Terms of Service

These Terms of Service (these “Terms”) are a binding agreement between you and ClerqLegal (“ClerqLegal,” “we,” “us,” or “our”). They govern your access to and use of our website at clerqlegal.com (the “Site”), our software platform, and the related services, integrations, and features we provide (together, the “Services”).

Most of the people who use ClerqLegal work at immigration law firms. When we say “you,” we mean the law firm or other organization using the Services, together with the individual accepting these Terms on its behalf. If you are accepting these Terms for a firm or organization, you confirm that you are authorized to do so, and “you” includes that organization.

Please read these Terms carefully. By creating an account, clicking to accept, or using the Services, you agree to them. Important: except for the disputes described in the “Dispute resolution and arbitration” section, where you opt out of arbitration as described in that section, or where the law does not allow it, you and ClerqLegal agree to resolve disputes only on an individual basis, and not as a class action, other representative proceeding, or jury trial. If you do not agree to these Terms, do not use the Services.

Additional terms. Some features may have their own additional terms, guidelines, or policies (“Supplemental Terms”). If you use a feature that has Supplemental Terms, those terms become part of your agreement with us, and if they conflict with these Terms, the Supplemental Terms control for that feature. A signed Customer Agreement, order, or data processing addendum between you and ClerqLegal is also part of your agreement with us, and it controls if it conflicts with these Terms.

Changes to these Terms. We may update these Terms from time to time. The “Last updated” date shows when they last changed. If we make material changes, we will let you know, for example by email or through the Services, and where appropriate we will ask you to accept the updated Terms before you continue. Unless we say otherwise, the updated Terms take effect when posted, and your continued use of the Services confirms that you accept them. If you do not agree, you must stop using the Services.

1. Who can use ClerqLegal

Authorization. You may use the Services only on behalf of a firm or organization that has agreed to these Terms. The individual who accepts these Terms represents that they are authorized to bind the firm, and the firm agrees to be responsible for any use of the Services under its account.

Where you can use the Services. The Services are currently offered for use in the United States. You may use them only where ClerqLegal authorizes.

Internal firm use and Authorized Users. The Services are for your firm's own internal use in running its practice, and not for the benefit of any third party. You may let specific individuals at your firm use the Services (“Authorized Users”). You are responsible for your Authorized Users and for everything they do with the Services.

2. Our role; we are not a law firm

ClerqLegal is a technology company, not a law firm. We do not provide legal advice, and using the Services does not create an attorney-client relationship between you and ClerqLegal.

The Services help your team process notices, capture dates, sync information to your other systems, and prepare client communications. They are tools that support your work. They do not replace the professional judgment of a qualified attorney or your firm's own review.

You remain responsible for your firm's practice of law, including supervising how your staff and any automated tools are used, meeting your professional and ethical obligations, and independently verifying every deadline, hearing date, receipt number, and other detail before relying on it. Critical dates and data must always be confirmed by your team against the underlying notice and the relevant government record.

3. How automated processing and AI output work

The Services use automated systems, including machine learning and other artificial intelligence, to read notices, extract information, sync data, and draft client updates.

Output from these systems is generated automatically and is probabilistic. It can be incomplete, inaccurate, or out of date, and it may not catch everything a trained person would. We do not guarantee that any output is correct.

You are responsible for reviewing output before relying on it and for any decision or action you take based on it. Where you set up approved workflows to run automatically, they run according to the rules you configure, and you are responsible for those rules and for the communications they send.

4. Accounts and security

During onboarding, we set up accounts for your Authorized Users and apply the access permissions your firm requests. You agree that you and your Authorized Users will keep account credentials confidential and will not share them, will provide accurate account information and keep it current, and will use a strong password that is unique to the Services.

You are responsible for maintaining the security of your accounts. Tell us promptly if you discover or suspect that someone has accessed an account without permission. We may reject, reclaim, or require a change to a username, including on behalf of someone who holds trademark or other legal rights in it.

5. Your data

You own your data. As between you and ClerqLegal, your firm keeps all rights in the notices, documents, client information, case data, templates, and other materials you upload to or generate through the Services (“Firm Data”). We do not claim ownership of Firm Data.

