Updated 4/14/2025
This Software Licensing Agreement (the “Agreement”) is entered into on the date of Execution (the “Effective Date”), between the individual or entity using this application (the “User”) and Case Connect Group, LLC., a New York corporation doing business as Kayse, Kayse AI, Kayse.ai, Kayse App, Kayseapp.com, with its principal location at 1400 Old Country Rd, Suite 305, Westbury, NY 11590 (hereinafter referred to as “KAYSE” which is a registered trademark of Case Connect Group LLC). For purposes of this Agreement, User and Licensor each will be referred to individually as a “Party” and together as the “Parties.” For purposes of these Terms of Use, the term “Service” also includes the Site, except where the context specifically indicates otherwise. These Terms of Use apply to your use of the Service. This Service is intended for use only by users that are at least 18 years of age.
“Site” refers to https://www.kayseapp.com and http://www.kayse.ai, the web application located at kayse.ai and kayseapp.com, the mobile application, and all associated white label accounts. The Site contains text, pictures, graphics, videos, logos, images, works of authorship, computer code, design elements, trade dress, technical information, and other content, as well as available features or services discussed, referenced, provided, or offered through or on the Site (collectively with all information and material about KAYSE and its Services, the “Content”). For the purposes of these Terms of Use, the term “Site” also includes the Content, except where the context specifically indicates otherwise.
By signing-in to the client portal app, you understand that the app will send push notifications and you explicitly agree to allow push notifications as an additional communication channel in addition to SMS, email, and other communication channels. If you do not sign-in to the app, you must agree to receive communications and services through the app via SMS, email, and other communication channels.
PLEASE NOTE: Your access to and use of the Service are governed by these Terms of Use, as well as all applicable laws and regulations. Only individuals and entities who have reached the age of legal majority and can form legally binding agreements under applicable law are permitted to use the Service and/or establish a Service account, where applicable. Please read these Terms of Use carefully. If you do not accept and agree to these Terms of Use, you are not authorized to access or use the Service. By accessing and using the Service, you acknowledge and agree to be bound by these Terms of Use.
We may update, modify, supplement, or change these Terms of Use from time to time by providing advance notice, which may include posting the revised Terms here. If you continue to use the Service after such changes are posted, you will be bound by the updated Terms of Use. Unless otherwise indicated, any new Content added to the Service will also be subject to these Terms of Use, effective on the date of such addition. You are encouraged to review the Site and these Terms of Use periodically for any updates or changes. If you do not agree to the changes, you must stop using our Services.
WHEREAS, User is a client of a law firm or of a company authorized to provide legal or claims management services as defined by the applicable authorities where the firm is located (collectively, the “Law Firm”).
WHEREAS, KAYSE has developed the web/cloud-based KAYSE TM legal client continuity AI platform to be used by law firms, claims management firms, and related entities to enhance case management, client communication, and firm efficiency. Experience cutting-edge technology with best-in-class fraud detection, client retention, and enrichment tools.
WHEREAS, User wishes to utilize KAYSE TM to assist in User’s continuity with Law Firm.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
1. USE OF KAYSE.
1.1 GRANT. Licensor hereby grants the User a limited, non-exclusive and non-transferable license, without right of sublicense, during the Term to access and display on User’s Display Devices within the United States, Canada, and other approved countries (to be named), KAYSE TM, hereinafter “Service”, and to permit Authorized Users to use the Service, subject to the terms and conditions of this Agreement. All rights in the Service not expressly granted hereunder are reserved to Licensor.
1.2 SERVICE DATA. We collect various types of information about individuals who interact with your business through the Service (collectively, “Service Data”). You agree that we, along with the service providers we use to assist in providing the Service, have the right to access your account and use, modify, reproduce, distribute, display, and disclose Service Data as necessary to develop, enhance, and provide the Service, including AI-generated features and improvements, and to respond to your support requests. Any use of Service Data for AI or machine learning purposes will be done using anonymized data, ensuring that all personally identifiable information is removed or obfuscated. We are committed to holding this data securely and in compliance with applicable data protection laws.
