Terms of Service

1. The parties and the service

These Terms are between Brennick LLC, a California limited liability company ("Brennick"), and the law firm that subscribes ("Customer" or "the firm"). Brennick provides software for case intake, document analysis, records retrieval and case operations (the "Service").

The person accepting these Terms represents that they are authorized to bind the firm.

2. Not legal advice; attorney supervision

Brennick is a software tool for licensed attorneys and their supervised staff. It does not provide legal advice and does not form an attorney-client relationship with anyone.

Output generated by artificial intelligence (chronologies, gap flags, strength assessments, damages estimates, demand drafts and records-request letters) may contain errors and requires independent review by a licensed attorney before it is relied on. The Service never decides whether the firm accepts a case and never replaces an attorney’s judgment. The firm remains responsible for supervising its lawyers and staff and their use of the Service, including under ABA Model Rule 5.3 and its state equivalent. The Service’s approval steps and audit log support that supervision; they do not satisfy it.

The Service is designed so that no AI-generated output reaches a client without an explicit approval by a firm user, and every generation and review is recorded in an audit log the firm can export.

2A. Artificial intelligence and access to firm data

Brennick restricts access to the firm’s data to authorized persons who are bound by confidentiality: Brennick personnel who need it to operate, secure or support the Service, and Brennick’s sub-processors to the extent their task requires.

The firm remains responsible for verifying AI-generated output before it is used, and for any disclosure of the use of artificial intelligence that a court, a rule or an order requires of the firm or its lawyers.

3. Accounts and acceptable use

The firm is responsible for its users, their credentials and their conduct, and will require multi-factor authentication for its users where the Service offers it. The firm will not: upload content it has no right to process, or malware; attempt to access another customer’s data; probe or disrupt the Service; use the Service to send unsolicited communications; share accounts or credentials, or resell or sublicense access; copy, reverse engineer or extract the Service’s software, prompts or models; access the Service by automated means other than the integrations and exports Brennick provides; use the Service or its output to build a competing product or to publish benchmarks of it; or use AI-generated output to train or improve a machine-learning model.

Client-facing features (intake page, portal, notifications) must be used in compliance with the rules of professional conduct and applicable advertising, privacy and telecommunications law.

4. Fees

Subscriptions are flat monthly or annual fees by plan. Annual plans are billed at 10% off the plan price. Fees are never linked to the outcome of any matter. Brennick may change the price of a plan, an extra case or an attorney seat by emailing the firm’s administrators at least 60 days before the change takes effect. A change applies to a monthly plan from its first renewal after that notice and to an annual plan from its next renewal; it never changes the price of a term the firm has already paid, and extra cases already bought keep their price. A firm that does not accept a new price may cancel before it applies.

Cases and billing. Each plan includes a number of new cases per month, shown on the pricing page. A case counts when the firm accepts it, or when the firm chooses to have the Service analyze it before deciding, and only if that first analysis completes. A submission the firm declines without choosing to analyze it never counts, and re-running a case or adding records to it does not count again. Included cases reset each month and do not roll over. After the included cases, each case uses an extra case. Firm administrators buy extra cases in the Service at $10 each, on every plan including annual plans; extra cases are charged to the payment method on file when they are bought, carry over until used and do not expire. A case that needs an extra case waits until one is bought, and Brennick never stops a case that is already being processed. Brennick notifies the firm's administrators by email when the firm reaches 80% and 100% of its included cases. If a firm's use of the Service is far above what its plan is designed for, Brennick may contact the firm to move it to an Enterprise plan.

Extra cases are bought automatically only when a firm admin turns on automatic extra cases in Settings, up to the monthly number of cases the admin sets; each is charged at the extra-case price to the payment method on file when the case needs it.

Each plan includes the number of attorneys shown on the pricing page. A firm may add attorney seats at $99 per seat per month (10% less on annual plans). An added seat is charged when it is added, prorated for the rest of the current billing period, and then renews with the plan. A removed seat is not refunded; the removal applies from the next renewal. Staff who are not attorneys may be added without charge. Only an attorney may approve AI-generated output.

One free trial is available per firm. The trial lasts the number of days shown on the pricing page and requires a payment card. Nothing is charged during the trial: the first charge is on the day after the trial ends, and a firm that cancels in Settings before then is not charged. Before the trial ends, Brennick emails the firm’s administrators the date of the first charge, the amount and how to cancel in the Service. A trial that duplicates a previous trial (same email domain or payment card) is converted to a paid subscription immediately. Prices do not include tax; sales tax is added at checkout and on each invoice where it applies.

