Please review this Terms of Use Agreement (the “Agreement”) carefully as it applies to your use of the online services and products of this esiflow.com by EDISCOVERIST Inc. website (“EDISCOVERIST” or “ESI Flow” or “we” or “us”), including all subdomains hereof (the “Site”) and any and all mobile apps offered by us (each, an “App”) (the Site and Apps, along with any content, products and services made available on or through the Site and Apps, the “Services”). Your use of the Services constitutes your agreement to these terms.

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, AS THEY MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING HOW YOU MAY RESOLVE DISPUTES THROUGH ARBITRATION.

1. Acceptance of Terms and Modifications
Our Services are made available subject to this Agreement. We may update these terms from time to time. We may provide you with notice of such changes by any reasonable means, including posting the revised version of this Agreement through our Services. If you do not agree with the proposed changes, you should discontinue use of the Services. 

2. Nature of Services
Our Services include the ESI Flow website, Microsoft Word add-in, AI-assisted workflow tools, educational resources, and related services designed to support litigation and discovery workflows. We reserve the right to expand, contract, modify, suspend, or discontinue any of the Services, with or without notice; and charge, modify, or waive fees in connection with the use of any Services.

The Services are designed to provide general information and are not intended to constitute legal or professional advice. The Services are not guaranteed to be accurate or applicable to a specific situation. If you believe you require legal advice, please seek the services of a qualified professional.

ESI Flow provides software tools and workflow guidance. Users remain solely responsible for all legal analysis, litigation strategy, drafting decisions, negotiations, and compliance with applicable law and court rules.

The Services do not constitute a solicitation for the formation of an attorney-client relationship. No information conveyed or exchanged as part of the Services are confidential or otherwise protected by any attorney-client privilege.

Our collection, use, disclosure, retention, and protection of your personal information is governed by the ESI Flow’s Privacy Notice (the “Privacy Notice”).

Artificial Intelligence Features

Certain Services include artificial intelligence features that assist with workflow guidance, document analysis, procedural review, and drafting support.

AI-generated content is intended to assist attorneys and litigation professionals and should always be independently reviewed before use.

Users remain responsible for exercising professional judgment when relying on AI-assisted outputs.

Microsoft Word Add-in

Certain functionality is delivered through a Microsoft Word add-in.

Availability may vary based on supported Microsoft Office versions and organizational IT policies.

The availability of these features depends on compatible Microsoft software, user permissions, and supported environments.

We are not responsible for limitations resulting from Microsoft platform availability or third-party services.

3. Rules of Conduct
In using the Services, you will comply with all applicable laws, rules and regulations, and will respect the rights and dignity of others. For example, you must not:

(a) Post, transmit, or otherwise make available through the Services:

(1) anything that could be (i) threatening, harassing, discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) related to alcohol, wagering, gambling, tobacco products, ammunition or firearms;

(2) anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense;

(3) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;

(4) any advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation; or

(5) any material, non-public information about a company or any securities or other financial instrument.

(b) Use the Services:

(1) to defame, abuse, harass, stalk, threaten, harvest, or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity;

(2) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse you; or

(3) for any other fraudulent or unlawful purpose.

Users may not:
• attempt to bypass usage limits or security controls
• use the Services to develop competing products
• intentionally upload malicious content
• use the Services in violation of applicable law or court orders

Interfere with or disrupt the operation of the Services.

(c) Use the Services to advertise or offer to sell or buy any goods or services.

(d) License, sublicense, transfer, assign, reproduce, copy, sell, resell, distribute, or exploit for any commercial purposes any Services.

(e) Modify, adapt, make derivative works of, translate, reverse engineer, decompile or disassemble any Services.

(f) Remove any copyright, trademark or other proprietary rights notice from the Services or any materials available on or through the Services.

(g) Frame or mirror any part of the Services without our express prior written consent to do so.

(h) Systematically download or store content from the Services.

(i) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather any Services, or reproduce or circumvent the navigational structure or presentation of the Services.
Notwithstanding the foregoing, the ESI Flow grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

We may terminate your use of any Services for any conduct that we consider to be inappropriate or a breach of this Agreement, including the Rules of Conduct set forth above.

