Redact Pro

Terms of Service

TERMS OF SERVICE BY HIVEMIND LEGAL TECH, LLC

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES.

Welcome to the HiveMind Legal Tech, LLC (“HiveMind”) website (“Website”). These Terms of Service (“Terms”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. Please read these Terms carefully before using our Website.

ACCEPTANCE OF TERMS

By accessing or using the Website, you agree to be bound by these Terms and our posted Policies. If you do not agree with any part of these Terms, you must not access or use the Website or download any of our software.

 

  1. ACCESS TO THE WEBSITE
    1. Eligibility: You must be at least 18 years old to access or use the Website. By accessing or using the Website, you represent and warrant that you are 18 years of age or older.
    2. User Account: Some features of the Website may require you to create a user account. When creating an account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
    3. Account Termination: HiveMind reserves the right to suspend or terminate your account and refuse any current or future use of the Website if you violate these Terms or engage in any fraudulent, abusive, or illegal activities.

 

  1. USE TERMS OF SERVICE CLAUSE AND BINDING EFFECT OF END-USER LICENSE AGREEMENT (EULA)
    1. Acceptance of Terms: By downloading and/or using HiveMind’s Redact Pro Beta software (“Software”) from the Website, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of the End-User License Agreement (“EULA”) found HERE. The EULA governs your use of the Software and is an integral part of these Terms and are incorporated in full, as if fully set forth herein. If you do not agree to the terms of the EULA, you are not authorized to download or use the Software.
    2. EULA as Governing Document For Use of Redact Pro Software: You acknowledge and agree that the EULA, along with any updates or modifications thereto, shall be the sole and exclusive agreement between you and HiveMind regarding your use of the Software. In the event of any conflict between the terms of these Terms and the EULA, the provisions of the EULA shall prevail.
    3. Scope of EULA: The EULA sets forth the rights and restrictions relating to your use of the Software, including but not limited to the license grant, limitations on use, intellectual property rights, disclaimers of warranty, limitations of liability, and termination provisions. By downloading and/or using the Software, you expressly agree to comply with all terms and conditions stated in the EULA.
    4. Severability: In the event that any provision of the EULA is determined to be invalid, illegal, or unenforceable, such provision shall be severed from the EULA, and the remaining provisions of the Terms and EULA shall continue in full force and effect.
    5. Modifications: HiveMind reserves the right to modify the Terms and EULA at any time, without prior notice. Any modifications to the Terms and EULA will be effective immediately upon posting on the HiveMind website or through other means of notice. Your continued use of the Software following any such modifications constitutes your acceptance of the modified Terms and EULA.

 

  1. INTELLECTUAL PROPERTY
    1. Ownership: The Website, its content, and its software, including but not limited to text, graphics, logos, images, videos, software, and any other materials, are owned by HiveMind or its licensors and are protected by intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works of any content from the Website without the prior written consent of HiveMind.
    2. Trademarks: The HiveMind Legal Tech name, logo, and any other HiveMind trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of HiveMind. You may not use any HiveMind trademarks without HiveMind’s prior written permission.
    3. Software: Redact Pro is owned by HiveMind and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This includes, but is not limited to, the source code, object code, underlying structure, idea, user interface and any proprietary algorithms and methodologies used in Redact Pro. HiveMind retains all rights, title, and ownership to Redact Pro and all subsequent copies regardless of the form or media. You acknowledge that you have no rights or interests in Redact Pro other than the rights granted under the EULA. You also agree not to remove any proprietary notices, labels or marks from Redact Pro and to prevent any unauthorized copying of Redact Pro.

 

  1. THIRD-PARTY LINKS AND CONTENT
    1. Third-Party Websites: The Website may contain links to third-party websites that are not owned or controlled by HiveMind. HiveMind has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By accessing third-party websites, you do so at your own risk, and you should review the applicable terms and policies of those websites.
    2. User-Generated Content: The Website may allow users to submit or post content, including but not limited to comments, reviews, or other materials. HiveMind does not endorse or control any user-generated content and disclaims all liability for any user-generated content. By submitting or posting content on the Website, you grant HiveMind a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.