1.3 SCOPE. The license granted to User under this Agreement is limited to a single, authorized Application for the display and retrieval of the Service on User’s device(s) used for managing active cases and clients. The license does not extend to multiple applications or devices beyond what is necessary for accessing content within the Service as provided under the subscription. Nothing in this Agreement obligates KAYSE to continue providing access to any Service beyond the date when KAYSE ceases offering such Service to subscribers generally. Any use of Service Data, including AI-generated features, will be conducted in accordance with Section 1.2, with data anonymized and held securely. We are committed to taking measures to prepare all data processing, including AI-related data usage, to comply with applicable data protection laws, including but not limited to planned HIPPA, GDPR and CCPA compliance. User’s right to use the Service is coterminous and coextensive with Law Firm’s right to use the Service; for purposes of example and not limitation, if Law Firm’s license is terminated, User’s license shall be concurrently cancelled.
1.5 DEFINITIONS. As used herein, the “Agreement” shall mean these terms and conditions and any written amendments agreed to by both parties; “Application” shall mean the Licensor-developed application used by User for the Service under this Agreement; “Active Cases” and “Clients” shall refer to the number of legal cases and clients managed through the Service, which determine the applicable subscription fees; “Billing Start Date” shall mean the date on which billing begins for the selected Service, which under no circumstances shall be later than the Service Start Date; “Display Devices” shall mean any device used to access and display the Service; the “Service” shall mean Licensor’s information applications subscribed to by User under this Agreement; “Service Start Date” shall mean the date from which User receives access to the applicable Service; “Fees” shall mean the fees payable under this Agreement for the Services rendered, based on the number of active cases and clients; “Office” shall mean the address(es) of User’s office(s) in which a Display Device is located, including clients at multiple locations who specifically utilize/subscribe to the Service; and “Vendor” shall mean the single distributor that delivers the Service to User, subject to Licensor’s continuing authorization of such Vendor’s Application.
2. RESTRICTIONS. You may not use the Services for any illegal, harmful, or abusive activity. For example, you may not:
3. SERVICE DESCRIPTION, DELIVERY AND ACCEPTANCE. If the Service is delivered to User via a Display Device, KAYSE will make the Service available to the User upon successful sign-up and completion of the subscription process by a Subscriber. The Service will be deemed accepted upon the Service Start Date. Any updates, bug fixes, or upgrades (“Corrections”) to the Service will be deemed accepted by the User on the day such Corrections are delivered.
KAYSE will provide the Services based on the plan you select when you subscribe to the Service. You can choose a plan that includes one or more of KAYSE’s offerings. The terms associated with these plans will be clearly indicated at the time of subscription or as updated on the KAYSE website.
4.1 License
KAYSE grants you a limited, non-exclusive, and revocable license to access and use the Service, subject to the terms set forth in these Terms of Use. KAYSE (or the respective third-party owners) retains all rights, title, and interest in the Service, including all features, services, and intellectual property rights (such as copyrights, trademarks, and service marks). All rights not expressly granted are reserved. Any unauthorized use terminates the license granted by KAYSE.
4.2 Copyright
Except as otherwise stated, the Service and all Content (including but not limited to text, images, videos, software, etc.) on the Site are the copyrighted works of KAYSE or its third-party content suppliers and are protected by U.S. and international copyright laws. You may download and print a hard copy for personal use, provided that any copyright or proprietary notices remain intact. However, you may not otherwise copy, alter, distribute, reproduce, or transmit the Content without KAYSE’s prior written authorization or the consent of applicable third parties. Unauthorized use may violate copyright laws and other applicable regulations.
If you believe that any content on the Site infringes upon your intellectual property rights, please contact us immediately with all relevant information at Case Connect Group LLC, 1400 Old Country Rd Suite 305 Westbury, NY 11590, or via email at support@kayse.ai. Written claims concerning copyright infringement must include the following information:
5. TERM; TERMINATION.
(a) TERM. The term of this Agreement will commence on the Effective Date and will remain in effect for twelve months, whereupon this Agreement shall automatically extend for successive 12- month terms unless this Agreement is terminated earlier by either party in accordance with Section 4(b).
(b) TERMINATION/SUSPENSION.
(c) EFFECT OF TERMINATION.
Upon termination of this Agreement:
KAYSE will not, under any circumstances, be required to issue refunds for early contract cancellation or termination.
Upon termination, User’s data will be retained for fifteen (15) days to allow for retrieval upon written request. After this period, all data will be permanently deleted unless otherwise required by law.
