CERTERA TERMS OF SERVICE

Certera is an AI comparison tool. You submit a prompt, and the Service returns responses from two AI models (the “Outputs”) so you can compare them and indicate which response you prefer. The Service may also include an optional tool that helps users redact or replace identifying information in a prompt before submission (the “Anonymization Tool”).

The Service is intended exclusively for verified legal professionals (such as licensed attorneys, judges, paralegals, in-house counsel, law students, and law professors) who want to evaluate AI model responses to legal and related prompts. Access to the Service is conditioned on completion of an intake form and verification of your professional eligibility. The Service is not directed to consumers acting in a personal or household capacity and is not available to users who are not legal professionals.

We may modify, suspend, or discontinue the Service or any feature at any time. We do not guarantee uninterrupted availability or error-free operation.

The Service does not provide legal advice and does not create an attorney-client relationship. Outputs are generated by AI models and may be incomplete, inaccurate, biased, fabricated, or outdated. You are solely responsible for reviewing Outputs, exercising professional judgment, and determining suitability for any purpose.

Comparing two Outputs side-by-side does not validate either Output as accurate or legally correct. Selecting one Output over another reflects only your preference; it is not an endorsement, certification, or warranty by Percipient that the selected Output is accurate, complete, or fit for any purpose.

You must be at least 18 years old, have the legal capacity to enter into a binding contract, and be a legal professional as described in Section 1. To access the Service, you must complete an intake form providing information about your professional role, main area of practice, jurisdictions of licensure, and bar, roll, or equivalent registration identifier. You represent and warrant that the information you submit on intake (and any updates) is accurate, complete, and current, and you agree to update it promptly if it changes during your use of the Service. Percipient may verify the information you submit, including against publicly available bar or licensure records, and may suspend, restrict, or deny access if it is unable to verify your eligibility or believes you have provided inaccurate information. You agree to use the Service only for lawful purposes, in accordance with these Terms, and in compliance with our Acceptable Use Policy, which is incorporated by reference and available at the linked URL.

You will not, and will not permit any user to: (a) submit content you do not have the right to submit; (b) submit prompts that include sensitive personal information, protected health information, or other regulated data except as permitted by these Terms and the Acceptable Use Policy; (c) attempt to gain unauthorized access to the Service or related systems; (d) scrape, crawl, or use automated means to access the Service except through any authorized API; (e) introduce malware or harmful code; (f) reverse engineer or attempt to derive the source code, model weights, or training data of the Service; or (g) use Outputs to train, fine-tune, or develop a competing AI model or service.

Some features may require account registration. If you create an account, you agree to provide accurate information, keep it current, and maintain the confidentiality of your credentials. You are responsible for activity under your account. We support login via third-party identity providers (such as Google and Microsoft), and your use of those providers is governed by their terms.

Your Prompts. You retain ownership of any prompts, materials, or information you submit to the Service (“Prompts”). You grant Percipient a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and use Prompts as reasonably necessary to operate, secure, support, and improve the Service.

Outputs. Subject to your compliance with these Terms, Percipient assigns to you any rights it may have in Outputs generated specifically in response to your Prompts, to the extent assignable, so that you may use those Outputs for your business purposes. Outputs are not warranted to be accurate, complete, original, or non-infringing, and similar or identical Outputs may be generated for other users.

Preference and Evaluation Data. When you select a preferred Output, provide ratings, or otherwise interact with the Service to evaluate Outputs (collectively, “Preference Data”), Percipient owns the Preference Data and may use it for any lawful purpose, including improving the Service, evaluating AI model performance, conducting reinforcement learning and fine-tuning, and providing or offering anonymized evaluation services. Preference Data does not include the underlying Prompts or Outputs, which are governed separately by this Section 5.

