MatterMind Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and MatterMind ("we," "us," or "our"), governing your access to and use of the MatterMind software platform, website, and services (collectively, the "Service").
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein.
2. Definitions
- "Account" means your registered account on the Service
- "Content" means any data, information, or materials uploaded, transmitted, or stored through the Service
- "Law Firm" or "Firm" means the legal practice entity registered under your Account
- "Personal Information" has the meaning set out in the Personal Information Protection Act (Alberta)
- "Subscription" means your paid access to the Service under a chosen plan
- "User Data" means all data, including Personal Information, that you input or integrate with the Service
3. Eligibility and Account Registration
3.1 Eligibility
You must be:
- At least 18 years of age
- A legal professional licensed to practice law in Canada, or an authorized staff member of a law firm
- Legally capable of entering into binding contracts
3.2 Account Registration
To use the Service, you must:
- Provide accurate, current, and complete registration information
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your account credentials
- Accept full responsibility for all activities under your Account
3.3 Account Security
You agree to:
- Immediately notify us of any unauthorized access or security breach
- Not share your account credentials with unauthorized parties
- Use reasonable security measures to protect your account
We reserve the right to suspend or terminate accounts that violate security protocols.
4. Service Description
4.1 Platform Features
MatterMind provides a software-as-a-service platform designed to enhance legal practice management through:
- Integration with Clio practice management software
- Workflow visualization and Kanban boards
- Key performance indicator (KPI) tracking
- Work planning and task management tools
- Revenue and work-in-progress (WIP) analytics
4.2 Third-Party Integration
The Service integrates with Clio ("Third-Party Service"). You acknowledge that:
- You must have a valid Clio account and license
- We are not responsible for Third-Party Service functionality, availability, or data handling
- Third-Party Services are subject to their own terms and privacy policies
4.3 Service Modifications
We reserve the right to:
- Modify, suspend, or discontinue any aspect of the Service
- Update features, functionality, and user interfaces
- Implement scheduled maintenance with reasonable notice
We will make commercially reasonable efforts to notify you of material changes that adversely affect Service functionality.
5. Subscription Plans and Payment
5.1 Free Trial
New users may be eligible for a free trial period as specified during registration. Trial access:
- Requires no payment method initially
- Automatically expires at the end of the trial period
- May be limited in features or usage
5.2 Paid Subscriptions
Upon subscribing to a paid plan:
- You authorize us to charge your designated payment method
- Subscriptions renew automatically unless cancelled
- Pricing is as specified on our website at the time of purchase
- All fees are exclusive of applicable taxes (GST, PST, or HST)
5.3 Payment Processing
Payments are processed through Stripe, Inc. ("Payment Processor"). You agree to:
- Provide valid payment information
- Comply with the Payment Processor's terms of service
- Authorize recurring charges for subscription renewals
5.4 Billing Cycles
- Monthly Plans: Billed monthly on the anniversary of your subscription start date
- Annual Plans: Billed annually with a discount as advertised
- Billing occurs automatically unless you cancel before the renewal date
5.5 Refund Policy
No Refunds: All subscription fees are non-refundable except as required by applicable consumer protection laws in Alberta or Canada. If you cancel your subscription:
- Access continues until the end of the current billing period
- No prorated refunds are provided for partial periods
- You may continue using the Service until the paid period expires
5.6 Payment Failure
If payment fails:
- Your account may be suspended or downgraded
- We may retry charging your payment method
- You are responsible for any overdraft or insufficient funds fees
5.7 Price Changes
We reserve the right to change subscription prices with 30 days' advance notice. Price changes apply:
- To new subscriptions immediately
- To existing subscriptions upon next renewal
6. Use of Service
6.1 Permitted Use
You may use the Service only for:
- Lawful business purposes related to your legal practice
- Managing your law firm's matters, clients, and workflow
- Purposes consistent with these Terms and applicable laws
6.2 Prohibited Uses
You agree NOT to:
- Use the Service for any unlawful, fraudulent, or malicious purpose
- Violate any applicable laws, regulations, or professional conduct rules
- Upload or transmit viruses, malware, or harmful code
- Attempt to gain unauthorized access to the Service or other users' accounts
- Reverse engineer, decompile, or disassemble the Service
- Use the Service to harass, abuse, or harm others
- Scrape, mine, or extract data using automated means without permission
- Resell, sublicense, or redistribute the Service
- Misrepresent your identity or affiliation
- Interfere with or disrupt the Service's integrity or performance
6.3 Compliance with Professional Rules
You acknowledge that:
- You are responsible for complying with the Law Society of Alberta Rules and Canadian Bar Association guidelines
- You remain solely responsible for maintaining client confidentiality and solicitor-client privilege
- Use of the Service does not relieve you of professional obligations
7. User Data and Intellectual Property
7.1 Ownership of User Data
You retain all ownership rights to User Data. By using the Service, you grant us a limited, non-exclusive, worldwide license to:
- Host, store, and process User Data to provide the Service
- Create backups and ensure data redundancy
- Use aggregated, anonymized data for analytics and service improvement
This license terminates when you delete your data or close your account.