6. RESTRICTIONS AND REQUIREMENTS
6.1 Usage Restrictions
In connection with your use of the Service, you agree not to:
Violations of these restrictions may result in the immediate suspension or termination of your access to the Service, without notice, and may subject you to further legal action.
6.2 Acceptable Use Policy
By using the Service, you agree that the Services are for professional use only and that your use shall not include any of the following:
6.3 Right to Monitor
KAYSE reserves the right to monitor your use of the Service, though we do not actively do so under normal circumstances. However, we may monitor usage at any time if we believe such monitoring is necessary due to potential violations of these Terms of Use or applicable laws. However, notwithstanding anything herein to the contrary, the instant provision shall not give rise to any right of action by the User.
7. DISCLAIMER. KAYSE’S SERVICES ARE PROVIDED “AS IS”. EXCEPT TO THE EXTENT PROHIBITED BY LAW, KAYSE AND KAYSE’S AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. YOU ACCEPT THAT AI IS A DEVELOPING TECHNOLOGY AND AS SUCH “HALLUCINATIONS”, “MISFIRES”, AND OTHER INACCURACIES CAN OCCUR. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. KAYSE DOES NOT WARRANT OR REPRESENT THAT THE FEES CHARGED UNDER THIS AGREEMENT ARE RECOVERABLE OR AWARDABLE TO A PREVAILING LITIGANT AS TAXABLE COSTS OR THAT SUCH FEES MAY BE ETHICALLY PASSED ALONG TO SUBSCRIBER’S CLIENTS.
8. INDEMNIFICATION. (a) User Infringement Indemnity. User, at its expense, will defend, indemnify, and hold Licensor harmless from and against any and all third party claims for damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, costs, and expenses including, without limitation, reasonable attorneys’ fees, finally awarded by a court of competent jurisdiction, after all rights of appeal are exhausted, against Licensor which directly relate to a claim, action, lawsuit, or proceeding made or brought against Licensor by a third party alleging the infringement or violation of such third party’s registered patent, trade secret, copyright, or trademark (each a “Licensor Claim”) by way of Licensor’s use of any User Content that User provides to Licensor and Licensor uses in the provision of any Services.
(b) Licensor Infringement Indemnity. Licensor, at its expense, will defend, indemnify, and hold User harmless from and against any and all third party claims for damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, costs, and expenses including, without limitation, reasonable attorneys’ fees, finally awarded by a court of competent jurisdiction, after all rights of appeal are exhausted, against User which directly relate to a claim, action, lawsuit, or proceeding made or brought against User by a third party alleging the infringement or violation of such third party’s registered patent, trade secret, copyright, or trademark (each a “User Claim”) by way of User’s use of the Service that Licensor provides to User.
9. LIMITATION OF LIABILITY. LICENSOR AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“THE PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO USER, AUTHORIZED USERS, OR ANY THIRD PARTY, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IN NO EVENT WILL THE LIABILITY OF THE PARTIES ARISING OUT OF ANY CLAIM RELATED TO THIS AGREEMENT EXCEPT FOR INTELLECTUAL PROPERTY INFRINGEMENT OR THE SUBJECT MATTER HEREOF EXCEED THE AGGREGATE AMOUNT ACTUALLY PAID BY THE SUBSCRIBER HEREUNDER, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. USER WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS LICENSOR FOR ANY LOSS, DAMAGE, OR COST IN CONNECTION WITH ANY CLAIM OR ACTION WHICH MAY BE BROUGHT BY ANY THIRD PARTY AGAINST LICENSOR RELATING TO ANY BREACH OF THIS AGREEMENT BY USER. KAYSE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY THIRD-PARTY SERVICE PROVIDERS ENGAGED TO PERFORM OR ASSIST WITH THE SERVICES PROVIDED UNDER THIS AGREEMENT.
