Terms of Service — Deliberize Discover

Pilot terms under review. This proposed revision is awaiting counsel review before activation for new sales. It does not replace the terms governing completed purchases, reduce an existing buyer's rights or impose new fees. The future order description must identify the scan, available files, fixed price, delivery and refund terms before payment.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and DELIBERIZE LLC ("DELIBERIZE," "we," "us," or "our"), governing your access to and use of the Deliberize Discover website scanning and litigation intelligence platform ("Discover" or the "Service").

By creating an account, accessing, or using Discover, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

Discover organizes website observations, available capture files and general legal research prompts for independent attorney review ("DELIBERIZE Content"). Automated detections are research leads, not findings of liability, standing, jurisdiction, class certification or damages. Synthetic samples are identified as such and are not evidence of real conduct.

Custom scanning and automatic catalogue sales are paused while we prepare an individually reviewed package pilot. Historical records may have incomplete artifacts or obsolete legal labels. No catalogue entry or technical score alone establishes sale availability.

3. License Types

3.1 Free Access

Public access includes the synthetic demo and sample. Account access does not confer a right to paid files or authorize new scans.

3.2 Purchased Packages

A purchase licenses the materials identified in its order description for the specified scan. It does not include all scans of a domain, future captures, all statute types, custom scanning, exclusive access, clients or a cause of action. Existing purchases remain governed by their agreed terms.

4. User Accounts

To access the Service, you must create an account by providing your name, email address, and organization. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at info@deliberize.com of any unauthorized use of your account.

You represent that all information you provide during registration and use of the Service is accurate, current, and complete.

5. Online Purchases and Payment

5.1 Defined Scope and Fixed Price

Before a new pilot purchase, the written order must state its specific scan, available artifacts, missing materials, review status, deliverables, fixed price and delivery conditions. Legal review does not guarantee claim viability, admissibility, recovery or a litigation outcome. Charges are for research and evidence services and are not contingent on a recovery or a share of legal fees.

5.2 Payment and Refunds

New pilot payment and refund terms must be disclosed and agreed before payment. No price change applies retroactively to a completed purchase. Existing buyers retain the payment, refund and access rights that governed their purchase and any rights that cannot be waived by law. Contact info@deliberize.com about a missing or inaccessible deliverable.

5.3 Separate Support

Additional technical support, authentication assistance or testimony requires a separate written engagement defining scope, qualifications, availability and fees. A package purchase creates no new hourly charge. Fees must not depend on testimony content or case outcome; no expert qualification or admissibility result is promised.

5.4 No Referral or Assignment

A package purchase does not include a client referral, recommendation of counsel, assignment of a claim, interest in a lawsuit or exclusive right to investigate a website. Any future service involving consumer introductions or exclusivity would require separate review and an express agreement before being offered.

6. Projects

Within Discover, a "Project" refers to a scanned website domain and its associated reports, detection data, legal analyses, and supporting materials. Projects are tied to your account and are accessible only by you and authorized members of your organization, if applicable.

7. User Content

"User Content" means any scan configurations, notes, flags, annotations, or other materials that you create, upload, or submit through the Service. You retain ownership of your User Content.

By submitting User Content to the Service, you grant DELIBERIZE a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and display your User Content solely for the purpose of providing, maintaining, and improving the Service. This license terminates when you delete your User Content or your account, except where your User Content has been shared with others and they have not deleted it.

8. DELIBERIZE Content and Intellectual Property

8.1 Ownership

DELIBERIZE owns all rights, title, and interest in and to the Service, including all website content, features, functionality, software, algorithms, detection methodologies, report templates, legal analysis frameworks, user interface designs, and underlying technology. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws.

8.2 DELIBERIZE Content

The package license is non-exclusive. Subject to the applicable purchase terms, buyers may use purchased materials in legitimate legal research, investigation and litigation, including sharing with their clients, counsel, retained experts, witnesses, courts, opposing parties and others as reasonably required for the matter. This permission includes appropriate disclosure and filing in proceedings, subject to applicable law, protective orders and third-party rights. It does not authorize resale of the catalogue or standalone commercial redistribution of packages.

Attribution, limitations and provenance must not be misrepresented. Buyers must not describe a synthetic example as a real capture or an automated detection as an adjudicated fact. Existing buyers retain any broader rights already granted. Purchase alone does not make materials privileged or work product.

9. Scan Data and Publicly Accessible Websites

        Important: Discover scans publicly accessible websites and analyzes their publicly observable behavior, including network requests, cookies, tracking technologies, DOM structure, and accessibility attributes. The resulting scan data is factual and observational in nature.
    

