Filevine Product Specifications

The following product terms shall apply if and only if the products and/or services below are listed in the applicable Sales Order or any amendment thereto.

1. Fax.

   Subscriber is solely responsible for ensuring that the fax features are used in accordance with all federal, state and local laws. Subscriber understands and acknowledges that it is prohibited from using the Fax service to transmit any material that (a) infringes the intellectual property rights or rights of any third parties; (b) facilitates or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech acts to any person or entity; or (c) is offensive, inappropriate, obscene, illegal or otherwise objectionable to a person or entity. In the event Subscriber exceeds its contracted page limit per year, overage fees may apply. Overage fees shall be charged at the Subscriber’s contracted rate.

2. Periscope.

   Filevine has created the following templated periscope data sets (hereinafter, the “Templated Periscope Data Sets”): case management data set, intake data set, settlement data set, projected settlement data set, cycle time reports data set, user action reports data set, task reports data set, demand data set, client demographics; and any future data set created and deemed templated by Filevine.
   1. The Templated Periscope Data Sets include pre-selected Filevine data fields for standard reporting information from one project template. Requests by Subscriber for the addition of Filevine data fields, other than pre-selected data fields, may be considered custom and may result in additional scoping by Filevine. Filevine, in its sole and absolute discretion, shall determine when additional scoping is required, and which data fields are considered custom. Any additional scoping work completed, or custom data fields created by Filevine may result in additional fees to Subscriber.
   2. The Templated Periscope Data Sets are licensed to Subscriber on an individual subscription basis only; however, Subscriber shall have the option to purchase additional individual subscriptions.
   3. The selection of any Templated Periscope Data Set(s) by Subscriber becomes permanent upon execution of the Agreement by Subscriber for the duration of the Initial Term, and any applicable Renewal Term.
   4. Subscriber will not be permitted to substitute, trade, replace, swap, alternate, change, or switch any permanent/implemented Periscope Data Set(s) during Subscriber’s Initial Term or any applicable Renewal Term.

3. Periscope Enterprise and Small Business Packages.

   Periscope Enterprise and Small Business Packages (“Periscope Packages”) include access to Subscriber’s custom dashboards with unlimited visualizations and pages. Unless otherwise specified in the Agreement, Periscope Packages include fifteen (15) raw data sets and ten (10) user licenses. Filevine will also provide templated dashboards. Subscriber is responsible for populating the templated dashboards with Subscriber data. Periscope Packages are intended to be used for retrieving and visualizing data from the Filevine Services. Any other use is strictly prohibited.

4. Lead Docket.

   Should Subscriber desire to use texting/tracking phone numbers in connection with its Lead Docket Licenses, Subscriber agrees to pay a $20.00 per month access fee (the “Access Fee”) for each phone number. The Access Fee includes up to 1000 text messages and up to 300 minutes of voice. Additional text will be invoiced at a rate of $0.02 per text and additional voice minutes at a rate of $0.05 per minute in accordance with the Sales Order.

5. Lead Docket Automation.

   Lead Docket automations must be purchased for all existing Lead Docket users. Lead Docket automations include (a) up to one thousand (1,000) automation actions per user/per month and (b) a walkthrough with an automations specialist of one (1) workflow consisting of no more than ten (10) actions. Such walkthrough will be completed within two (2) meetings of up to thirty (30) minutes per meeting. In the event Subscriber exceeds one thousand (1,000) automation actions per/user per month, additional automations will be invoiced at one hundred dollars ($100) per one thousand (1,000) actions (a total of $0.10 per action) in accordance with the Sales Order.

6. Filevine Automation.

   Filevine Automation includes API Permissions setup through Workato®. Filevine Automations may be purchased by Task. For the purposes of this section, a Task is defined as a unit of work that occurs every time a Workato® recipe performs an action requiring compute resources (“Task”). Each action, provided by a connector, will constitute one Task. In the event Subscriber exceeds the limit of its contracted Task tier in a given year, overage fees may apply. Filevine may audit Subscriber’s use of Filevine Automation at any time. If Subscriber exceeds its limit, Filevine may, in its sole discretion and in addition to the other remedies prescribed in this section, upgrade Subscriber to a higher Task tier. Overage fees shall be billed in accordance with the Sales Order. Subscriber understands and acknowledges that all API keys may be reviewed and audited by Filevine to ensure compliance with Filevine’s use restrictions and security requirements, as specified in this Agreement.