In addition to the above warranty disclaimers, in no event will (A) KAYSE be liable for any consequential, exemplary, special, or incidental damages, including (but not limited to) any damages for lost profits, revenue, data, marketing and/or advertising expenditure, or other economic advantage, arising from or relating to your use of or the inability to use the Services, EVEN IF KAYSE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) KAYSE’s total cumulative liability arising from or related to the Services, whether in contract or tort or otherwise, exceed the GREATER OF one hundred dollars ($100.00) or the purchase price or fees paid by Subscriber during the preceding one-month period to KAYSE, its subsidiaries or its affiliates in connection with the use of the Services. In no event will KAYSE be liable for more than five hundred dollars ($500.00), EVEN IF any error, misprint, or non-functioning Service is due in whole or part to an action or omission by an agent and/or employee of KAYSE.
10. CONFIDENTIALTY. In the course of performing this Agreement, the parties may disclose to each other Confidential Information. “Confidential Information” shall mean any and all non-public technical and non-technical information provided by either party to the other, including but not limited to (i) patent and patent applications; (ii) trades secrets; and (iii) proprietary information including but not limited to know-how, processes, software programs, software source documents, and formulae related to the current, future and proposed products and services of each of the parties, and including, without limitation, their respective information concerning any and all client and client related information, research, experimental work, development, design details, and specifications, engineering, procurement requirements, purchasing, manufacturing, Subscriber lists, financial information, investors, employees, business and contractual relationships, business forecasts, sales, merchandising, marketing, plans and information the disclosing party provides regarding third parties. All Confidential Information shall remain the sole property of the disclosing party, and the receiving party shall have no interest in or rights with respect thereto except as expressly set forth in this Agreement. Each party agrees: (i) not to use any Confidential Information of the other party for any purpose except in the performance of its obligations under this Agreement or as otherwise expressly permitted hereunder; (ii) to disclose such Confidential Information only to employees (or third party subcontractors permitted under this Agreement) who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive that set forth herein; (iii) to protect such Confidential Information from unauthorized use, access or disclosure in the same manner that it protects its own similar Confidential Information, but, in no event with less care that a reasonably prudent business would exercise; and (iv) to promptly notify the other party of any actual or potential unauthorized access to or use of Confidential Information. The foregoing restrictions on disclosure shall not apply with respect to any information that (i) was already in the parties possession before disclosure; (ii) was or has become publicly available through no fault of the receiving party; (iii) has been received from a third party which the receiving party believed in good faith was legally authorized to hold and disclose such information; or (iv) is required to be disclosed pursuant to law or legal process; provided that in such event receiving party shall immediately notify disclosing party of such requirement and provides reasonable assistance in any efforts to protect the Information from disclosure. This Section 10 will survive any termination of the Agreement for a period of five (5) years with respect to non-technical information and in perpetuity with respect to information, including the software, the documentation thereof, any code, and any and all client and client related information.
Confidential information not of a technical nature will remain confidential for a period of 3 years post-termination.
11. MISCELLANEOUS.
11.1 Amendments. This Agreement shall only be amended, modified and supplemented only by a written agreement signed by all parties. Notwithstanding the foregoing, we are continuously working to develop and improve our Services. Accordingly, we may update these terms from time to time, as provided herein.
11.2 Entire Agreement. This Agreement, including the schedules and exhibits hereto and the documents, annexes, attachments, certificates and instruments referred to herein and therein, embodies the entire agreement and understanding of the parties hereto in respect of the agreements and transactions contemplated by this Agreement and supersedes all prior agreements, representations, warranties, promises, covenants, arrangements, communications and understandings, oral or written, express or implied, between the parties with respect to such transactions. There are no agreements, representations, warranties, promises, covenants, arrangements or understandings between the parties with respect to such transactions, other than those expressly set forth or referred to herein.
11.3 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of any other provision of this Agreement in such jurisdiction, but this Agreement shall be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision had never been contained herein.
11.4 Successors and Assigns. User will not assign this Agreement, or delegate or sublicense any of its rights under this Agreement, without KAYSE’s prior written consent. Any assignment or transfer in violation of this Section 13.4 will be void. Subject to the foregoing, this Agreement and all of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and permitted assigns.
11.5 Remedies. The parties hereto agree and acknowledge that money damages would not be an adequate remedy for any breach of the provisions of this Agreement and that the any party may in its sole discretion apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive relief (without posting a bond or other security) in order to enforce or prevent any violation of the provisions of this Agreement.
