Terms of Service

Updated May 21, 2026

By accessing, viewing, subscribing to and/or using the Descrybe™ service, summaries or this website (collectively, Descrybe), you agree that you understand and intend these Terms of Service and Privacy Policy (Terms) to be the legal equivalent of a signed, written contract and equally binding, and that you agree to such Terms. Descrybe reserves the right to change these Terms, Descrybe and the summaries at any time and that your use of Descrybe constitutes your acceptance of, and agreement to, such changes.

1. What does Descrybe do?

Descrybe uses advanced artificial intelligence to enable users to search, review, and analyze primary law and judicial opinions from courts across the United States. In addition, DescrybeLM provides a legal reasoning workspace designed to support structured research and analysis, including clarifying legal questions, identifying relevant authority, evaluating coverage, and generating research-driven written responses.

2. Descrybe does not provide legal advice

The legal case summaries and other information on Descrybe (collectively, summaries) are for general information purposes only. Neither the summaries nor any other information on Descrybe constitutes legal advice or is intended to constitute legal advice. Descrybe is not a law firm or lawyer, may not perform services performed by a lawyer, and does not provide any legal advice or service whatsoever. The information on Descrybe is not privileged and does not create an attorney-client relationship.

3. Descrybe case summaries and other information may be inaccurate or erroneous

Descrybe uses third-party AI models to summarize and make searchable certain primary law and legal cases from courts of law in the United States. Descrybe does not review or validate the summaries, research outputs, or other information on Descrybe to confirm they are accurate, truthful, relevant, reliable, and not misleading or erroneous. The summaries and other information on Descrybe may be inaccurate, untruthful, irrelevant, unreliable, misleading, or erroneous, and Descrybe is not responsible for any inaccuracy, irrelevance, error, unreliability, interruption of, or other problem or defect in the summaries or other information on Descrybe. No search is perfect and no summary is a substitute for reading an entire source or case. You acknowledge and agree that your use of any summaries or other information on Descrybe is entirely at your own risk. Descrybe has relied on your agreement to these Terms, and would not have made Descrybe or the summaries available to you without your agreement to these Terms.

4. Descrybe LM outputs may be inaccurate or erroneous

DescrybeLM uses third-party AI models and other automated processes to generate research plans, legal analysis, and other research outputs based on user inputs, primary law, and legal cases from courts of law in the United States. Descrybe does not review or validate the research plans, analyses, or other outputs generated by DescrybeLM to confirm they are accurate, truthful, relevant, reliable, and not misleading or erroneous. The research plans, analyses, and other outputs generated by DescrybeLM may be inaccurate, untruthful, irrelevant, unreliable, misleading, or erroneous, and Descrybe is not responsible for any inaccuracy, irrelevance, error, unreliability, interruption of, or other problem or defect in any such research plans, analyses, or other outputs. No research output is perfect and no analysis, research plan, or other output is a substitute for independent professional judgment and reading the underlying authorities. You acknowledge and agree that your use of any research plans, analyses, or other outputs generated by DescrybeLM is entirely at your own risk. Descrybe has relied on your agreement to these Terms, and would not have made DescrybeLM or its outputs available to you without your agreement to these Terms.

5. License to use Descrybe

Descrybe grants you a revocable, non-exclusive, non-transferable license to use Descrybe conditioned on your continued compliance with these Terms and payment of any applicable fees. You may print and download materials and information on Descrybe solely for your professional use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, make a derivative work, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information, summaries, or material obtained from or through Descrybe. Without limiting the generality of the foregoing, you may not share any summaries, passwords, logins, or other information on Descrybe with any other person or entity. As a further condition of use of Descrybe, you warrant that you will not use Descrybe for any purpose that is unlawful or otherwise prohibited by these Terms. Any rights not expressly granted herein are reserved. You may not use Descrybe if you are under the age of 13. This is a business product intended for business use and you agree you are a business customer.

You may not use Descrybe, Descrybe Connect, Descrybe Legal Engine, any Descrybe connector, API, MCP interface, content, output, or other material obtained from or through Descrybe to scrape, crawl, harvest, bulk download, cache, mirror, index, republish, redistribute, train or fine-tune models, build or operate a competing legal research database or service, or provide Descrybe-derived content or outputs to third parties. Third-party tools may interoperate with Descrybe only where each end user authenticates with their own Descrybe account and complies with these Terms. Shared credentials, pooled access, proxy services, sublicensing, resale, or redistribution require Descrybe’s prior written consent. Prohibited uses may result in limits, suspension, or termination of access without refund, except where a refund is required by applicable law.