7. Timely.

   Subscriber understands and acknowledges that it is solely responsible for the proper data entry into the Timely product. Timely will generate a list of deadline chains which can be added as “Reminders” in the Filevine system or as calendar reminders. Subscriber expressly understands and acknowledges that it is solely responsible for configuring its own “Reminder” notifications within the Filevine system, or Subscriber’s reminder notifications within Subscriber’s electronic calendar. Subscriber understands and acknowledges that the use of the Timely product is prohibited unless the user is: (a) a licensed attorney; or (b) under the direct supervision of a licensed attorney. Subscriber understands and acknowledges that: (1) the court rules and other laws underlying the Timely product may change from time to time; and (2) Subscriber’s use of the Timely product is not intended, nor should it be considered a substitute for, compliance with professional duties or the use of professional judgment in reading and interpreting the court rules. Such duties include an obligation on Subscriber’s part to obtain a copy of the current court rules for the applicable courts, and compare and evaluate the information retrieved by the use of the Timely product, in light of information about, and interpretation of, those court rules, and, obtain a copy of the holiday/court closure list for the applicable courts and apply the court rules in light of such holiday list and further test the accuracy of the information. Subscriber understands and acknowledges that any use of Timely, other than the use for planning deadlines in the course of providing legal services, is strictly prohibited. SUBSCRIBER EXPRESSLY UNDERSTANDS AND ACKNOWLEDGES THAT FILEVINE PROVIDES THE TIMELY PRODUCT FOR THE CONVENIENCE OF THE SUBSCRIBER, AND IN NO EVENT SHALL FILEVINE BE LIABLE FOR ANY LOSSES OR EXPENSES INCURRED AS A RESULT OF SUBSCRIBER’S FAILURE TO COMPLY WITH PROFESSIONAL DUTIES OR FAILURE TO PROPERLY READ, REVIEW AND INTERPRET THE COURT RULES. SUBSCRIBER ACKNOWLEDGES THAT INTERVENING CIRCUMSTANCES MAY ARISE AFTER THE DATE THAT FILEVINE PROVIDES SUBSCRIBER ACCESS TO THE SERVICES THAT MAY CAUSE THE SERVICE TO CEASE BEING ACCURATE AND IN NO EVENT SHALL FILEVINE BE LIABLE FOR ANY LOSSES OR EXPENSES INCURRED AS A RESULT OF SUCH INTERVENING CIRCUMSTANCES.

8. Payments by Filevine.

   Filevine offers an optional product which allows Subscriber to process payments and other payment-related services (“Payments by Filevine”). In addition to Filevine Services related to Payments by Filevine, the payment processing component of Payments by Filevine is provided by the third-party payment processing provider Stripe, Inc. or its affiliates (“Payment Processor”). This payment processing is a Third-Party Service and is subject to the Stripe Connected Account Agreement including agreements and other documents referred to in such agreement (collectively, the “Payment Processing Agreement”), as modified by the Payment Processor in accordance with the Payment Processing Agreement. By enrolling in and continuing to use Payments by Filevine, Subscriber agrees to be bound by these terms and the applicable terms of the Payment Processing Agreement. Payments by Filevine is subject to the certain fees and surcharges as set forth in the applicable Sales Order or any amendment thereto.