11.6 Notices. Any notice provided for in this Agreement shall be in writing and shall be either personally delivered, or mailed first class mail (postage prepaid) or sent by reputable overnight courier service (charges prepaid) to KAYSE at the address set forth below and to any other recipient at the address as indicated by KAYSE’s account records, or at such address or to the attention of such other person as the recipient party has specified by prior written notice to the sending party. Notices shall be deemed to have been given hereunder when delivered personally, three days after deposit in the U.S. mail and one day after deposit with a reputable overnight courier service. KAYSE’s address is: Case Connect Group LLC, C/O KAYSE, 1400 Old Country Rd, Suite 305, Westbury, NY 11590.
11.7 Business Days. If any time period for giving notice or taking action hereunder expires on a day which is a Saturday, Sunday or legal holiday in the state in which the KAYSE’s chief executive office is located, the time period shall automatically be extended to the business day immediately following such Saturday, Sunday or legal holiday.
11.8 Descriptive Headings. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
11.9 Delays or Omissions; Waiver. No delay or omission to exercise any right, power or remedy accruing to any party hereto, upon any breach or default of any other party under this Agreement, shall impair any such right, power or remedy of such party nor shall it be construed to be a waiver of, or estoppel with respect to, any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of any party hereto of any breach or default under this Agreement, or a waiver on the part of any party of any provisions, obligations, covenants, agreements or conditions of this Agreement must be made in writing and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative. Whenever this Agreement requires or permits consent by or on behalf of any party hereto, such consent shall be given in writing.
11.10 Authority. Each individual executing this Agreement on behalf of a corporation, limited liability company, professional association or other entity and hereby warrants that he or she is authorized to do so and that this Agreement constitutes the legally binding obligation of the corporation, limited liability company, professional association or other entity that the individual represents.
11.11 Force Majeure. KAYSE and its affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond its respective control, including acts of God, pandemics, epidemics, labor disputes, or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquakes, hurricanes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, war, cyberattacks including without limitation malware, ransomware, viruses, phishing attacks, denial-of-service attacks, and spoofing.
11.12 Independent Contractors. User and KAYSE are independent contractors, and neither party, nor their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
11.13 No Third-Party Beneficiaries. This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement. You shall not sublicense or allow another company or individual to use KAYSE without KAYSE written consent.
11.14. Not a Law Firm. KAYSE is not a law firm and does not provide legal advice whatsoever. User agrees that KAYSE is not providing any legal advice or legal services by or through its Website or by any other means, and, User acknowledges that and will govern itself accordingly. User hereby acknowledges that the Website has been prepared for informational and reference purposes only and is not intended to provide legal advice. User should not rely on any information contained in the Website regarding any legal issues.
11.15 Governing Law. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. The venue for any proceedings hereunder shall be exclusively in the County of New York, New York.
11.16 Dispute Resolution. In the event of any dispute arising out of any of the terms contained in this Agreement (a “Dispute”), you agree to the following:
THESE TERMS REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH INDIVIDUAL MEDIATION AND ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.
(a) INFORMAL DISPUTE RESOLUTION. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.
(b) MEDIATION: Prior to the institution of any legal action, including Arbitration, the parties agree to participate, in good faith, in a mediation conference through the American Arbitration Association (AAA) in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures. The parties shall share the cost of the mediator equally. The mediation shall be scheduled within 45 days from the date that either party submits a written notice requesting the mediation conference to the other party. The mediation conference shall be conducted in the County of New York, New York or at another mutually agreed location.
(c) BINDING ARBITRATION: In the event either party does not agree or fails to participate in a mediation conference, pursuant to paragraph (a) above, the parties agree to submit any and all disputes arising out of these by-laws to binding arbitration to be conducted by National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings. The arbitration shall be conducted within 60 days from the date of the impasse of the mediation conference, or within 60 days from the date either party submits the request through the NAM.
THESE TERMS REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH INDIVIDUAL ARBITRATION.
This section does not require informal dispute resolution or arbitration of claims for injunctive or other equitable relief to stop unauthorized use or abuse of the Services, restrictive covenants herein, or intellectual property infringement or misappropriation.
(d). ENFORCING ARBITRATION. Notwithstanding the foregoing, either party may seek an order compelling arbitration with the County of New York, New York, and waive the defenses of lack of personal and/or subject matter jurisdiction and/or forum of non-convenience.
