Terms of Use & Legal Disclaimers
These Terms of Use & Legal Disclaimers (the “Terms”) govern your access to and use of Counselera, a practice-management and operations platform provided by TurqOS (“TurqOS,” “we,” “us”). “Counselera” means the Counselera application, its websites, its AI-assisted features, and all related services.
By purchasing a subscription, creating an account, logging in, or otherwise accessing or using Counselera, you agree to be bound by these Terms. If you do not agree, do not access or use Counselera. If you use Counselera on behalf of a law firm or other organization, you represent that you have authority to bind that organization, and “you” includes it.
1. What Counselera Is — and Is Not
Counselera is software that helps law firms with their day-to-day operations — for example, intake, calendaring, task and deadline tracking, billing and trust record-keeping, communications, documents, and related workflows.
TurqOS is a software company. TurqOS is not a law firm, is not a lawyer or licensed attorney, does not provide legal services, is not law enforcement, and is not a licensed, regulated, or industry-specific compliance authority of any kind.
Using Counselera does not create an attorney-client relationship, and Counselera does not represent you or your clients. Counselera does not practice law and does not decide, resolve, adjudicate, or take responsibility for any legal matter.
Every Counselera feature is supplementary. Information, suggestions, calculations, reminders, automations, and AI output are aids to your own professional judgment — not a substitute for it, and not a service that performs your professional obligations for you.
2. No Legal Advice; Your Professional Responsibility
Nothing in or produced by Counselera is legal advice. Definitions, rules of thumb, deadline calculations, conflict checks, guardrail prompts, glossary entries, document templates, and any AI-generated content are general informational aids only. They are not advice, and they are not jurisdiction-specific certainty.
You — the licensed professional — remain solely responsible for all professional judgments and for compliance with all applicable laws, court rules, filing requirements, and rules of professional conduct, including those of every bar to which you are admitted.
You must independently verify everything before relying on it. This is especially true for deadlines and calendaring, citations and authorities, court filings, trust accounting and reconciliation, conflicts of interest, and any communication with a client, court, or opposing party.
3. AI Features; Accuracy and Errors
Counselera includes artificial-intelligence and automated features. AI and automated systems can and do make mistakes. Any output may be inaccurate, incomplete, outdated, fabricated, or inappropriate for your situation.
Counselera’s AI features are designed to suggest, not to decide or act for you. You must review and approve every AI-assisted or automated action before it takes effect. You should never rely on an AI output without independent verification.
TurqOS does not warrant, and is not responsible for, the accuracy, completeness, timeliness, reliability, or fitness of any output, whether produced by AI, by a rules calculation, by an integration, or otherwise.
4. Your Responsibilities — One Hundred Percent Yours
You are fully and solely responsible for reviewing, verifying, and approving your work and any action you take with or through Counselera. Reliance on Counselera is at your own risk.
Without limiting the foregoing, you are responsible for:
- verifying all deadlines, hearing dates, and calendaring against authoritative court rules and sources;
- confirming all trust accounting, balances, disbursements, and reconciliations, and maintaining trust compliance;
- running and confirming conflict-of-interest checks before opening or accepting any matter;
- reviewing every communication before it is sent, and protecting client confidences, privilege, and the no-contact rule;
- maintaining your own independent records and backups, and the accuracy of all data you enter;
- your account credentials, your authorized users, and all activity under your account;
- your own professional conduct and your clients’ matters; and
- complying with all applicable laws and rules of professional responsibility.
5. No Warranties
Counselera is provided “AS IS” and “AS AVAILABLE,” with all faults. To the maximum extent permitted by law, TurqOS disclaims all warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties regarding accuracy, reliability, availability, or that Counselera will be uninterrupted, secure, or error-free.
No advice or information, whether oral or written, obtained from TurqOS or through Counselera creates any warranty not expressly stated in these Terms.
6. Limitation of Liability
To the maximum extent permitted by law, TurqOS and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business; for any missed deadline, malpractice exposure, sanction, bar discipline, or harm to a client relationship; or for any matter arising out of or related to your use of (or inability to use) Counselera — regardless of the theory of liability and even if advised of the possibility of such damages.