5. Customer data, confidentiality and retention

The firm owns its data. Brennick processes it only to provide the Service, as described in the Data Processing Addendum. Brennick and its personnel keep Customer Data confidential whether or not it is marked confidential. Customer Data may include attorney-client communications, attorney work product and other material the firm must keep confidential under its rules of professional conduct; Brennick holds it as the firm’s confidential agent for the purpose of providing the Service, and neither these Terms nor Brennick’s access to Customer Data is intended to waive any privilege or protection that applies to it.

The firm’s own records are the system of record. Brennick is not a records custodian for the firm or its clients: the Service is a working tool, and the firm keeps its own file of documents, approved work product, correspondence and deadlines. The retention and deletion terms below apply whatever the firm’s own obligations to keep records are.

Brennick does not sell or share Customer Data and does not use it to train artificial-intelligence models; Brennick’s AI provider is contractually prohibited from training on it.

If a subpoena, court order, warrant or other legal process requires Brennick to disclose Customer Data, Brennick will tell the firm promptly and, where the law allows, before disclosing, so the firm can seek to limit or prevent the disclosure; Brennick will disclose only what the process requires, will cooperate reasonably with the firm’s objection at the firm’s expense, and will otherwise disclose Customer Data to no third party except as these Terms and the Data Processing Addendum allow.

While the subscription is active, the firm’s data is kept for the life of the subscription, and the firm can export all of it at any time.

After cancellation, the firm’s data is kept for 90 days so the firm can export it. Brennick sends export reminders to the firm’s administrators at cancellation and 30, 60 and 83 days after it. A legal hold pauses deletion.

After 90 days, Brennick permanently deletes the firm’s data from its database, its file storage (every stored version), its client sign-in service, its e-signature provider and its SMS provider’s message logs, and removes the firm’s staff accounts that belong to no other firm.

Deleted data leaves database and file backups within 7 days after deletion. Backups are restored only for disaster recovery.

After deletion Brennick keeps only: billing and invoice records for 7 years (tax); SMS consent and opt-out records (the phone number, when consent was given and to which text, and when it was withdrawn) for 4 years; trial-abuse markers (a one-way hash of the email domain and the payment card fingerprint) for 24 months; an audit skeleton (event types, times, actor identifiers and case identifiers, with no content) for 6 years; and a record that the deletion happened, with counts only, for 6 years. Each is deleted on its own date.

Some providers keep copies Brennick cannot delete on request: the AI model provider retains inputs and outputs for up to 30 days by default (and flagged content longer under its own policy), and the SMS provider may keep message bodies in its backups for up to 30 days. Data a firm chose to send to its own third-party accounts (for example Clio or Google Calendar) stays in those accounts.

A firm administrator can permanently delete an individual case at any time, except while a legal hold is in place; a record that the case was deleted, without its contents, remains in the firm’s audit log.

5A. HIPAA

HIPAA. Brennick is not a business associate under HIPAA and does not sign business associate agreements. The firm represents and warrants that it will not use the Service to create, receive, maintain or transmit protected health information on behalf of a HIPAA covered entity or business associate, including in its capacity as counsel to a health care provider, health plan or health care clearinghouse. Records that the firm's clients authorize to be released to the firm for the clients' own matters are not affected by this section. If any data the firm holds in the Service becomes subject to HIPAA in the firm's hands, the firm will notify Brennick and stop using the Service for that data.

6. Third-party integrations

If the firm connects a third-party service (for example Clio or Google Calendar), the firm directs Brennick to send the data described on the integrations screen to that service, whose own terms then govern it.

6A. Availability and support

Brennick aims to keep the Service available at all times. Brennick tells the firm’s administrators in the Service and by email at least 24 hours before planned maintenance that will interrupt the Service, where it can, and schedules it outside Pacific business hours where it can. Brennick publishes the Service’s current status at a status page named in the Service. Support is by email at support@brennick.ai; Brennick answers within one business day (Pacific time) and treats a report that the Service is unavailable or that data is at risk as urgent. Brennick does not promise a particular percentage of availability and gives no service credits; section 7 applies.