(e). PREVAILING PARTY ATTORNEYS’ FEES: In the event the either party obtains a judgment or arbitration award, the prevailing party shall recover reasonable cost and attorney’s fees from the non-prevailing party including appellate fees and “fees for fees”.
(f). CLASS AND JURY TRIAL WAIVERS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. The parties knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.
(g). Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and KAYSE agree that National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.
12. CONTENT: USER-GENERATED CONTENT POLICY AND LICENSE AND USE OF CONTRIBUTIONS
12.1 User-Generated Content Policy: KAYSE may provide opportunities for you to engage in conversations, contribute to blogs, participate in message boards, online forums, and similar features. You may also be given the option to create, submit, post, display, transmit, or share content with us or on the Service. This may include, but is not limited to, text, writings, videos, audio, photos, graphics, comments, suggestions, personal information, or other materials (collectively referred to as “Contributions”).
Contributions may be visible to other users of the Service and through third-party websites, and as such, any content you share may be treated as non-confidential and non-proprietary. By submitting Contributions, you affirm and warrant that:
Any use of the Service that violates the above conditions is considered a breach of these Terms of Use and may result in suspension or termination of your access to the Service.
Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.
When you use our Services you understand and agree:
12.2 Ownership and License of Service Data and Contributions. You shall own your Service Data, which will be maintained in accordance with our Privacy Notice. However, KAYSE is free to use any ideas, concepts, know-how, feedback, suggestions, or techniques contained in any communication you send to us via the Service or by any other means for any purpose whatsoever.
When you submit any material or information protected by intellectual property or other rights (e.g., Service Data, photos, videos, articles, etc.) to the Service, you represent, warrant, and covenant that you have the necessary rights to disclose, copy, and display such information. You also grant KAYSE a non-exclusive, transferable, sub-licensable, royalty-free, fully-paid, worldwide license to use any such content you post on or in connection with the Service. This license allows us to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions (including, but not limited to, your image and voice) for any purpose, whether commercial, advertising, or otherwise. We may also prepare derivative works from your Contributions or incorporate them into other works and authorize sublicenses of these rights. This license applies to any format, media, or technology currently known or later developed, and includes our right to use your name, personal details, and commercial images you provide. You waive all moral rights to your Contributions and confirm that no moral rights have been asserted in them.
Please note that we do not claim ownership over your Contributions. You retain full ownership, and any intellectual property or proprietary rights associated with your Contributions. However, we are not responsible for any statements or representations you make in your Contributions to the Service. You alone are accountable for your Contributions, and by submitting them, you agree to release us from any legal claims related to your content. We have no obligation to monitor the content of your Contributions.
12.3 Rights to Modify or Remove Contributions. We reserve the right, at our sole discretion, to:
12.4 Perpetual License to Use Anonymized Data. Notwithstanding the above, you hereby grant KAYSE a non-exclusive, perpetual, irrevocable right and license to use, copy, transmit, modify, and display Service Data, provided that such data is (a) collected, used, and disseminated in aggregated and anonymized form; and (b) only used for internal business services and for improving the Services.
13. SERVICE LEVEL AND SUPPORT SERVICES AGREEMENT. Licensor will provide the Service to User, not including scheduled maintenance time. Scheduled maintenance time will not exceed ten (10) hours a month and will take place during Non-Peak Hours whenever possible. “Non-Peak Hours” will be the hours between 12:00 AM and 7:00 AM EST.
In the event that scheduled maintenance exceeds the agreed-upon limit, User may be entitled to a prorated service credit, to be applied to future billing periods.
During the Term and any renewal term of the Agreement, Licensor will make available a technical point of contact for User technical support inquiries which can be accessed by emailing support@kayse.ai.
14. HOW TO CONTACT US
For notices required pursuant to these Terms of Use, please contact us at: support@kayse.ai or write to us at Case Connect Group LLC, c/o Kayse, 1400 Old Country Rd, Suite 305, Westbury, NY 11590.
If you would like to learn more about us, please email us at sales@kayse.ai.
© 2025 kayseapp.com | 1400 Old Country Rd, Suite 305, Westbury, NY 11590
Improve Client Retention
Engage Clients
Claimant/Client-Focused Features of the Legal Client Portal App
