Olive Legal – Terms of Service

Version 1.3 — Effective Date: 11/5/2025

By clicking "I agree" (or similar) and creating an account, you acknowledge that you have read, understood, and accepted these Terms of Service (the "Terms"). If you do not accept the Terms, do not use the Service.

1. Overview of Service

Olive Legal Inc. ("Olive Legal," "we," "our," or "us") provides an AI‑powered platform that allows legal professionals to:

• Upload case‑related medical records containing protected health information ("PHI");
• Automatically generate medical chronologies from those documents;
• Interact with an AI chatbot to edit, reference, and query the chronologies;
• Perform retrieval‑augmented generation (RAG) over underlying medical records; and
• Download both generated chronologies and the original uploaded documents.

The website located at https://www.olive.legal (and any successor or sub‑domain) together with associated software and APIs are collectively referred to as the "Service."

2. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts. By using the Service, you represent and warrant that you meet these requirements.

3. Acceptance & Clickwrap

You accept these Terms when you create an account, click an "I agree" (or similar) button, or otherwise access or use the Service. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization, and "you" and "your" will refer to that organization.

4. HIPAA Compliance & Business Associate Agreement ("BAA")

Olive Legal is designed to operate as a Business Associate under the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA). Our Business Associate Agreement located at https://olive.legal/baa ("BAA") is incorporated by reference and applies to all Customers that qualify as Covered Entities or Business Associates under HIPAA. In the event of a conflict between these Terms and the BAA, the BAA controls with respect to PHI.

4.1 PHI Handling

• All uploaded PHI is encrypted in transit and at rest.
• Olive Legal does not use PHI to train its AI models.
• Olive Legal does not sell or disclose PHI to third parties.
• Access to PHI is restricted to the uploading Customer and any users to whom that Customer grants permission.

4.2 Breach Notification

In the event of a breach of unsecured PHI, Olive Legal will notify affected Customers without unreasonable delay and, in any case, no later than sixty (60) days after discovery, consistent with 45 C.F.R. §164.410.

4.3 Data Retention & Deletion

Upon termination of the Service or at your written request, Olive Legal will retain PHI for thirty (30) days to allow you to retrieve it, after which Olive Legal will securely delete or de‑identify the PHI, except to the extent we are required to retain certain records (e.g., backups, audit logs) under applicable law or legitimate business purposes.

4.4 De‑Identification Option

At your written request, Olive Legal can return or de‑identify PHI in accordance with 45 C.F.R. §164.514(b).

5. Privacy & Data Protection

Your use of the Service is also governed by our Privacy Policy available at /privacy, which explains what personal data we collect and how we use it.

6. User Responsibilities

You agree that you will:

1. Authorization & Legal Rights. Upload or transmit only content—including PHI—for which you have full legal rights and proper authorization, and ensure you have obtained any consents required by HIPAA or other applicable law.
2. Regulatory Compliance. Maintain your own compliance with HIPAA, GDPR, CCPA, and any other data‑protection or professional‑ethics obligations that apply to your use of the Service and the PHI you upload, access, or disclose.
3. Safeguards & Account Security. Implement and maintain appropriate administrative, technical, and physical safeguards (including secure workstation practices and credential hygiene) to protect your account and any PHI you handle through the Service, and immediately notify Olive Legal of any unauthorized use or security incident.
4. Not use the Service for any unlawful, abusive, or unauthorized purpose.
5. Not interfere with or disrupt the Service or compromise its security.
6. Not reverse‑engineer, de‑compile, or misuse the Service or its underlying technology.

Responsibility for Account Activity. You are solely responsible for all activities that occur under your account, including any actions taken by individuals to whom you grant access. Olive Legal is not liable for any PHI disclosures or HIPAA violations arising from your failure to comply with the foregoing obligations.

7. Payment & Pricing

Olive Legal may charge (a) by selling non-expiring page packages (sometimes referred to as “page credits”), or (b) by monthly or annual subscription plans, or (c) under a custom or enterprise order form.

7.1 Page Packages (Page Credits)

You may purchase page packages that allow you to process a specified number of pages through the Service. Page packages do not expire as long as your account remains in good standing and the Service is available, and are redeemable only for use of the Service. Page packages have no cash value, are non-transferable (except as we may agree in writing), and are non-refundable except where required by law or as described in our Fulfillment Policy. We may apply automatic discounts for blank, duplicate, or short pages, as described in the Service or the Fulfillment Policy.

7.2 Subscriptions and Overage

Certain Customers may be billed under monthly or annual subscription plans that include a set number of pages per billing period, with per-page charges for usage that exceeds the included amount. Subscriptions, including pricing and included usage, are described at the time of purchase or in a separate written order form.

