Version 2026-09-03 · effective 2026-09-03 · structure only · awaiting counsel
The contract governing access to TortOS by firms, intake operators and claimants.
Awaiting counsel. TODO(counsel): Identify the contracting entity and each class of user — the law firm, the intake operator acting on the firm’s behalf, and the individual claimant using the portal — and say which terms apply to which.
The platform is used by three distinct populations, and they do not have the same relationship with us:
Awaiting counsel. TODO(counsel): State plainly that use of this platform does not create an attorney–client relationship with us, that we do not provide legal advice, and how a claimant’s relationship with a law firm is formed instead. This section is the one most likely to be read by a regulator.
Awaiting counsel. TODO(counsel): Set out prohibited uses, including any restriction on submitting information about a person who has not authorised the submission.
Staff accounts use email sign-in with an idle session timeout and device binding for privileged roles. Claimant portal accounts use phone verification with a second factor; a static PIN is never sufficient on its own.
Awaiting counsel. TODO(counsel): Describe the user’s obligations for credential security and the consequences of shared or compromised accounts.
Awaiting counsel. TODO(counsel): Describe the commercial terms for firm and operator customers, or state that they are governed solely by a separate signed order form.
Awaiting counsel. TODO(counsel): Address ownership of case files and packages, the treatment of attorney work product, and what happens to data on termination.
Awaiting counsel. TODO(counsel): Draft the warranty disclaimer and liability cap, and confirm they are enforceable in every jurisdiction where the platform is offered.
Awaiting counsel. TODO(counsel): Choose the governing law and forum, and decide expressly whether an arbitration clause or class waiver is used — that decision interacts with the private right of action under WA MHMDA and with CIPA claims, so it is not a boilerplate choice.
Awaiting counsel. TODO(counsel): State how changes are notified and when they take effect. Material changes are versioned alongside the notice version shown at the top of this page.
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