4. Registration
You may need to register to use all or part of the Services. You represent and warrant that all information submitted to the ESI Flow in connection with such registration is complete and accurate. Participation in the Early Access program is subject to acceptance by ESI Flow. We may accept, decline, suspend, or discontinue Early Access participation at our sole discretion.

5. Intellectual Property Rights

Our Services may include public-facing functionality (including message boards, resource libraries, community forums, and testimonial features) through which you are able to post, send, or make available information and materials (each, a “Submission”). “Customer Documents” means any documents, files, data, or other content you upload to or submit through the Services for storage, processing, review, or analysis. Customer Documents are not Submissions.

(a) Ownership. You retain any ownership rights that you may have in your Submissions and your Customer Documents, subject to the terms and conditions of this Agreement. You are responsible and liable for the content of your Submissions. Customer Documents remain the property of the customer. Except as described in our Privacy Policy and as necessary to provide the Services, ESI Flow does not claim ownership of customer content.

(b) License to Submissions. For each Submission you choose to make available through a public-facing feature of the Services, you grant us a worldwide, royalty-free, non-exclusive license, without additional consideration, to reproduce, distribute, publicly perform and display, adapt, and otherwise use that Submission in connection with operating, providing, and promoting the Services. We may sublicense these rights to our service providers solely for those purposes. This license ends within a reasonable time after you remove the Submission or request its removal, except that we may retain reasonable archival or backup copies and are not required to recall copies already distributed.

This license applies only to Submissions. It does not apply to Customer Documents or to any documents uploaded for analysis, which we use only as necessary to provide the Services and as described in our Privacy Policy.

We expressly reserve the right (but have no obligation) to monitor, review, store, evaluate, alter, or remove any Submission at any time. Except for your Submissions and Customer Documents, we own the Site and the Apps, and any information and materials made available on or through the Services. Such information and materials are protected by copyright, trademark, patent, and/or other proprietary rights and laws.

(c) Subject to the terms of this Agreement, we grant you a limited, personal, non-exclusive, and non-assignable license to access and use our Services for your internal business purposes.

(d) Trade names, trademarks, and service marks on or included within the Services, including “ESI Flow,” are owned by us. Such trade names, trademarks, and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.

6. Accuracy; Limitation of Liability; Indemnity
(a) Accuracy. We attempt to ensure that information provided in connection with the Services is complete, accurate, and current. Despite our efforts, such information may occasionally be inaccurate, incomplete, or out of date. Accordingly, we make no representation as to the completeness, accuracy, or currency of such information, including all descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services. THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.

ESI Flow does not guarantee that recommendations, AI outputs, workflow guidance, or analyses are complete, accurate, or suitable for any particular legal matter.

(b) LIMITATION OF LIABILITY. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF ANY OF THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF THE ESI FLOW FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE ESI FLOW TO ACCESS AND USE THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT RESULTING IN SUCH DAMAGE, LOSS OR CAUSE OF ACTION AND (II) TWENTY DOLLARS ($20).

(d) Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Services; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.

7. Termination
This Agreement is effective until terminated. We may terminate your access to or use of the Services, at any time and for any reason, including if we believe that you have violated or acted inconsistently with this Agreement. Upon any such termination, your right to access or use the Services will immediately cease. Sections 5 (Intellectual Property Rioghts), 6 (Accuracy; Limitation of Liability, Indemnity), 7 (Termination), 8 (Governing Law and Arbitration), 9 (Copyright Infringement Claims), and 10 (Miscellaneneous) shall survive any expiration or termination of this Agreement.
We may suspend or terminate access to Early Access features, beta functionality, or pilot programs at any time.

8. Governing Law and Arbitration
This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. BOTH YOU AND WE WAIVE OUR RIGHT TO TRIAL BY A JURY. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF ANY OF THE SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in San Francisco County, State of California, U.S.A. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

9. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Services infringe your copyright, you may contact the ESI Flow at info@esiflow.com to request that the ESI Flow remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the ESI Flow a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.

10. Miscellaneous
(a) This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us.

(b) If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

(c) You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.

(d) No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

(e) Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

(f) The use of “including” and “e.g.” herein is not exhaustive.

(g) This, together with all policies and notices referred to herein, is the entire Agreement between you and the ESI Flow relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.

(h) Notices to you may be made via posting to the Site or through the App(s), by e-mail, or by regular mail, in theESI FLow’s discretion.

LAST UPDATED: July 2026