7. Warranties and liability

7. Warranties and liability. (a) The Service, including all AI-generated output, is provided "as is" and "as available". Brennick does not warrant that any output is accurate, complete or fit for any purpose. AI-generated output is a draft for review by a licensed attorney. The firm is solely responsible for reviewing and verifying output and for deciding whether to rely on it, and Brennick has no liability for any decision, filing, communication or advice that relies on it. (b) To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, fees, goodwill or data, however caused and even if advised of the possibility. (c) To the maximum extent permitted by law, each party's total liability arising out of or relating to these Terms is limited to the fees the firm paid Brennick in the three months before the event giving rise to the claim, except that for Brennick's breach of its confidentiality obligations in section 5 or of the security and breach-notice obligations in the Data Processing Addendum the limit is the fees the firm paid Brennick in the twelve months before the event. (d) These limits do not apply to the firm's payment obligations, either party's indemnity obligations, or liability that cannot be limited under applicable law. (e) Any claim must be brought within one year after the claiming party knew or should have known of it.

8. Indemnities

(a) Brennick will defend the firm against any third-party claim alleging that the Service, as Brennick provides it and used in accordance with these Terms, infringes that third party’s United States patent, copyright or trademark or misappropriates its trade secret, and will pay the damages and costs finally awarded against the firm or agreed by Brennick in settlement. Brennick has no obligation for a claim arising from the firm’s data, from a combination with anything Brennick did not provide, or from use after Brennick offered a non-infringing alternative.

(b) The firm will defend Brennick against any third-party claim arising from the data the firm puts into the Service, from the firm’s breach of section 3 or section 5A, or from any advice, filing or communication the firm or its lawyers make using the Service, and will pay the damages and costs finally awarded against Brennick or agreed by the firm in settlement.

(c) The party seeking defense must give prompt written notice of the claim, reasonable cooperation at the defending party’s expense, and sole control of the defense and settlement, except that no settlement may impose an admission, payment or obligation on the defended party without its written consent. This section states each party’s entire obligation, and exclusive remedy, for third-party claims of these kinds.

9. Term, termination and changes

A monthly plan renews each month. The firm may cancel at any time in Settings; the plan does not renew and stays available until the end of the month already paid for. Either party may end a monthly plan at the end of a billing period.

An annual plan runs for twelve months from its start and renews for another twelve months unless the firm cancels before the renewal date. Brennick emails the firm’s administrators at least 30 days before an annual plan renews, with the renewal price and how to cancel in the Service. The firm may cancel at any time in Settings; canceling stops the renewal, and the plan stays available until the end of the year already paid for.

No refunds. All fees are non-refundable, including plan fees, bought extra cases and removed attorney seats, and no partial or prorated refund is given for any unused part of a billing period or term. The only exceptions are these: Brennick refunds the prepaid fees for the rest of the paid term pro rata if Brennick ends the plan without cause, ends it for its own breach, or the firm ends it under the sub-processor objection right in the Data Processing Addendum, and as the next paragraph provides when a new version of these Terms reduces Brennick’s commitments.

Brennick may suspend the Service for non-payment or a security risk, with notice where it can give it. Brennick will give at least 30 days’ notice of material changes to these Terms, the Privacy Policy or the Data Processing Addendum, and the firm will be asked to accept the new version. A new version does not reduce Brennick’s confidentiality, security, retention, export or sub-processor commitments for the rest of a term the firm has paid for unless the firm agrees. A firm that does not accept a new version may cancel; on an annual plan, Brennick refunds the prepaid fees for the rest of the term pro rata if the new version reduced those commitments and the firm cancels because of it.

10. General

Governing law and venue. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The state and federal courts for Sacramento County, California have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms, and each party consents to them.

Assignment. Neither party may assign these Terms without the other’s written consent, except to a successor in a merger, acquisition or sale of all or substantially all of the assigning party’s business or assets, with written notice. Any other attempted assignment is void.

Notices. Legal notices to Brennick go to legal@brennick.ai. Notices to the firm go to the email address of its administrators on the account. An emailed notice is given when sent, unless the sender learns it was not delivered.

Force majeure. Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, war, terrorism, labor action, government action, or failures of the internet, utilities or a cloud provider, as long as it uses reasonable efforts to resume. This does not excuse payment obligations.

Entire agreement. These Terms, the Data Processing Addendum and the plan the firm selected are the entire agreement between the parties about the Service and supersede all prior agreements and understandings about it. If any provision is unenforceable, the rest remains in effect. A waiver must be in writing.

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