Terms of use
Use of this site (including all subdomains of casefox.com) and software is subject to the following terms and conditions. The term "you" used herein includes you personally and all current and future users of your CaseFox account.
SCOPE OF LICENSE
This agreement only gives you some rights to use the CaseFox software. CaseFox reserves all other rights, including copyright and other intellectual property rights. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You will not reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits.
ELECTRONIC COMMUNICATION.
COMMUNICATION. You agree to receive communications from us electronically. You also agree to receive all agreements, disclosures, notices, customer service responses, account-related communication, and other necessary communication electronically. You agree that the communication you receive from us electronically will satisfy any legal requirement that such communication is in writing.
DATA.
You represent and warrant that you own or otherwise control all of the rights to the data you upload to the Software. You acknowledge and agree that your account and all data associated with it may be deleted upon your request at any time or within a reasonable time upon account termination. You own the data that you enter into the Software. We will not disclose your data to anybody without your consent. If a court or a government body requests your data, we will communicate the request to you to enable you to oppose the request, at your own cost, if you so desire. If you fail to have the data access request overturned, we may disclose the requested data to the requesting body. We may access your data for the purpose of providing customer service to your or for maintaining/improving the Software. You agree that any other type of data such as comments, feedback, problem reports, suggestions, etc. that you may provide in the future will become the property of CaseFox upon receipt. Calendaring Rules created by you may be shared (anonymously) with other users to build a database of calendaring rules through community participation. We reserve the right to refuse service to anyone. We reserve the right to cancel a free account if the free account owner un-subscribes from the CaseFox mailing list.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CASEFOX, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CASEFOX, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CASEFOX, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CASEFOX, INC. DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM CASEFOX, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CASEFOX, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW.
By using the Software, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and CaseFox. You agree that this agreement will be deemed signed in the County of Santa Clara, California and the Santa Clara County Superior Court or a Federal Court in the county of Santa Clara will be the only venue to resolve any disputes relating to your use of CaseFox.
(A) TERMINATION.
We may terminate your account, delete your profile and any content or information that you have entered (after giving you a reasonable opportunity to download your data) and/or prohibit you from using or accessing the Software (or any portion, aspect or feature of the Software) if you violate the terms of use or fail to pay subscription fees. You may cancel your subscription and terminate your account at any time. If you voluntarily cancel your subscription, prior to cancelling your account you may download your data by using the “Export All” function and/or other export functions (if you choose to do so). In case we cancel your account, we will notify you so that you have an opportunity to download your data (time/expense tracking data, trust fund transactions, client list and case list). You may also download trust transactions in one Excel workbook by going to “Accounts” and clicking on “Export All Accounts” link on the right-hand side pane. We may also choose to keep (as dormant) some or all data in the CaseFox databases after the termination or cancellation of your account (even when the cancellation is requested by you). The account can be cancelled by a user by visiting “Settings” -> ” Subscriptions and Billing” -> “Delete My Account” button. Please read the instructions on the cancel page carefully. Free accounts with no activity for a long period of time may be cancelled at our discretion. For a paid plan account, the subscription fees will continue to accrue until the account is terminated.
(B) NO DUPLICATE ACCOUNTS
You are prohibited from creating multiple free accounts. We reserves the right to delete or disable subsequently created duplicate account(s) associated with a same firm or professional.
(C) INACTIVE ACCOUNTS
At our discretion, we may delete a free account that has not been used for recording new productive data in the last six months. We may delete free accounts at any time after one month when it appears that the creator of the account has no intention of using the account for productive use (e.g., the name of the firm has not been set, no productive data is entered, etc.).
(D) ACCOUNT CANCELLATION REQUESTS.
WE DO NOT ENTERTAIN REQUESTS FOR ACCOUNT CANCELLATIONS VIA EMAILS OR PHONE. You may cancel your account by going to “Settings” -> Subscriptions and Billing and clicking on “Delete My Account” button. An email will be sent to confirm the deletion. The account will be deleted only after you click on the link in the email. Similarly, unsubscribe from mailings or emails requests will not be entertained. Unsubscribing (using links in the emails) from mailings is solely your responsibility
At our discretion, we may delete a free account that has not been used for recording new productive data in the last six months. We may delete free accounts at any time after one month when it appears that the creator of the account has no intention of using the account for productive use (e.g., the name of the firm has not been set, no productive data is entered, etc.).
(E) MAINTAINING WORKING EMAIL ADDRESS.
It is your responsibility to maintain a working email address associated with the first admin user of your account. If the email address of the first admin user bounces continuously for more than two months, we may deactivate or delete (basic subscription accounts only) your account.
NO REFUND FOR PARTIAL-MONTH.
All types of monthly fees once paid, are non-refundable. However, a yearly subscription payment is refundable on a prorated basis (unused whole months) when the account is canceled. ALL SUBSCRIPTIONS AUTO-RENEW AT THE SAME TERMS AS BEFORE. A PAYMENT ACKNOWLEDGEMENT IS SENT VIA EMAIL. IF YOU WISH NOT TO CONTINUE, PLEASE SEND US AN EMAIL WITHIN 3 DAYS OF THE RENEWAL PAYMENT DATE TO RECEIVE A REFUND.
DATA RETENTION.
To keep the system and your account efficient, data older than 5 years may be purged with prior notice to enable you to export your old data into MS Excel or other humans/machine-readable formats.
CASE COUNT.
Every addition of a new case increments the case count for the purpose of counting the subscription plan number of cases. This count does not decrease when a case is archived/closed. However, you may delete cases to reduce the case count. Note that all data related to a case to be deleted must also be deleted prior to deleting the case and the deleted data will be lost forever.
USER COUNT.
In a paid subscription plan, there is no additional charge for the first four active users. Additional active users are charged per our pricing plan. Promotional discounts, if any, do not apply to additional user charges. Disabled users (e.g., staff members of your firm that are marked disabled in your CaseFox account) do not count towards user count. Pricing and terms are subject to change without notice. Your continued use of the Software would constitute your acceptance of the modified terms.
ACCOUNT MERGING /EXPORT OF DATA.
We will not export data from one account to another.
SERVICE INTERRUPTIONS
We will use best efforts to provide 24/7 access to the Software. However, from time to time, we may need to shut-down the Software, without prior notice, for maintenance, upgrade, backup and other housekeeping purposes. Technical issues, Internet outage, data center issues, database issues, system errors, server failures, etc. may also cause service interruptions.
LIMITATION ON AND EXCLUSION OF DAMAGES.
You can recover from us only direct damages up to the amount you paid in the month the alleged loss occurred, for the service provided by us. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental.
NOTICE
You agree to give us 60 (sixty) days to resolve and remedy any grievances prior to initiating any kind of legal action against us. You agree that legal action against us can only be brought in the state or federal courts located in the County of Santa Clara, California.
ON SCREEN TERMS.
Some application screens of the Software may include usage terms and conditions. Those terms and conditions, if any, are incorporated herein by reference.
PRICING
Pricing may change at any time without notice. Pricing listed on the CaseFox Pricing page is the only applicable pricing.
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