Terms of Service

The agreement

These terms are an agreement between Truss Legal Inc., a Delaware corporation (“Truss”), and the organization that accepts them (the “customer”). The organization created on the welcome screen is the customer. Whoever accepts these terms on its behalf confirms they have authority to bind it.

The customer is responsible for the people it invites, for the sessions they run, and for whatever it bills its own clients.

The service

Truss runs practice depositions: a witness answers questions from an AI examining attorney over video, and the attorney who arranged the session receives a recording and a report on how the witness handled the questions. The report is meant to address how a witness answers, not the merits of what they say.

Truss is not a law firm and does not practice law. Nothing in the service is legal advice, and using it creates no attorney-client relationship between Truss and the customer, a witness, or anyone else. The customer's attorneys decide how to prepare a witness, what to tell them, and what to make of a session.

AI output

The examiner's questions, transcripts, reports, and camera observations are generated by software, including AI models. They can be wrong, incomplete, or inconsistent, and a transcript can mishear what was said. The customer reviews them before relying on them.

The report's camera observations describe where a witness looked and how they moved. They are not a measure of truthfulness, credibility, or state of mind, and are not fit for use as evidence.

The customer's responsibilities

The customer:

• obtains every consent and gives every notice the law requires from each witness and anyone else who appears in a session, including consent to be recorded, transcribed, and analyzed. A notice or consent prompt the service shows a witness does not relieve the customer of this obligation;
• sends session links only to witnesses who are 18 or older and located in the United States;
• has the right to upload every document and note it provides, and to share them with Truss and its service providers;
• decides whether using the service is consistent with its own professional obligations, including confidentiality and privilege; Truss makes no representation about the effect of using the service on privilege or work-product protection;
• keeps its sign-in links and session links private, and is responsible for what happens under them;
• does not use the service unlawfully, to harass anyone, to probe or disrupt its security, or to build a competing product;
• does not upload protected health information it holds as a business associate of a HIPAA covered entity. Truss is not a business associate and does not sign business associate agreements.

Customer content

Customer content is what the customer and its witnesses put into the service: case materials, notes, recordings, transcripts, and camera measurements, and the reports made from them. The customer owns its content. It grants Truss the right to store, process, and transmit that content only as needed to provide, secure, and support the service. Truss does not use customer content to train AI models.

If a witness agrees on the session page, the service may analyze their camera image during the session, computing measurements from the geometry of their face and body, including head position, gaze, blinks, facial expression, and posture, to prepare observations for the report. Truss does not use this analysis to identify anyone. A witness who leaves the box unchecked on a later start stops the analysis from then on; measurements already taken stay. The resulting measurements and observations are customer content and are deleted as described under Retention and deletion.

Truss uses third-party service providers to run the service, including providers of AI models, video calls, recording, hosting, storage, email, and payments. Customer content passes through these providers, which process it under their agreements with Truss. Truss may change its providers at any time. A current list is available on request.

Truss may use data about how the service is used and performs, with no customer content in it, to operate and improve the service.

Confidentiality and security

Truss uses reasonable efforts to keep customer content confidential. Its personnel and service providers may access it to operate, secure, and support the service, or when the customer asks. Truss may disclose customer content when it believes in good faith that the law requires it, and where the law allows and it is practicable, will try to tell the customer first.

Truss takes reasonable measures to protect customer content, but no system is perfectly secure, and Truss does not guarantee that customer content will not be accessed, lost, or disclosed without authorization. If Truss learns of such an incident affecting customer content, it notifies the customer as the law requires.

Questions about privacy go to privacy@trusslegal.com.

Retention and deletion

Each session recording carries a deletion date, which an organization can move or clear from the session page. Truss deletes a recording from the service on or after that date.

Camera measurements, and the observations made from them, are permanently destroyed, including any backup copies, no later than 90 days after the session, or sooner when the session is deleted.

Truss keeps a record of each witness's acceptance of the witness terms: the session, the time, the version and language accepted, and the answer to camera analysis. The record holds no name or session content and stays after the session is deleted.

Other customer content, including transcripts, reports, documents, and notes, may be kept until the customer deletes it or the agreement ends. Truss may delete operational data, such as logs and usage records, on its own schedule.

Other deleted content may remain for a period in backups and with service providers before it is removed. A deletion cannot be undone from the service. Truss does not guarantee that any content will be retained. The customer keeps its own copy of anything it needs.

Prices

An organization's prices are agreed with Truss and shown on its Settings page under Billing, where an admin can read them at any time. A witness is billed at the price shown there when the session runs. Prices exclude any applicable taxes.

A witness is billed once, after that witness's first practice session that runs at least ten minutes. Further sessions with the same witness cost nothing. A session shorter than ten minutes is not billed.

Billing

Charges are invoiced monthly, on the first of the month, for the witnesses billed in the previous month. An organization paying by card is charged the card on file; an organization on invoice terms, arranged with Truss in advance, is emailed an invoice due in 30 days. Each invoice line names the witness, the matter, and the person who created the session link.

An organization with no card on file and no invoice terms cannot create session links. A charge that fails, or an invoice that goes unpaid past its due date, pauses new sessions until it is settled.

Billing disputes and credits

To dispute a charge, write to nathan@trusslegal.com within 30 days of the invoice date, naming the invoice and the witness. A session that did not work is credited on the next invoice. That credit is the customer's sole remedy for a session that did not work.

Suspension and termination

Either party may end this agreement at any time by notice to the other. Truss may suspend access at once if the customer breaches these terms, if a charge goes unpaid, or if its use threatens the security of the service or of others. Charges for sessions already run remain due.

Before the agreement ends, the customer can delete its content from the service. Afterwards, Truss may delete whatever remains. The sections on AI output, the customer's responsibilities, confidentiality, the disclaimer, the limitation of liability, indemnification, and governing law survive the end of the agreement.

Disclaimer

The service and everything it produces are provided “as is” and “as available.” To the fullest extent the law allows, Truss disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. Truss does not warrant that the service will be uninterrupted or error-free, that a session will run or be recorded, that content will be kept or deleted on any schedule other than the one stated for camera data under Retention and deletion, or that using it will improve any witness's testimony or the outcome of any matter.

Limitation of liability

To the fullest extent the law allows, Truss is not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, clients, or data, or for the outcome of any legal matter, even if told they were possible.

Truss's total liability arising out of or relating to these terms or the service is limited to the fees the customer paid Truss in the 12 months before the event giving rise to the claim.

Indemnification

The customer will defend Truss and its officers, employees, and agents against any third-party claim, and pay the resulting losses, costs, and reasonable attorneys' fees, arising from the customer's content, its failure to obtain a consent or give a notice these terms place on it, its use of anything the service produces, or its breach of these terms. Claims by a witness or by the customer's own clients are included.

Governing law

Delaware law governs these terms, without regard to its conflict-of-laws rules. Any dispute arising out of them is resolved exclusively in the state or federal courts located in Delaware, and both parties consent to those courts' jurisdiction.

Changes

Truss may change these terms with 30 days' notice by email to the organization's billing address. Using the service after the change takes effect is acceptance of it. An organization's prices change only by agreement with it.

General

These terms, with the prices shown on the organization's Settings page, are the entire agreement on this subject. If a provision is unenforceable, the rest still applies. Not enforcing a provision is not a waiver of it. The customer may not assign this agreement without Truss's written consent; Truss may assign it in a merger, acquisition, or sale of its business. Neither party is liable for a delay or failure caused by events beyond its reasonable control.