AI Evaluation and Improvement. You authorize Percipient to use Prompts, Outputs, and related data to evaluate model performance, perform quality assurance, and improve the Service, including through fine-tuning and reinforcement learning. Percipient may create and use Anonymized Data for any lawful purpose, including improving its models and services or offering anonymized evaluation services to third parties. “Anonymized Data” means data derived from Prompts, Outputs, or Preference Data that has been de-identified, aggregated, or otherwise processed so that it does not reasonably identify you, any individual, or any specific document or transaction, whether alone or in combination with other information. Percipient will not knowingly share data that identifies you outside the categories described in our Privacy Policy.

Third-Party Model Providers. The Service routes Prompts to AI models operated by third-party providers. Each such provider processes Prompts in accordance with its own terms and data-use practices. By submitting a Prompt, you authorize Percipient to transmit the Prompt to one or more such providers as necessary to generate Outputs.

The Anonymization Tool is provided as a convenience to help users redact or replace identifying information in a Prompt before submission. The Anonymization Tool is not guaranteed to remove all identifying information. Effectiveness depends on the content of the Prompt and how the tool is used. You remain solely responsible for: (a) determining what information may be submitted to the Service consistent with your professional, contractual, regulatory, and ethical obligations (including duties of confidentiality and privilege); (b) reviewing any redactions before submission; and (c) any consequences arising from information you submit, whether or not you used the Anonymization Tool.

If the Service is offered on a paid basis, billing terms will be presented at the time of purchase. Subscriptions may renew automatically unless canceled before the start of the next billing period. Fees are non-refundable once a billing period has begun, except as required by law. Payments are processed by third-party payment processors (such as Stripe). Fees are exclusive of taxes, and you are responsible for any applicable taxes other than taxes on Percipient’s net income.

Percipient and its licensors own all right, title, and interest in and to the Service, including the underlying software, models (as configured and operated by Percipient), interfaces, branding, and content (excluding Prompts and Outputs as described above). Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your internal business purposes. No other rights are granted, expressly or by implication.

The Service relies on or integrates with third-party services, including AI model providers, payment processors, identity providers, and hosting providers. Your use of those services is subject to their respective terms. We are not responsible for the acts, omissions, performance, or availability of any third-party service.

THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, PERCIPIENT DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY OUTPUT IS ACCURATE, COMPLETE, RELIABLE, OR FIT FOR ANY PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW:

1. PERCIPIENT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
2. PERCIPIENT’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED: (i) ONE HUNDRED U.S. DOLLARS (US$100) if you have not paid Percipient any fees for the Service in the twelve (12) months preceding the event giving rise to the claim; or (ii) the total fees paid by you to Percipient for the Service in the twelve (12) months preceding the event giving rise to the claim.

These limitations apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose.

You agree to indemnify, defend, and hold harmless Percipient, its affiliates, and their respective officers, directors, employees, and agents (collectively, the “Company Parties”) from and against any and all third-party claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Service in violation of these Terms or applicable law; (b) any Prompts or other content you submit to the Service, including any allegation that they infringe, misappropriate, or violate intellectual property, privacy, confidentiality, or other rights of a third party; (c) your use of any Output; or (d) your gross negligence, willful misconduct, or fraud. We will promptly notify you of any claim, allow you to control the defense and settlement (provided you may not agree to any settlement imposing an admission of liability or non-monetary obligation on a Company Party without our prior written consent), and cooperate at your expense. We may participate in the defense with counsel of our choosing at our own expense.

We may suspend or terminate your access to the Service at any time if we reasonably believe you have violated these Terms or engaged in any improper use of the Service. Sections 2, 5, 6, 8, 10, 11, 12, 14, 15, and 16 survive termination.

We may update or modify the Service or these Terms at any time. When we update these Terms, we will revise the “Last Updated” date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

These Terms and your use of the Service are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction and venue of those courts.

If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver. These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Percipient regarding the Service and supersede any prior or contemporaneous understandings. Your use of the Service is also governed by our Privacy Policy and Acceptable Use Policy, which are incorporated by reference. We may update those policies from time to time, and continued use of the Service constitutes acceptance of the updated policies.

Questions about these Terms can be directed to: