; and the user is an existing client of ours who has completed a matter within the last 12 months or has a current active matter with us; and
  • the value of the completed or active matter must have been or be in excess of £1,500 + VAT.

If you want access for multiple users, please email hello@acuitylaw.com for details.

4.3. Sole Discretion

We reserve the right to grant access to the App at our sole discretion, irrespective of the Subscription Fee or your status a client.

If you have been granted access to the App at our sole discretion, we reserve the right to withdraw your access at any time without providing a substitute or any recourse to you.

5. App and Documentation Availability

We do not guarantee that the App or access to any Documentation will always be available or uninterrupted. We may suspend, withdraw or discontinue or change all or any part of the App or the Documentation for business and operational reasons without notice. We will not be liable to you if for any reason our App or the Documentation is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the App and the Documentation.

You are also responsible for ensuring that all persons who access or use the App and the Documentation through your internet connection or on your devices are aware of these terms of use and other applicable terms and conditions and that they comply with them.

You are solely responsible for securing and backing up any Documentation that you produce via the App.

Each user of the App will have complete and full access to information contained in your MDL Account. If there will be confidential or privileged information that requires restricted access , you must inform us of the requirements before the information is published in your account at hello@acuitylaw.com. We may be unable to segregate information by sensitivity. It may require you to open a separate account to contain sensitive information.

We aim to grant access to the App for all additional users within twenty four (24) hours of receiving the additional Subscription Fee(s).

6. Your account details

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@acuitylaw.com.

7. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the App, the Documentation and all other information and material generated by on or made available via the App. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may use the App, the Documentation and the Materials in accordance with these terms of use.

You must not:

  • commercially exploit, sell, sub-license or otherwise make available the App, Documentation or Materials in any form, in whole or in part, to any person without obtaining a licence to do so from us;
  • copy, in whole or part, the App or the Documentation for any reason whatsoever however you may print off one copy, and may download extracts, of any Materials for your personal use;
  • disassemble, de-compile or reverse engineer the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited and provided that the information obtained by you during such activities is not disclosed or communicated without the our prior written consent to any third party and is not used to create any software that is substantially similar in its expression to the App;
  • use the App, Documentation, or Materials for any purpose other than your bona fide business purposes and at all times in accordance with these terms of use; or
  • remove our status and acknowledgments (and that of any identified contributors) as the authors of the Material.

If you use the App or generate, download, print off, copy, use or share any Documentation or Materials in breach of these terms of use, your right to use the App Documentation, and Materials will cease immediately and you must, at our option, return, delete or destroy any copies of the Documentation and Materials that you have made in breach of these terms of use.

Any information that you input or upload via the App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in the information that you input (to the extent that there are any) but you are required to grant us a limited royalty-free, perpetual worldwide licence to use, store and copy that information and to distribute any information inputted, populated or uploaded by you via the App for the purposes of making available the features of the App and the Documentation to you. You warrant that you have all the necessary rights and consents to enable you to lawfully and validly grant such licence.

8. Text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the App or any services provided via, or in relation to, the App for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

  • any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our portal or any data, content, information or services accessed via the same; and/or
  • any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

9. Acceptable Use

You may:

  • view, use and display the App on your device;
  • create and use Documentation for the bona fide purposes of your business requirements;
  • draw the attention of others within your organisation to Materials posted on our App; and
  • use any notes and documents produced or provided by us to support your permitted use of the App, Documentation and Materials, subject to these terms of use and all notices and instructions on the App, Documentation and Materials itself.

You may not use, or authorise or permit the use of, the App or any Documentation and Materials in any way that:

  • breaches these terms of use;
  • breaches any applicable local, national or international law or regulation;
  • is unlawful or fraudulent or malicious or has any unlawful or fraudulent or malicious purpose or effect;
  • infringes our or any third party's intellectual property rights;
  • is used to transmit any material that is defamatory, offensive or otherwise objectionable;
  • could interfere with, damage or disrupt any part of the App, any equipment or network on which the App is hosted, or any software used in the provision of the App for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App any operating system used by us; or
  • constitutes, facilitates or permits any text or data mining or web scraping in relation to the App or the Documentation.
10. Information Standards

Whenever you make use of a feature that allows you to input, populate or upload information via the App, you must comply with the information standards set out below.

These information standards apply to any and all information which you input via the App (Input Information) and to any interactive services associated with it.

These standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Input Information as well as to its whole.

We will determine, in our discretion, whether any Input Information breaches these standards.

All Input Information must:

  • be complete and accurate (where it states facts); and
  • comply with the law applicable in England and Wales and in any country from which it is posted.

All Input Information must not:

  • infringe any copyright, database right or trade mark of any other person;
  • infringe any right to privacy or other data protection laws; or
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

You warrant that any Input Information complies with the above information standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We have the right to disclose your identity to any third party who is claiming that any information inputted, populated or uploaded by you via the App, or any Documentation generated by you constitutes a violation of their intellectual property rights, right to privacy or any other legal duty owed to them.

11. Viruses

We do not guarantee that our portal will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our portal. You should use your own virus protection software.

You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.

12. Linking to our App

You may link to the home page of the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the App in any website that is not owned by you.

The App must not be framed on any other site, nor may you create a link to any part of the App other than the home page.

We reserve the right to withdraw linking permission without notice.

13. Third party links and resources on our portal

Where the App, Documentation or Materials contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

14. Breaches of These Terms of Use

When we consider that a breach of these terms of use has occurred, we may take such action against you as we deem appropriate.

Failure to comply with these terms of use may result in our taking all or any of the following actions (without limitation):

  • immediate, temporary or permanent withdrawal of your right to use the App and/or the Documentation;
  • immediate, temporary or permanent removal from our portal of any Documentation generated by you;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these terms of use. The actions we may take are not limited to those described above and we may take any other action we reasonably deem appropriate.

Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15. Limitation of Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS THAT MAY APPLY TO THE APP OR ANY DOCUMENTATION GENERATED OR MATERIALS MADE AVAILABLE VIA THE APP.

WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

  • USE OF, OR INABILITY TO USE, THE APP; OR
  • GENERATION, USE OF OR RELIANCE ON ANY DOCUMENTATION AND MATERIALS.

IN PARTICULAR, WE WILL NOT BE LIABLE FOR:

  • LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
  • BUSINESS INTERRUPTION;
  • LOSS OF ANTICIPATED SAVINGS;
  • LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION;
  • LOSS OF OR CORRUPTION TO DATA; OR
  • ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

YOU ASSUME SOLE RESPONSIBILITY FOR ALL RESULTS, OUTCOMES AND CONSEQUENCES ARISING FROM YOUR USE OF THE APP OR ANY OF THE DOCUMENTATION AND MATERIALS MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT OR REPRESENT THAT:

  • YOUR USE OF THE APP, THE DOCUMENTATION, OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE;
  • THE DOCUMENTATION GENERATED BY YOU OR THE MATERIALS MADE ACCESSIBLE VIA THE APP WILL BE SUITABLE FOR YOUR BUSINESS OR MEET ITS REQUIREMENTS; AND/OR
  • THE APP WILL BE FREE FROM VIRUSES OR VULNERABILITIES.
16. Transferring These Terms

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.

17. Illegality of Contract

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18. Applicable Law

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.

19. Contact us

To contact us, please email us at hello@acuitylaw.com.