License to run the Services. You give us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Firm Data, and to create the output described in these Terms, in each case only to provide, maintain, secure, support, and improve the Services for your firm and to follow your instructions, such as syncing information to a connected system or sending a client update you have set up. We handle personal information as described in our Privacy Policy.

You can read our Privacy Policy at clerqlegal.com/privacy-policy.html.

Your responsibility for Firm Data. You represent that you have the rights and permissions needed to provide Firm Data to us and to have us process it, including any client consents required for the communications we send on your behalf. You are responsible for the accuracy and legality of Firm Data.

Using data to improve the Services. We may use information about how the Services are used to operate and improve them. We will not use your Firm Data or your clients' personal information to train artificial intelligence models that we make generally available to other customers, except in aggregated or de-identified form that does not identify you, your firm, or your clients. If your firm requires different terms, our data processing addendum governs.

6. Communications to your clients

With your authorization, the Services can send communications, including email and text messages, to your firm and to your clients on your behalf, using your firm's templates and tone.

Because these messages go out under your firm's name, you are responsible for their content and for obtaining and maintaining all consents required by law to send them, including under the Telephone Consumer Protection Act and the CAN-SPAM Act. You decide which workflows are automatic and which require your review before anything is sent.

7. Acceptable use

You agree to use the Services only for lawful, professional purposes and only as intended. You will not, and will not allow anyone else to:

• Use the Services in violation of any law, contract, intellectual property right, or other right, or in violation of your professional or ethical obligations;
• Copy, modify, distribute, sell, resell, sublicense, or create derivative works from the Services, except as we expressly allow;
• Reverse engineer, decompile, or attempt to discover the source code or underlying structure of the Services, except to the extent the law does not allow that restriction;
• Use any robot, scraper, or other automated method to access or extract data from the Services, or otherwise access the Services other than through the interfaces and instructions we provide;
• Interfere with, disrupt, overburden, or impair the Services or the systems or networks connected to them, or try to bypass any security or access control;
• Use the Services to build or train a competing product or service, or to benchmark the Services without our prior written consent;
• Remove or obscure any proprietary notice, or access or use another user's account without authorization; or
• Use the Services for any unauthorized or illegal purpose.

We may enforce this section at our discretion, and choosing not to act in one case does not waive our right to act in another.

Fair use and service limits. To keep the Services reliable for everyone, we may set reasonable usage, rate, and volume limits, and we may throttle, suspend, or charge for activity that materially exceeds normal use, involves automated or programmatic abuse, or causes unusually high processing or AI consumption. Where practical, we will tell you first and work with you on an appropriate plan.

8. Third-party services and integrations

The Services connect with tools your firm already uses, including case management and practice platforms (such as Clio, Filevine, MyCase, Docketwise, and CampLegal), government systems (including USCIS and EOIR/ECAS), and Google Calendar.

Your authorization to connect. When you connect an account or system, you authorize us to access it and exchange information with it on your behalf as needed to provide the Services. You represent that you have the authority to grant this access and that your use of the Services with that system complies with the system's own terms of use, including the terms that govern access to USCIS and EOIR systems.

Government systems. The Services rely on government systems, including USCIS and EOIR, that ClerqLegal does not control. ClerqLegal is not responsible for those systems or for any outage, change, delay, maintenance, access or CAPTCHA requirement, API change, or inaccurate, incomplete, or untimely data they provide, any of which may affect or interrupt the Services. You remain responsible for verifying case information against the official government record.

Third parties are outside our control. We are not responsible for the availability, accuracy, or security of third-party services, or for the information they provide or receive, and outages or changes on their side may affect how the Services work. Your use of a third-party service is governed by that third party's terms and privacy practices, not these Terms.

Our access to information from Google APIs follows the Google API Services User Data Policy, including the Limited Use requirements, as described in our Privacy Policy. The Services may also include third-party open-source software, which is licensed to you under the terms that accompany it.