7.2 Ownership of Service
The Service, including all software, designs, text, graphics, trademarks, and other content (excluding User Data), is owned by MatterMind and protected by Canadian copyright, trademark, and intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Service during your active subscription.
7.3 Feedback
Any feedback, suggestions, or ideas you provide regarding the Service become our property, and we may use them without compensation or attribution.
8. Privacy and Data Protection
8.1 Privacy Policy
Our collection, use, and disclosure of Personal Information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
8.2 PIPA and PIPEDA Compliance
We comply with:
- Alberta's Personal Information Protection Act (PIPA)
- Canada's Personal Information Protection and Electronic Documents Act (PIPEDA)
8.3 Data Security
We implement commercially reasonable administrative, technical, and physical safeguards to protect User Data. However, no system is completely secure. You acknowledge that:
- You assume the risk of data transmission over the internet
- We cannot guarantee absolute security
- You are responsible for maintaining your own backups
8.4 Data Retention
We retain User Data:
- For the duration of your active subscription
- For a reasonable period after account termination for backup and legal compliance purposes
You may request data deletion in accordance with our Privacy Policy.
9. Warranties and Disclaimers
9.1 Service Warranties
We warrant that the Service will:
- Substantially conform to the features described on our website
- Be provided with reasonable skill and care
9.2 DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY ALBERTA AND CANADIAN LAW:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- UNINTERRUPTED OR ERROR-FREE OPERATION
- ACCURACY OR RELIABILITY OF RESULTS
WE DO NOT WARRANT THAT:
- The Service will meet your specific requirements
- The Service will be available at all times
- All errors will be corrected
- The Service is free from viruses or harmful components
10. Limitation of Liability
10.1 Limitation on Damages
TO THE MAXIMUM EXTENT PERMITTED BY ALBERTA AND CANADIAN LAW, AND EXCEPT FOR BREACHES OF CONFIDENTIALITY, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT:
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:
- (A) THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR
- (B) CAD $100.00
10.2 Exclusion of Consequential Damages
WE SHALL NOT BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, OR USE
- BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY
Even if we have been advised of the possibility of such damages.
10.3 Provincial Law Exceptions
Some provinces, including Alberta, do not allow certain limitations on implied warranties or exclusions of liability for certain types of damages. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.
11. Indemnification
You agree to indemnify, defend, and hold harmless MatterMind, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use or misuse of the Service
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property or privacy rights
- Your violation of applicable laws or professional conduct rules
- User Data you upload or transmit
12. Termination
12.1 Termination by You
You may terminate your subscription at any time by:
- Cancelling through your account settings
- Contacting customer support
Upon cancellation:
- Billing ceases at the end of the current billing period
- Access continues until the paid period expires
- No refunds are provided for unused time
12.2 Termination by Us
We may suspend or terminate your Account immediately if:
- You violate these Terms
- Your payment fails and remains unresolved
- Your use poses a security or legal risk
- Required by law or law enforcement
12.3 Effect of Termination
Upon termination:
- Your license to use the Service ends immediately
- We may delete your User Data after a reasonable retention period
- Provisions of these Terms that by their nature should survive (including indemnification, disclaimers, and limitations of liability) will remain in effect
12.4 Data Export
You may export your User Data at any time before termination through the Service's export features. After termination, we are not obligated to provide access to your data.
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.
13.2 Jurisdiction
You irrevocably submit to the exclusive jurisdiction of the courts located in Edmonton, Alberta, for the resolution of any disputes arising out of or related to these Terms or the Service.
13.3 Arbitration
Before initiating litigation, the parties agree to attempt to resolve disputes through good-faith negotiation. If negotiation fails, either party may pursue binding arbitration under the Arbitration Act (Alberta) before a single arbitrator.
Arbitration shall be conducted in Edmonton, Alberta, in English. The arbitrator's decision shall be final and binding.
13.4 Class Action Waiver
You agree that disputes will be resolved on an individual basis only and waive any right to participate in a class action lawsuit or class-wide arbitration.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and MatterMind regarding the Service and supersede all prior agreements and understandings.
14.2 Amendments
We may modify these Terms at any time by:
- Posting updated Terms on our website
- Providing notice via email or in-app notification
Continued use of the Service after modifications constitutes acceptance of the updated Terms. If you do not agree to the changes, you must discontinue use and cancel your subscription.
14.3 Severability
If any provision of these Terms is found to be invalid or unenforceable under Alberta or Canadian law, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.
14.4 Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
14.5 Assignment
You may not assign or transfer these Terms or your Account without our prior written consent. We may assign these Terms to any successor or affiliate without restriction.
14.6 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, internet outages, or government action.
14.7 Notices
All notices to you may be provided via:
- Email to the address associated with your Account
- In-app notifications
- Posting on our website
Notices to us should be sent to:
Email: legal@mattermind.io
14.8 Language
These Terms are written in English. Any translation is provided for convenience only. In the event of a conflict between the English version and any translation, the English version shall prevail.
15. Contact Information
For questions about these Terms, please contact us:
MatterMind
Email: support@mattermind.io
Website: https://www.mattermind.io
By using MatterMind, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.