   As a condition of Filevine enabling Payments by Filevine, and Subscriber enrolling in Payments by Filevine, Subscriber agrees to provide Filevine with accurate and complete information related to Subscriber’s use of Payments by Filevine and authorizes Filevine to share such information and transaction information with the Payment Processor pursuant to our Privacy Policy. Transaction information from payors will be collected for processing of transactions by the Payment Processor in accordance with the Payment Processor’s terms applicable to the payments. Filevine reserves the right to revoke access to Payments by Filevine if Subscriber abuses or shows a pattern of fraud, disputes, and/or irresponsible behavior. To the extent permitted by law, Filevine may collect any payment obligations Subscriber owes under this Agreement by deducting the corresponding amounts from funds payable to Subscriber arising from the settlement of card transactions through Payments by Filevine. Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. If the settlement amounts are not sufficient to meet Subscriber’s obligations, Filevine may charge or debit the bank account or credit card registered in Subscriber’s account for any amounts owed (and Subscriber agrees to execute such additional directions in writing to permit Filevine to do so, if required). In the event a payment chargeback or similar dispute occurs, Subscriber may be charged a chargeback/dispute fee per occurrence by Filevine. This Section does not permit Filevine to debit a Subscriber trust account for any reason. In addition to the amount due, delinquent accounts may be charged fees that are incidental to the collection of delinquent accounts and chargebacks including, but not limited to, collection fees, convenience fees, legal fees and expenses, costs of any arbitration or court proceeding, collection agency fees, any applicable interest and third-party charges. Subscriber hereby explicitly agrees that all communication in relation to delinquent accounts will be made by electronic mail or by phone, at addresses and numbers provided to Filevine. Such communication may be made by Filevine or by anyone on its behalf, including, but not limited to, a third-party collection agent. Subscriber will comply with the terms and conditions of any applicable merchant agreements and all applicable card network rules, policies, laws and regulations, at all times while using Payments by Filevine.

   To avoid charging higher rates across all transactions, any additional card network fees that are triggered are simply passed through directly, with no mark-up. This method allows Filevine to offer a more competitive program, reduce Subscriber's overall cost, and improve Subscriber's bottom line. Below are examples of some potential additional fees card brand networks (Visa, Mastercard and American Express) charge. Processing Fee and Card Not Present Fee. The fees listed below do not include all fees that the card brand networks charge or may charge in the future, and these fees do not apply to every transaction. This is simply a list of possible fees that some card brand networks charge. Filevine may, from time to time, elect not to charge you for certain existing, new or increased card network fees. If Filevine elects not to charge Subscriber, Filevine still reserves the right to begin charging Subscriber for those card brand network fees on a prospective, but not retrospective, basis.

   • Per transaction Visa may charge the following fees: Acquirer Processing Fee, Visa Base II Transmission Fee, Integrity Fee, International Acquiring Fee (IAF), and International Sale Assessment Fee. Per month Visa may charge a Fixed Acquirer Network Fee (FANF). Visa charges a monthly fee for each merchant, which varies based on the merchant category, number of locations, and monthly sales volume.
   • Per transaction Mastercard may charge the following fees: NABU (Network Access and Brand Usage), Acquirer Program Support Fee, and Cross Border Fee. Per month Mastercard may charge a Location Fee.
   • Per transaction American Express may charge the following fees: Amex Network

9. FilevineAI.

   The following product terms contain the terms and conditions governing Subscriber’s use of any Filevine Artificial Intelligence tools (collectively, “FilevineAI”):
   1. DemandsAI® Subscription. DemandsAI® Subscription is an AI-leveraged tool for the generation of demand letters and related correspondence (each a “Demand”). Subscriber acknowledges and understands that by purchasing a DemandsAI® Subscription, Filevine will enable the AI technology for a certified third-party partner (a “Partner”) to employ on Subscriber’s behalf. Subscriber acknowledges and understands that the DemandsAI® Subscription platform requires the addition of the following FilevineAI tools and/or other products and services: AIFields, AIBlocks, Filevine Document Assembly, and Docs+. DemandsAI® Subscription will include 10 AIBlocks at no extra charge for each Demand submitted. Subscriber understands that any unused Demands will expire at the end of each year of the Term. Subscriber will not receive a refund or credit for unused Demands. In the event Subscriber exceeds its number of purchased Demands in any given year, overage fees may apply. Overage fees shall be charged at Subscriber’s then-current rate per Demand and will be invoiced in accordance with Subscriber’s Sales Order.
   2. AIBlocks User Licenses. AIBlocks User Licenses will be charged on a per user per month basis at the rate shown in Subscriber’s Sales Order or an amendment thereto and will include unlimited use of AIBlocks.
   3. LeadsAI. Subscriber will be charged for each instance in which an AI summary is generated for a lead (each a “Summarization”). LeadsAI will be invoiced as a minimum commitment of Summarizations at the rate shown in Subscriber’s Sales Order or any amendment thereto. In the event Subscriber exceeds its minimum commitment per year, overage fees may apply. Overage fees shall be charged at Subscriber’s then-current rate. In lieu of charging for overages, if Subscriber exceeds its minimum commitment per year, Filevine may require Subscriber to increase its limit to match usage.
   4. ProjectAI.
      1. ProjectAI includes the following Products: AIFields, AI Doc Review, and SidebarAI 2.0. Subscriber may elect to subscribe to ProjectAI under either a standard payment or contingent payment model, depending on Subscriber’s practice type and as set forth in the Sales Order, or any amendment thereto.
      2. ProjectAI + FVDA. ProjectAI + FVDA will include all features of ProjectAI with the addition of Filevine Document Assembly and AIBlocks. Subscriber may elect to subscribe to ProjectAI + FVDA under either a standard payment or contingent payment model (as detailed below), depending on Subscriber’s practice type and as set forth in the Sales Order, or any amendment thereto.
      3. ProjectAI Payment Models.
         1. Standard Payment. If Subscriber has elected to pay for ProjectAI on a standard payment basis, Subscriber will be charged in advance on a per-project basis at the rate shown in Subscriber’s Sales Order or any amendment thereto.
         2. Contingent Payment.