6. Subscriptions

Descrybe offers subscriptions for certain services. If you purchase a subscription, access automatically renews monthly or yearly, based on what you select, and your card will automatically be charged the current rate, as indicated at your time of purchase (rate subject to change). Cancel renewals anytime by visiting Manage Subscription within your account.

(a) Limitations. Some subscriptions may have limits to the number of usages allowed per month and/or a character limit on an individual usage. Such limitations will be disclosed at the time of subscribing and may be changed as described below. You are limited to one free trial per year. You may not bypass this limitation by using multiple email addresses.

(b) Fees. If you purchase a subscription, you will be charged in accordance with the billing terms in effect at the time of your initial purchase. If you purchase a subscription that is charged in full on purchase, in each renewal period for that subscription, you must pay the total cost of the next subscription period by the first day of that period. For each subscription, your charge remains for each subscription period no matter if you access the services or Site during any subscription term. In other words, EVEN IF YOU DO NOT USE THE SUBSCRIPTION, OR ANY ASPECT OF IT, YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.

(c) Billing. You must provide valid credit or debit card information at the time of purchase to allow payment for the initial membership term of a subscription.

(d) Renewals. For your automatically renewing subscriptions, your subscription will renew at the end of the initial membership term (the "Billing Date") and at the end of each successive membership term, until you notify us that you want to terminate your subscription under these Terms or your subscription is otherwise terminated. If you do not notify us, your credit card will automatically be charged for the renewal term of your subscription on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date for renewals in months with fewer days will fall on the last day of the month. Descrybe may adjust your Billing Date in subsequent renewal periods. Should we choose to do so, we will provide notice via email. This will be reflected by a charge to your account on a prorated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless Descrybe otherwise notifies you in advance under these Subscription Terms, the renewal charge will be equal to the original purchase price for the subscription. Descrybe may obtain automatic updates for any expiring credit cards you have provided.

You must pay Descrybe the fees associated with your subscription. Additional discounts may be available for members purchasing multiple months up front or as part of certain promotions.

(e) Notice of Automatic Renewal. We may send a reminder email to your account’s email address of record before your Billing Date. Unless required by law in the state where you reside, Descrybe is not obligated to provide this notice. You acknowledge that (i) your failure to read, (ii) your inability to receive, or (iii) Descrybe’s failure to send the email creates no liability for Descrybe other than as required by law.

(f) Promotional Trial Memberships. We sometimes offer customers trial memberships, all of which are subject to these Terms (unless otherwise stated in the offer). Some trial memberships may automatically renew. If a membership automatically renews, it will be disclosed at the time of enrollment. For a trial or other promotional membership with no initial charge that automatically renews, you agree we may authorize a charge of up to one dollar ($1) to your method of payment to verify your payment source. AT THE COMPLETION OF A TRIAL MEMBERSHIP THAT AUTOMATICALLY RENEWS, UNLESS YOU CHOOSE TO CANCEL THROUGH MANAGE SUBSCRIPTIONS IN YOUR ACCOUNT YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL MEMBERSHIP TERM.

(g) Changes to Subscriptions.

  • General Changes. Descrybe may discontinue the offering of a subscription, including the functionality, content, or availability of any features of subscriptions or Third-Party Services, at any time in its sole discretion. We may also impose limits on features and services or restrict your access to all or part of the subscription. However, you have the right to cancel your membership should we materially decrease benefits. If we add new features to a subscription, the new features will be subject to these Terms. If you add a product or service to your subscription, Descrybe has the discretion to charge you a prorated portion of the costs to align your renewal date with your current subscription. Descrybe will provide you notice before doing so.
  • Fee Adjustments. Descrybe may increase subscription fees by notifying you of new fees at least 30 days before the beginning of a renewal term. The new fees will be effective on the first day of the renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new fees for the renewal term and subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term). Reductions in fees become effective on the first day of the next renewal term without a pro rata adjustment for the period covered under the prior fee schedule.
  • Renewal Term Adjustments. Descrybe offers subscriptions of various lengths. Descrybe may increase the renewal term from monthly, quarterly, or otherwise, to quarterly, annually, or otherwise at our discretion by notifying you of the new renewal term at least 30 days before the beginning of a renewal term. If you do not cancel your subscription, you will be deemed to have accepted the new renewal term moving forward (unless the renewal term is changed in the same manner for a subsequent renewal term).
  • Discontinuation and Replacement of Subscriptions. Should Descrybe cease to offer your subscription, we can discontinue your subscription, continue to provide it to you, or provision a replacement (similar or comparable product) at the then-current price. Additional fees may be charged for such replacement subscription. Descrybe will notify you of new fees at least 30 days before they become effective.
  • By Subscriber. You may upgrade or downgrade your subscription to other available options at any time by visiting Manage Subscription under your account.