9. Fees, payment, and subscriptions

Plans and fees. Access to the Services is sold on a subscription basis. The plan, fees, any one-time setup fee, and the billing period (monthly or annual) are those set out in the plan you select or in a separate order with us.

Billing and renewal. Subscriptions automatically renew for the same period unless you cancel before the renewal date. You authorize us, or our payment processor, to charge your payment method on file for all fees when they are due, including on renewal, and you agree to keep your payment information current.

Cancellation and refunds. You can cancel at any time as described in your account or by contacting us. Cancellation takes effect at the end of your current paid period, and you keep access through that period. Except where the law requires otherwise, fees already paid are non-refundable, and we do not give refunds or credits for partial periods or for setup fees.

Price changes. We may change our fees by giving you notice. New pricing applies from your next renewal. If you do not agree, you may cancel before the change takes effect.

Late payment and suspension. If a payment is overdue, we may suspend the Services until it is paid. If we have to take legal action to collect amounts you owe, you will reimburse our reasonable costs of collection, including attorneys' fees.

Taxes. Fees do not include taxes. You are responsible for any applicable taxes, other than taxes based on our income.

10. Data protection and confidentiality

We know your Firm Data includes sensitive client information. We maintain administrative, technical, and organizational safeguards designed to protect it, including encryption of data in transit and at rest and role-based access controls, as further described in our Privacy Policy.

We treat Firm Data as confidential and use it only to provide the Services to you and as described in these Terms and our Privacy Policy. We do not sell Firm Data. If we become aware of a security breach affecting your Firm Data, we will notify you without undue delay and consistent with applicable law.

Data processing addendum. If your firm requires a data processing addendum to address its own obligations, we make one available. Once signed, it forms part of these Terms. You also agree to keep confidential any non-public information we share with you about the Services.

11. Intellectual property and your license to use ClerqLegal

The Services, including all software, text, graphics, and other content we provide, and all intellectual property rights in them, are owned by ClerqLegal or our licensors and are protected by law. Except for the rights we expressly grant in these Terms, all rights in the Services are reserved.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your firm's internal use during your subscription. Any other use without our prior written permission is prohibited and will end this license.

12. Trademarks

ClerqLegal and Clerq, our logos, and the look and feel of the Services are trademarks of ClerqLegal and may not be used without our prior written permission. All other trademarks are the property of their respective owners, and our reference to them does not imply any endorsement or affiliation.

13. Feedback

If you send us feedback, suggestions, or ideas about the Services, we may use them for any purpose without any obligation to you, and we will own any improvements or new features we develop based on them. We may treat feedback as non-confidential.

14. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless ClerqLegal and our affiliates, and our and their officers, directors, employees, and agents (the “ClerqLegal Parties”), from any claims, damages, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Services, your Firm Data, your breach of these Terms, your violation of any law or of anyone's rights, or your failure to obtain any consent required for communications we send on your behalf. We may take control of the defense and settlement of any such claim, at our option, and you will cooperate with us.

15. Disclaimers

Your use of the Services is at your own risk. Except as we expressly state in writing and to the fullest extent permitted by law, the Services and all output and content provided through them are provided “as is” and “as available,” without warranties of any kind, whether express or implied. We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services or any output are accurate, complete, reliable, current, secure, error-free, or uninterrupted, or that they will catch every notice, date, or issue. As described above, you are responsible for independently verifying all critical dates and data before relying on them. These disclaimers are made for the benefit of ClerqLegal and the other ClerqLegal Parties and our respective licensors and service providers.

16. Limitation of liability

To the fullest extent permitted by law, the ClerqLegal Parties will not be liable for any indirect, consequential, incidental, special, exemplary, or punitive damages, or for any lost profits, lost data, or loss of goodwill, even if we have been advised of the possibility of such damages.

The total liability of the ClerqLegal Parties for any claim arising out of or relating to these Terms or the Services is limited to the total fees you paid us for the Services in the 12 months before the event giving rise to the claim.

These limits do not apply to liability for fraud, gross negligence, or willful misconduct, or to any liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

17. Term, suspension, and termination

Term. These Terms apply while you use the Services. Your subscription runs for the period in your plan and renews as described above.