7.3 Auto-Refill Authorization (If Enabled)

If you enable the Service’s “auto-refill” feature for page packages, you authorize Olive Legal to automatically charge your payment method on file when (a) your remaining page credits fall below a threshold indicated in the Service (for example, when remaining credits fall below ten percent (10%) of your most recent page package), or (b) you attempt to process a chronology that requires more pages than you have available. In each such case, the same page package that you selected for auto-refill will be purchased, and any applicable bonus pages, discounts, or promotions will be applied as described in the Service at the time auto-refill is enabled. You may disable auto-refill at any time within your account settings; any charges processed prior to the effective time of your change will remain valid. Additional auto-refill terms referenced in the Service at the time you enable auto-refill are incorporated into these Terms by reference.

7.4 Billing; Taxes

Unless otherwise stated in an order form, charges are billed in U.S. dollars to the payment method you provide (such as credit card or ACH) or via invoice on the payment terms shown in the Service or in an applicable order form. You are responsible for keeping your payment information accurate and up to date, and for all applicable taxes, duties, and similar governmental assessments (excluding taxes based on Olive Legal’s income).

7.5 No Refunds

All sales are final; we do not provide refunds except where required by law. See our Fulfillment Policy (incorporated by reference) for details on refunds, cancellations, and billing disputes.

8. Security Practices

We maintain administrative, physical, and technical safeguards, including but not limited to encryption, access controls, and regular security assessments. While we strive to protect your data, no method of transmission or storage is 100% secure.

9. Medical & Legal Advice Disclaimer; AI-Generated Output

The Service is intended to assist with document review and is not a substitute for professional medical or legal advice, diagnosis, or treatment guidance. You remain solely responsible for any decisions or actions taken based on the Service's output.

The Service uses artificial intelligence models to generate chronologies, summaries, classifications, and other content (“AI Output”) from documents you upload. AI Output may be inaccurate, incomplete, or include errors (including misread OCR text, wrong dates, missed records, or hallucinated content). You are solely responsible for reviewing and verifying all AI Output against the underlying source records and for any reliance thereon.

10. Intellectual Property & Feedback License

Except for your content, all rights, title, and interest in the Service (including software, models, and trademarks) are owned by Olive Legal or its licensors. You grant Olive Legal a worldwide, royalty‑free, perpetual license to use suggestions, comments, or other feedback you provide to improve the Service.

11. DMCA & Copyright Complaints

If you believe content on the Service infringes your copyright, please submit a notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512) to [email protected] with the information required by the DMCA.

12. Export Compliance & Sanctions

You agree to comply with all applicable U.S. and international export laws and sanctions regulations. You may not use, export, or re‑export the Service in violation of any such laws.

13. Accessibility

Olive Legal strives to meet WCAG 2.1 AA accessibility standards. If you encounter accessibility barriers, contact [email protected].

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." OLIVE LEGAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR‑FREE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OLIVE LEGAL AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) USD $100 OR (B) THE AMOUNT YOU PAID US FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

16. Indemnification

You will indemnify, defend, and hold harmless Olive Legal and its affiliates, officers, directors, employees, and agents from and against any third‑party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. Your breach of these Terms or the BAA;
2. Your content (including PHI) and any processing, disclosure, or misuse thereof;
3. Your violation of HIPAA or any other applicable law or regulation; or
4. Your misuse of the Service or failure to implement reasonable safeguards to protect PHI.

17. Arbitration & Class‑Action Waiver

Any dispute arising under these Terms will be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. You and Olive Legal waive any right to participate in class actions or class‑wide arbitration.

18. Modifications to the Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email or through the Service. Changes become effective on the "Effective Date." Your continued use of the Service after that date constitutes acceptance.

19. Termination

We may suspend or terminate your access to the Service if you violate these Terms or use the Service in a way that could harm us or others. You may cancel your subscription at any time by emailing [email protected]. Unless otherwise stated in an applicable order form or the Fulfillment Policy, cancellation or termination will not result in a refund of any fees already paid, and any unused page packages or page credits will remain available to you while your account is open and in good standing, subject to these Terms. Upon termination, Sections 4, 5, 9–11, 14–18, and 20 will survive.

20. Survival

The following sections survive termination or expiration of these Terms: 4 (HIPAA & BAA), 5 (Privacy), 9 (Medical & Legal Advice Disclaimer; AI-Generated Output), 10 (Intellectual Property & Feedback), 11 (DMCA), 12 (Export Compliance), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (Arbitration), 18 (Modifications), 20 (Survival), and 21 (Contact Information).

21. Governing Law

These Terms are governed by the laws of the State of Massachusetts, without regard to conflict‑of‑laws principles.

22. Contact Information