            1. Filevine shall invoice Subscriber, and Subscriber agrees to pay, all amounts due and owing under this Agreement for ProjectAI (the “Case-Specific Fees”) upon thirty (30) days of conclusion (either via settlement, judgment or otherwise) of a case (or similar legal proceeding or dispute (a "Case") or Filevine Project to which such amounts relate, and disbursement of costs and fees of such Case. By enabling ProjectAI, Subscriber agrees to pay the Case-Specific Fees on any active Project within Subscriber’s Filevine organization that exists as of the effective date of the applicable Sales Order or any amendment thereto, regardless of whether ProjectAI features are actually used on each specific Project. In the event Subscriber’s Filevine subscription is terminated or the ProjectAI product is removed from Subscriber’s subscription, Subscriber’s payment obligation with respect to all unpaid Case-Specific Fees, shall accelerate and become immediately due and payable. This acceleration shall apply to all Projects wherein ProjectAI has processed or otherwise been utilized, regardless of the status of the underlying or associated case.

            2. Subscriber hereby agrees that it will list the Case-Specific Fees in the disbursement sheet (or similar document) for such Case, and hereby acknowledges and agrees that Filevine shall have a provider lien on such Case-Specific Fees until paid in full.
      4. Audit.
         1. Filevine reserves the right to monitor the use of ProjectAI by Subscriber to check for unusual activity or suspected abuse. If, in Filevine’s sole and reasonable discretion, ProjectAI appears to be misused, abused, or subjected to excessive or unusual usage, Filevine has the right, with reasonable notice, to either terminate Subscriber’s access to ProjectAI, without liability, or charge the Subscriber for increased usage at an amount reasonably related to the usage.
   5. ImmigrationAI®. ImmigrationAI® is an AI-leveraged tool for the generation of U.S. Citizenship and Immigration Services (USCIS) forms. Subscriber acknowledges and understands that by purchasing ImmigrationAI®, Filevine will enable the AI technology for a Partner to employ on Subscriber’s behalf. Filevine reserves the right to monitor the use of ImmigrationAI® by Subscriber to check for unusual activity or suspected abuse. If in Filevine’s sole and reasonable discretion, ImmigrationAI® appears to be misused, abused, or subjected to excessive or unusual usage, Filevine has the right, with reasonable notice, to either terminate Subscriber’s access to ImmigrationAI®, without liability, or charge the Subscriber for increased usage at an amount reasonably related to the usage.

In order to provide FilevineAI, Filevine may rely on AI technology provided by third-party AI providers. By using FilevineAI, Subscriber acknowledges that AI-generated information is made available solely for general information purposes. Subscriber should independently fact check AI-generated information. Filevine does not warrant the accuracy, currency, completeness, or usefulness of AI-generated information. Any reliance Subscriber places on such information is strictly at its own risk. Filevine disclaims all liability and responsibility arising from any reliance placed on such materials.

Filevine may modify the Filevine Product Specifications from time to time in which case Filevine will update the “Last updated” date at the bottom of these Filevine Product Specifications.  It is solely Subscriber’s responsibility to review these Filevine Product Specifications from time to time to view any such changes.  The updated Filevine Product Specifications will be effective as of the time of posting, or such later date as may be specified in the updated Agreement. Subscriber’s continued access or use of the Filevine Services after the modifications have become effective will be deemed Subscriber’s acceptance of the modified Filevine Product Specifications.