(h) Termination or Cancellation

  • By Descrybe.
    • Descrybe may terminate your use of all or part of the subscriptions in its sole discretion. As your sole remedy, we will refund to you any prepaid fees specifically related to the current term of that subscription.
    • Your right to use a subscription is subject to any limits established by Descrybe or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, Descrybe may, in its sole and absolute discretion, suspend or terminate your access and account, which will terminate these our obligations under the Terms. If a charge made to your credit card is declined, Descrybe may, but is not obligated to, contact you and may make multiple attempts to bill that card over a thirty-day period.
    • If you wish to reactivate your account after a termination, the new term begins on the reactivation date.
  • By Subscriber. You may cancel your subscription at any time online by clicking Manage Subscription in your account. After you have canceled, your subscription will remain active until the end of then-current period. You will not receive a refund, prorated or otherwise, for the remainder of your then-current period.
  • Services After Termination. After your subscription is terminated or your membership term has ended, you will not be able to access the corresponding subscription offerings.

7. Links to other websites

Descrybe may provide links to other sites on the Internet for the convenience of its users in locating related information and services. These sites have not necessarily been reviewed by Descrybe and are maintained by third parties over which Descrybe exercises no control. Accordingly, Descrybe expressly disclaims any responsibility for the privacy policies, information collection practices, content, accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

8. Third party products and services

Descrybe may use third party products or services to process payments, create summaries, host its website, etc. These third-party products and services are for the convenience of Descrybe users and are maintained by third parties over which Descrybe exercises no control. Accordingly, Descrybe expressly disclaims any responsibility for such third party products or services, their privacy policies, information collection practices, the content, and the accuracy and quality of their products and services.

9. Disclaimer of Warranty

You agree that your use of Descrybe and the summaries is entirely at your own risk. Descrybe and the summaries are provided "as is," without warranty of any kind whatsoever, either express or implied, to you or any other person. Without limiting the generality of the foregoing, Descrybe disclaims to the maximum extent permitted by law any and all:

  1. warranties of merchantability or fitness for a particular purpose,
  2. warranties against infringement of any third party intellectual property or proprietary rights,
  3. warranties relating to delays, interruptions, errors or omissions,
  4. warranties relating to the transmission or delivery of Descrybe or the summaries, and
  5. warranties otherwise related to performance, nonperformance, or other acts or omissions by Descrybe or any third party.

10. Limitations of Liability

This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. This limitation applies to the content of any and all summaries and all other information on or generated on Descrybe. You specifically acknowledge and agree that the risk of injury from the foregoing rests entirely with you. Neither Descrybe nor any of its partners, agents, executives, directors, employees or affiliates shall be liable for any direct, indirect, incidental, special or consequential damages whatsoever arising out of use of Descrybe or any inability to again access to or use Descrybe or out of any breach of these Terms, applicable law or any warranty. Descrybe has relied on your agreement to these Terms, including this limitation of liability, and would not have made Descrybe, its tools, or the summaries available to you without your agreement thereto. You agree to indemnify, defend and hold descrybe.com harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation or alleged violation of these Terms or use of the Descrybe or the summaries. If any liability is found on the part of Descrybe, it will be limited to the amount you actually paid for its products and services during the 12-months prior to the actions giving rise to any such liability.

11. Termination

Descrybe may terminate your access to Descrybe at any time. Upon termination, you have no right to access or use Descrybe, including the website or the summaries. Upon termination. The Privacy Policy and sections 2-4 and 7-15 of the Terms of Service shall survive termination of these Terms. All sales and purchases at Descrybe are final and non-refundable.