To the maximum extent permitted by law, TurqOS’s total aggregate liability for all claims arising out of or related to Counselera will not exceed the greater of the fees you paid to TurqOS for Counselera in the twelve (12) months before the event giving rise to the claim, or one hundred U.S. dollars ($100). [COUNSEL] confirm liability cap.
The disclaimers and limitations in these Terms are a fundamental basis of the bargain between you and TurqOS and apply even if a remedy fails of its essential purpose.
7. Indemnification
You agree to indemnify, defend, and hold harmless TurqOS and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: your access to or use of Counselera; your work, professional conduct, or your clients’ matters; any content or data you provide; your violation of these Terms or of any law, regulation, or rule of professional conduct; or your infringement of any third-party right.
8. License and Acceptable Use
Subject to these Terms, TurqOS grants you a limited, non-exclusive, non-transferable, revocable license to access and use Counselera for your firm’s internal business operations.
You will not: copy, modify, distribute, sell, sublicense, or lease Counselera; reverse engineer or attempt to derive source code; use Counselera to build a competing product; access Counselera to scrape data or to disrupt or compromise its security or integrity; or use Counselera for any unlawful purpose or in violation of any third party’s rights.
9. Your Data and Confidentiality
As between you and TurqOS, you retain all rights in the data and content you submit to Counselera. You grant TurqOS a license to host, process, and use that data solely to provide and improve Counselera, as further described in the Privacy Policy.
You are solely responsible for the legality of the data you submit, for obtaining any necessary consents, and for safeguarding client confidences and privilege. You must not submit data you are not authorized to submit.
Our collection and use of personal information is described in the TurqOS Privacy Policy [COUNSEL: link to Privacy Policy], which is incorporated into these Terms.
10. Third-Party Services
Counselera may interoperate with third-party services, such as email providers, calendar and document systems, payment processors, court-rules and docket-data providers, and AI model providers. TurqOS does not control and is not responsible for third-party services, and your use of them is governed by their own terms. TurqOS makes no warranty regarding any third-party service and is not liable for it.
11. Fees, Subscriptions, and Taxes
Access to Counselera requires a paid subscription at the fees agreed at purchase. Fees are non-refundable except where required by law or expressly stated in writing. You are responsible for applicable taxes. TurqOS may change fees on prospective notice. [COUNSEL] confirm billing, renewal, and refund terms.
12. Term and Termination
These Terms apply while you access or use Counselera. You may stop using Counselera at any time. TurqOS may suspend or terminate your access if you breach these Terms or to protect Counselera, its users, or third parties. On termination, your license ends; provisions that by their nature should survive (including Sections 2–11, 13, and 14) survive. [COUNSEL] confirm data-export and post-termination terms.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of [COUNSEL: governing state], without regard to its conflict-of-laws rules. [COUNSEL] insert the agreed dispute-resolution mechanism (e.g., venue and exclusive jurisdiction, or binding arbitration and any class-action waiver). The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14. Changes to These Terms
TurqOS may update these Terms from time to time. We will post the updated Terms with a new “Last updated” date and, for material changes, provide reasonable notice. Your continued use of Counselera after an update takes effect constitutes acceptance of the updated Terms.
15. General
These Terms (together with any order form and the Privacy Policy) are the entire agreement between you and TurqOS regarding Counselera and supersede any prior agreement on the subject. If any provision is held unenforceable, the remaining provisions remain in effect. TurqOS’s failure to enforce a provision is not a waiver. You may not assign these Terms without TurqOS’s consent; TurqOS may assign them. Neither party is liable for delays caused by events beyond its reasonable control. Notices to TurqOS may be sent to [COUNSEL: legal contact, e.g., legal@turqos.com].
16. Acknowledgment
By purchasing, logging in to, and using Counselera, you acknowledge that you have read, understood, and agree to these Terms — including that Counselera is supplementary software and not a law firm, lawyer, or legal-advice provider; that Counselera and its AI features can make mistakes; and that you are solely and fully responsible for verifying your work and your actions and for compliance with all applicable laws and professional rules.
Questions about these Terms? Contact legal@turqos.com.