Your right to stop. You can stop using the Services and cancel your subscription at any time as described in the fees section.

Suspension and termination by us. We may suspend or terminate your access if you breach these Terms, fail to pay, create a security or legal risk, or if we stop offering all or part of the Services. Where it is practical, we will give you advance notice.

What happens when access ends. When these Terms or your subscription end, your right to use the Services ends, and any fees you owe remain payable. For 30 days after termination, you may export your Firm Data through the Services or by contacting us, on a self-service basis and in a common machine-readable format such as CSV or JSON. ClerqLegal has no obligation to provide custom migration or data-conversion services except as separately agreed, which may be offered for an additional fee. After that, we may delete Firm Data from our systems, except for copies we are required to keep by law or that exist in routine backups, which we delete in the ordinary course. Our handling of Google data when you disconnect is described in our Privacy Policy.

Survival. The sections of these Terms that by their nature should survive termination will survive, including the sections on your data, fees already owed, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

18. Dispute resolution and arbitration

Talk to us first. If you have a dispute with us, please contact us first so we can try to resolve it informally. If we cannot resolve it within 30 days, either of us may start an arbitration as described below.

Binding individual arbitration. Except for the matters described below, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in New Castle County, Delaware, or by videoconference, and the arbitrator will decide all issues, including the scope and enforceability of this arbitration agreement. Arbitration fees will be governed by the AAA rules. This arbitration agreement is governed by the Federal Arbitration Act, and judgment on the arbitrator’s award may be entered by any court with jurisdiction.

Class action and jury trial waiver. Disputes will be resolved only on an individual basis. You and ClerqLegal waive any right to bring or participate in a class action, other representative proceeding, or jury trial.

Severability of this section. If the class action and jury trial waiver above is found unenforceable as to a particular claim or request for relief, then that claim or request, and only that one, will be decided by a court rather than in arbitration, and the rest of this section still applies to all other disputes.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.

Opting out. You may opt out of this arbitration agreement by sending us written notice within 30 days after you first accept these Terms. If you opt out, the rest of these Terms still apply.

19. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules, except to the extent preempted by U.S. federal law. For any dispute that is not subject to arbitration, the state and federal courts located in New Castle County, Delaware will have exclusive jurisdiction, and you and ClerqLegal waive any objection to venue there.

20. Beta and experimental features

From time to time we may offer features that are labeled beta, preview, early access, or experimental (“Beta Features”). Beta Features are provided as-is and as-available for evaluation, may be changed, suspended, or withdrawn at any time, and may be less reliable than generally available features. They are excluded from any service commitments and warranties and, to the extent permitted by law, from any other obligations relating to the Services.

We may collect feedback and usage information about Beta Features to improve them, consistent with these Terms and our Privacy Policy. Your use of a Beta Feature is voluntary, and you should evaluate whether it is appropriate for your firm’s matters before relying on it.

21. General terms

Entire agreement. These Terms, together with any order, data processing addendum, and Supplemental Terms, are the entire agreement between you and ClerqLegal about the Services and replace any prior agreements on that subject.

No waiver; severability. If we do not enforce a right, that is not a waiver of it. If any part of these Terms is found unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest will remain in effect.

Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate.

Independent parties; no third-party beneficiaries. You and ClerqLegal are independent contractors. These Terms do not create any third-party beneficiary rights.

Force majeure. Neither party is responsible for any delay or failure to perform caused by events beyond its reasonable control, including the unavailability of third-party or government systems.

Export and sanctions. You will comply with U.S. export control and sanctions laws, and you represent that you are not located in an embargoed country or on a U.S. government restricted-party list.

Electronic communications. You agree that we may communicate with you electronically and that electronic agreements, notices, and records satisfy any legal requirement that they be in writing.

Headings are for convenience only, and “including” means “including without limitation.”

Contact us. If you have a question about these Terms, contact us through our website at clerqlegal.com. We may send you notices by email or through the Services. Please do not include sensitive personal or payment information in ordinary email.