 

  1. PROHIBITED CONDUCT
    1. When accessing or using the Website or posting in any blog or social media account linked to this website, you agree not to:
      1. Violate any applicable laws, regulations, or these Terms.
      2. Use the Website or social media pages for any unauthorized or illegal purpose.
      3. Interfere with or disrupt the operation of the Website or its servers.
      4. Upload or transmit any viruses, malware, or other harmful code.
      5. Attempt to gain unauthorized access to the Website or its systems or networks.
      6. Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
      7. Collect or store personal information from other users without their consent.
      8. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

 

  1. DISCLAIMER OF WARRANTIES
    1. As Is: The HiveMind website and Redact Pro software are provided “AS IS” without warranty of any kind, whether express, implied, statutory, or otherwise. HiveMind specifically disclaims all implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
    2. Use at Your Own Risk: HiveMind does not guarantee that the website or Redact Pro Beta Software will meet your requirements or that its operation will be uninterrupted or error-free. You assume full responsibility for the selection of Redact Pro Beta to achieve your intended results and for the installation, use, and results obtained from Redact Pro Beta.
    3. No Responsibility for Failures of Redaction: HiveMind is not responsible for any failure of the tool Redact Pro Beta to accurately and completely redact confidential or sensitive information, or any resulting exposure or disclosure of personally identifiable data or any other sensitive or confidential information. You acknowledge and agree that it is your or your law firm’s ultimate responsibility to review and verify your entire document before publicly filing any document or otherwise disclosing information.
    4. Compliance with Laws and Rules: You are solely responsible for ensuring that your use of Redact Pro Beta complies with all applicable laws and regulations, including those related to the redaction of personally identifiable data or other sensitive or confidential information, in your jurisdiction.
    5. INDEMNIFICATION: You agree to indemnify, hold harmless and defend HiveMind and its its parent companies, subsidiaries, members, directors, officers, employees, affiliates, heirs, assigns, and agents from and against any and all claims, lawsuits, damages, losses, liabilities, costs and expenses (including reasonable legal and experts fees) arising out of or relating to your breach of these Terms.
    6. No Responsibility for Damages:
      HiveMind is NOT responsible for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages due to your use of the Website or your failure to redact confidential information. You acknowledge that it is your responsibility to redact your documents properly. Your failure to properly redact confidential information can lead to various potential damages, and that you are releasing HiveMind, its parent companies, subsidiaries, members, directors, officers, employees, affiliates, heirs, assigns, and agents, from any liability due to your failures and the failures of Redact Pro.  You are releasing, indemnifying and holding HiveMind harmless from any damages related, but not limited, to the following:
      1. Breach of Privacy: Improper redaction of confidential information can result in a breach of privacy, exposing sensitive personal or proprietary data to unauthorized individuals or entities. This breach can lead to identity theft, fraud, or other malicious activities targeting individuals or organizations.
      2. Legal Consequences: If confidential information that is subject to legal protection, such as personally identifiable information (PII), trade secrets, or intellectual property, is not properly redacted, it may violate applicable laws and regulations. This can result in legal consequences, including regulatory fines, lawsuits, and damage to the organization’s reputation.
      3. Data Security Breach: Improper redaction may inadvertently disclose confidential information that should have been protected. This can result in a data security breach, allowing unauthorized access to sensitive data, leading to financial loss, reputational damage, and potential legal liability.
      4. Loss of Competitive Advantage: In cases where confidential business information, such as strategic plans, financial data, or client lists, is not appropriately redacted, it may be exposed to competitors or the public. This can lead to a loss of competitive advantage, loss of market share, or potential damage to business relationships.
      5. Reputational Damage: Improper redaction can harm an organization’s reputation, particularly if it involves the mishandling of customer data or sensitive information. This can erode trust among customers, partners, and stakeholders, resulting in a loss of business opportunities and long-term damage to the organization’s brand image.
      6. Non-Compliance with Contractual Obligations: Failure to properly redact confidential information may violate contractual obligations, especially when dealing with non-disclosure agreements (NDAs) or confidentiality agreements. This can lead to legal disputes, financial penalties, and strained business relationships with partners or clients.

 

  1. LIMITATION OF LIABILITY FOR USE OF WEBSITE
    1. No Consequential Damages: In no event shall HiveMind or its parent companies, subsidiaries, members, directors, officers, employees, affiliates, heirs, assigns, and agents, be liable for any indirect, consequential, incidental, punitive, or special damages arising out of or in connection with your use of or inability to use the Website.
    2. Limited Liability: HiveMind’s total liability to you for any claim arising out of or relating to the Website or these Terms shall be limited to the amount you paid, if any, to HiveMind for accessing the Website.