12. Trademark

Descrybe, Descrybe.com, DescrybeLM, Cytator, Cytationator, Backwards Cytator, Changing legal research for good, the bi-colored "slingshot" logo, the bi-colored “D” logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Descrybe. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

13. Copyrights; Digital Millennium Copyright Act

Notice. Descrybe follows the notice and takedown procedures in the Digital Millennium Copyright Act (DMCA). If you believe content on Descrybe violates your copyright, please immediately notify us by sending a message with the information described below through our contact page. Please use the subject "DMCA Copyright Notice" in your message. Under the DMCA, you may be held liable for damages based on material misrepresentations in your infringement notice. You must also make a good-faith evaluation of whether the use of your content is a fair use, because fair uses are not infringing. If you are not sure if the content you want to report infringes your copyright, you should first contact a lawyer.

The DMCA requires that all infringement notices must include all of the following:

  1. A signature of the copyright owner or a person authorized to act on the copyright owner's behalf.
  2. An identification of the copyright claimed to have been infringed.
  3. A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to allow Descrybe to find and positively identify that material.
  4. Your name, address, telephone number, and email address.
  5. A statement that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent.
  6. A statement, under penalty of perjury, that all of the information contained in your infringement notice is accurate.
  7. A statement, under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.

Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information:

  1. Your physical or electronic signature;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Boston, MA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, Descrybe may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Descrybe’s sole discretion.

14. Governing Law and Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts. Except as provided in the Descrybe Arbitration Agreement, any action arising out of or relating to these terms shall be filed only in state courts located in Boston, Massachusetts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

15. Dispute Resolution By Binding Arbitration or Small Claims Court

General. You and Descrybe agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be individually arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. “Disputes” are defined broadly, including claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.

ANY ARBITRATION UNDER THE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, MASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST DESCRYBE. Nothing in this Arbitration Agreement prevents you or Descrybe from settling Disputes on a class, representative, or consolidated basis. If any term of this “Arbitration Agreement” in section 18 is found unenforceable, the unenforceable term will be severed, and the remaining terms will be enforced (but in no case will there be a class action, consolidated action, mass action or representative action arbitration).

Pre-Filing Requirement to Attempt to Resolve Disputes. Most customer concerns can be resolved quickly and to your satisfaction by contacting our customer care. Before an arbitration is commenced, you and Descrybe agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Terms. To provide this opportunity, before commencing any arbitration, proceeding in small claims court, or lawsuit (when permitted by this Arbitration Agreement), each party agrees to send to the other party a written Notice (“Notice”) and personally meet and confer to informally resolve any Dispute. Any Notice to Descrybe should be sent by mail to Descrybe, Attn: Arbitration Agreement, [ADDRESS]. Any Notice sent to you will be mailed to the address on file for your account. The Notice must: (i) include your name, mailing address, Descrybe account name, the email address and phone number associated with your account, and; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; (iii) set forth the specific relief sought, including an accurate, good-faith calculation of the amount in controversy, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages; and (iv) be personally signed by you or Descrybe, as applicable. A Notice is only valid when it pertains to, and is on behalf of, an individual party. A Notice brought on behalf of multiple parties is invalid as to all. Both parties agree that they will attempt to resolve a Dispute through an informal negotiation within sixty (60) days from the date the Notice is received, and you and Descrybe therefore agree that, before either you or Descrybe demands or attempts to commence arbitration or litigation (where permitted) against the other, both parties will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any Dispute. These informal resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration or litigation (where permitted); multiple parties initiating claims cannot participate in the same informal resolution conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but each party shall also fully participate in the conference. Engaging in an informal resolution conference is a requirement that must be fulfilled before commencing arbitration or litigation (where permitted). Any statute of limitations shall be tolled while the parties engage in the informal resolution process required by this Arbitration Agreement.

After that sixty (60) day period and not before, and after the informal resolution conference has occurred and not before, either party may elect, in a written Notice to the other party as described above, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. After that seven (7) day period and not before, either party may commence arbitration if not proceeding in small claims court with jurisdiction. You agree that compliance with the informal resolution process described above is a condition precedent to commencing arbitration or filing a claim in small claims court. A party’s failure to satisfify this condition precedent entitles the opposing party to seek immediate stay or dismissal of the arbitration or litigation (where permitted) and the right to seek reimbursement for its costs. If either party elects small claims court, the Dispute will be resolved in that forum and not through arbitration. Each party agrees that state courts in City of Boston and County of Suffolk, Massachusetts or federal court for the District of Massachusetts, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. Each party also agrees that state courts in the City of Boston and County of Suffolk, Massachusetts or federal court for the District of Massachusetts may address whether a claim filed in small claims court or in arbitration has been previously released.