By using the Service, you acknowledge and agree that:

Discover scans only publicly accessible portions of websites. It does not bypass authentication, access restricted areas, or engage in unauthorized access of any kind.
Scan results reflect the state of a website at the time of scanning. Websites may change their behavior at any time, and prior scan results may not reflect the current state of a website.
Detection reports identify the presence or absence of specific technical elements (e.g., tracking pixels, session replay scripts, consent mechanisms, accessibility attributes). These detections are observational and based on automated technical analysis.
DELIBERIZE does not guarantee the accuracy, completeness, or legal significance of any scan results. Detection of a technical element does not necessarily constitute a legal violation.
Discover does not guarantee legal outcomes. The presence of detected elements, even those associated with statutory violations, does not guarantee that litigation will be successful, that a court will find a violation, or that damages will be awarded.

10. No Legal Advice

        DELIBERIZE Content, including research notes and investigation worksheets, may be generated by automated systems and does not constitute legal advice. Discover is a tool to assist legal professionals in their research and case evaluation; it is not a substitute for the professional judgment of a licensed attorney.
    

You are solely responsible for independently verifying all information, legal theories, case citations, and analyses provided by the Service before relying upon them in any legal proceeding or professional context. DELIBERIZE is not a law firm and does not provide legal representation.

11. Content Use Restrictions

You agree not to use the Service or any DELIBERIZE Content to:

Engage in any activity that violates applicable law or regulation.
Harass, intimidate, or threaten any individual or entity.
Misrepresent scan results, fabricate or alter detection data, or present DELIBERIZE Content as if it were independently created legal analysis.
Use the Service for any purpose other than legitimate legal research, litigation preparation, or compliance assessment.

12. Prohibited Uses

You agree not to:

Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or detection methodologies of the Service.
Use automated tools, bots, scrapers, or data mining techniques to extract data from the Service (other than through the Service's intended functionality).
Introduce any viruses, Trojan horses, worms, time bombs, or other malicious or harmful code into the Service.
Attempt to gain unauthorized access to the Service, other user accounts, or any systems or networks connected to the Service.
Use the Service to conduct scans on behalf of a third party without proper authorization.
Circumvent, disable, or interfere with any security features or access controls of the Service.
Use the Service in a manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

13. Disclaimer of Warranties

THE SERVICE AND ALL DELIBERIZE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

DELIBERIZE DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) SCAN RESULTS WILL BE ACCURATE OR COMPLETE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (E) ANY LEGAL THEORIES, CASE CITATIONS, OR ANALYSES IN DELIBERIZE CONTENT ARE CURRENT, CORRECT, OR APPLICABLE TO YOUR JURISDICTION OR CIRCUMSTANCES.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELIBERIZE, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
ANY DELIBERIZE CONTENT OBTAINED FROM THE SERVICE;
ANY RELIANCE ON SCAN RESULTS, LEGAL MEMOS, COMPLAINT OUTLINES, DEMAND LETTERS, DAMAGES ESTIMATES, OR ANY OTHER DELIBERIZE CONTENT IN CONNECTION WITH ANY LEGAL PROCEEDING;
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL DELIBERIZE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO DELIBERIZE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to defend, indemnify, and hold harmless DELIBERIZE, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Service;
Your violation of these Terms;
Your violation of any third-party right, including any intellectual property, privacy, or proprietary right;
Any claim that your User Content caused damage to a third party;
Any legal proceeding you initiate or participate in based on or informed by DELIBERIZE Content.

16. Choice of Law

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

17. Arbitration and Dispute Resolution

17.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this arbitration provision.

17.2 Class Action Waiver

YOU AND DELIBERIZE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

17.3 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

18. Changes to Terms

DELIBERIZE reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

18.1 Opt-Out Right

If we make material changes to the arbitration provision or class action waiver, you may opt out of the revised terms within 30 days of the change by sending written notice to info@deliberize.com with the subject line "Terms Opt-Out." Your opt-out will apply only to the specific changes identified in your notice; all other provisions of these Terms will remain in effect.

19. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Sections that by their nature should survive termination shall survive, including but not limited to Sections 8, 9, 10, 13, 14, 15, 16, and 17.

20. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

21. Entire Agreement

For future pilot transactions after activation, the accepted Terms and specific order description form the agreement. This proposed revision does not supersede completed purchase agreements or reduce existing buyer rights.

22. Contact Information

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

DELIBERIZE LLC
Email: info@deliberize.com

Registered Agent:
NORTHWEST REGISTERED AGENT LLC
418 BROADWAY, STE N
ALBANY, NY 12207