 

  1. PRIVACY
    1. Your privacy is important to us. Please review our Privacy Policy HERE to understand how we collect, use, and disclose your information when you use the Website.

 

  1. TERMINATION
    1. HiveMind may terminate or suspend your access to the Website, in whole or in part, at any time and for any reason without prior notice or liability.

 

  1. DISPUTE RESOLUTION AND ARBITRATION
    1. Agreement to Mediate/Arbitrate: Any controversy or claim arising out of or relating to these Terms or the EULA or the breach, termination, enforcement, interpretation or validity thereof, or to the use of Redact Pro (collectively, “Disputes”), the relationship resulting in or from these Terms or the EULA or breach of any duties hereunder will be settled by Arbitration in accordance with the Arbitration Rules of the U. S. Arbitration & Mediation (“USA&M”) which may be found at www.usam.com.
    2. All hearings will be held in St. Louis, Missouri before an Arbitrator who is a licensed attorney with at least 15 years of experience. A judgment upon the award rendered by the Arbitrator shall be entered in a Court with competent jurisdiction. 
    3. The Federal Arbitration Act (Title 9 U.S. Code Section 1 et. seq.) shall govern all arbitration and confirmation proceedings.
    4. As a condition precedent to the filing of an arbitration claim, the parties agree to first mediate any claims between them at USA&M. Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration.  The parties will share the cost of mediation equally. 
    5. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy will not waive the moving party’s right to compel arbitration of any dispute.   The parties agree to also meet and negotiate in good faith in order to resolve any disputes which may arise between them. 

 

  1. VENUE IF AN ACTION IS FILED ON THE VALIDITY OF THE MANDATORY ARBITRATION PROVISION:
    1. Agreement to Venue: You agree that any action, suit, or proceeding arising out of or relating to mandatory arbitration clause in these Terms, including any disputes, claims, or controversies, shall be filed and litigated exclusively in the state or federal courts located in St. Louis County, Missouri, to the extent permitted by law.
    2. Waiver of Objections: By accepting these Terms, you consent to personal jurisdiction in any court located in St. Louis County, Missouri, and waive any objections to the laying of venue in such courts. You agree that any legal action or proceeding between you and HiveMind shall be governed by the laws of the State of Missouri, without regard to conflict of law provisions.

 

  1. FORCE MAJEURE
    1. Definition: Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, fires, floods, earthquakes, pandemics, epidemics, acts of war, terrorism, civil unrest, labor disputes, governmental actions, or any other event or circumstance beyond the control of the party affected (“Force Majeure Event”).
    2. Notice and Mitigation: In the event of a Force Majeure Event, the party affected shall promptly notify the other party in writing, providing details of the Force Majeure Event and the expected impact on its ability to perform its obligations under these Terms. The party affected shall take all reasonable steps to mitigate the effects of the Force Majeure Event and resume the performance of its obligations as soon as practicable.
    3. Extension of Time: The time for performance of the affected party’s obligations under these Terms shall be extended for the duration of the Force Majeure Event. If the Force Majeure Event continues for a period of more than 180 days, either party may terminate these Terms by providing written notice to the other party without any liability except for any payment obligations accrued prior to the termination.
    4. No Waiver: The occurrence of a Force Majeure Event shall not excuse or waive the affected party’s obligation to make any payment due under these Terms, except as otherwise expressly stated in this clause.

 

  1. LIMITATION OF CLAIMS
    1. No claim may be brought as a class action or collective action, whether in court, arbitration, or otherwise. Recognizing there is a mandatory arbitration clause, both you and HiveMind agree to only bring claims, if possible, on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. An arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding.
    2. Except for claims for indemnification or as otherwise required by Missouri law, no claim or action, regardless of form, arising out of these Terms may be brought by either party more than five (5) years after the cause of action has accrued in accordance with Missouri’s statute of limitations (RSMo §516.120).

 

  1. GOVERNING LAW
    1. These Terms is governed by the laws of the State of Missouri, without regard to Missouri’s conflict or choice of law provisions.

 

  1. MODIFICATIONS TO TERMS
    1. HiveMind reserves the right to modify or revise these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Website. Your continued use of the Website after the posting of any changes constitutes your acceptance of the modified Terms.

 

  1. CONTACT US:
    1. If you have any questions or concerns regarding these Terms or the Website, please contact us at:
    2. Email: info@hivemindlegal.com
    3. Postal Address: HiveMind Legal Tech, LLC, 2900 Dougherty Ferry, Suite 100, St. Louis, MO 63122