Scope of Arbitration. If we and you are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by National Arbitration and Mediation (“NAM”) (https://www.namadr.org) according to the NAM Comprehensive Rules and Procedures (the “NAM Rules”), and this Arbitration Agreement. In the event NAM is unavailable to administer the arbitration, the parties may agree to use the American Arbitration Association (“AAA”) or either party may invoke 9 U.S.C. § 5 to request that a court appoint the Arbitrator. Except as set forth above, and for Disputes subject to jurisdiction in small claims court, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the arbitration provider but before an Arbitrator has been selected, and the claim is subject to the jurisdiction of the filing party’s local small claims court, the other party can send a written notice to the opposing party and the arbitration provider requesting that the Dispute be decided in small claims court. Upon receipt of such notice, and if all outstanding arbitration service fees have been paid, the arbitration provider shall then administratively close the case.

Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the NAM Rules, the arbitration shall occur through the submission of documents to one Arbitrator. To the extent the Arbitrator determines that a hearing is required, the arbitration shall be conducted remotely by telephone or video conference. To the extent that the Arbitrator determines that an in-person hearing is required, the arbitration hearing will take place as close to your hometown as practicable or as otherwise agreed by the parties. You and Descrybe will have the right to file early or summary dispositive motions. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Descrybe values your privacy. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an Arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect with respect to Disputes involving other parties.

Arbitration Fees. In accordance with the NAM Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. You agree that you do not intend to use Descrybe for personal, family or household use. Accordingly, for purposes of calculating any arbitration costs and fees, you and Descrybe agree that you are not a "consumer," and that the NAM Comprehensive Fees schedule will apply. The arbitrator’s hourly fees (also referred to as Arbitrator Hearing Time) shall be split evenly between the parties. For purposes of this Arbitration Agreement, references to you and Descrybe also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of Descrybe services.

Attorneys’ Fees and Costs. In any Dispute, litigation, arbitration, or other legal proceeding arising out of or relating to this Arbitration Agreement, the arbitrator or court will award to the prevailing party, if any, its reasonable attorneys’ fees and costs incurred in connection with such proceeding.

Opt Out. You may reject this Arbitration Agreement, in which case only a court may be used to resolve any Dispute. To reject this agreement, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you first create your account, or for existing customers who agree to this as a terms update, within thirty (30) days of agreeing to such updated terms. The Opt Out must be emailed to [email protected] or mailed to Descrybe, Attn: Arbitration Agreement, 321 Walnut St #312, Newton, MA 02460. Your Opt Out must include your name, address, phone number and the email address(es) you used to sign up and use Descrybe. This is the only way of opting out of this Arbitration Agreement. Opting out will not affect any other aspect of the Terms, and will have no effect on any future agreements you may reach to arbitrate with us. An Opt Out that purports to opt out multiple parties will be invalid as to all such parties. No individual party (or their agent, representative, or group of agents or representatives) may effectuate an Opt Out on behalf of other individual parties.

Court Proceedings. Subject to and without waiver of the Arbitration Agreement above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City of Boston and County of Suffolk, Massachusetts or federal court for the District of Massachusetts

Pro Se Litigants. Descrybe is intended for legal professionals. However, if you are neither a legal professional nor working with or for one, and have used Descrybe as a pro se litigant, the following provisions apply to you:

  • NAM may determine whether you are a consumer for the purposes of its procedures, rules, and fees.
  • For a dispute with requested relief below $25,000, if NAM determines you are a consumer, Descrybe will reimburse you for your portion of the arbitrator’s hourly fees.
  • For a dispute with requested relief below $25,000, if NAM determines you are a consumer, Descrybe will waive its right to reasonable attorneys’ fees and costs should it be the prevailing party unless the arbitrator finds the claim was frivolous.

16. Customers Needing Extra Assistance.

Descrybe aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Descrybe website, or otherwise have difficulties using the Descrybe website, please call 617-752-2020 and our Customer Care team will assist you.

17. Right to Refuse.

You acknowledge that Descrybe reserves the right to refuse service to anyone and to cancel your access at any time.