Terms of Service

Last Updated: 1 April 2026

1. Introduction

1.1 These Terms of Service ("Terms") govern your access to and use of the CommonBench platform, including any websites, applications, APIs, and related services (collectively, the "Service") operated by CommonBench ("CommonBench," "we," "us," or "our").

1.2 By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1.3 We may amend these Terms at any time by posting the revised version on our website. Your continued use of the Service after any such amendment constitutes your acceptance of the revised Terms. Material changes will be notified to you by email or through the Service at least 14 days before they take effect.

2. Description of the Service

2.1 CommonBench provides AI-powered legal research, case analysis, and document drafting tools for informational and reference purposes only.

2.2 The Service does not constitute legal advice. No solicitor-client, attorney-client, barrister-client, or any other professional-client relationship is created through your use of the Service. CommonBench is not a law firm, does not provide legal representation, and is not licensed to practise law in any jurisdiction.

2.3 All documents, analysis, and outputs generated by the Service ("Work Product") should be treated as a research tool and reference — not as a substitute for qualified legal counsel. You should consult with a licensed attorney, solicitor, or barrister in the relevant jurisdiction before making legal decisions or filing documents with any court or tribunal.

2.4 Past case outcomes referenced in our analysis do not guarantee similar results. The law changes, and AI-generated analysis may contain errors, omissions, or outdated information.

3. Eligibility and Registration

3.1 You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Service.

3.2 If you register for an account, you must provide accurate and complete information and keep your account credentials secure. You are responsible for all activity under your account.

3.3 If you use the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

4. Permitted Use

4.1 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your own lawful purposes.

4.2 You agree not to:

(a) use the Service for any unlawful purpose or in violation of any applicable law or regulation;

(b) use the Service to generate documents or analysis intended to mislead any court, tribunal, regulatory body, or opposing party;

(c) represent Work Product as the work of a licensed legal professional when it is not;

(d) file any Work Product with any court or tribunal without independent review by a qualified legal professional;

(e) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;

(f) use the Service to develop a competing product or service;

(g) share your account credentials with any third party or allow multiple users to access a single-user account;

(h) use automated means (bots, scrapers, or similar) to access the Service except through our published API;

(i) upload, transmit, or process through the Service any content that is defamatory, obscene, threatening, or that infringes the intellectual property rights of any third party; or

(j) attempt to circumvent any rate limits, security measures, or access controls.

5. Intellectual Property

5.1 Our IP. The Service, including its software, algorithms, design, branding, and documentation, is owned by CommonBench and protected by intellectual property laws. Nothing in these Terms transfers any ownership rights to you.

5.2 Your content. You retain ownership of any documents, data, or materials you upload to the Service ("Your Content"). By uploading Your Content, you grant us a limited licence to process it solely for the purpose of providing the Service to you. We will not use Your Content for any other purpose except as set out in our Privacy Policy.

5.3 Work Product. Subject to any third-party intellectual property rights in source materials, you may use Work Product generated by the Service for your own lawful purposes. We do not claim ownership of Work Product. However, we do not guarantee that Work Product is free from third-party intellectual property claims, and you use it at your own risk.

6. Fees and Payment

6.1 Certain features of the Service require payment. Fees are as published on our website at the time of purchase or as set out in your subscription agreement.

6.2 All fees are quoted exclusive of applicable taxes (including VAT, GST, sales tax, or equivalent) unless stated otherwise. You are responsible for all applicable taxes.

6.3 Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). You authorise us to charge your designated payment method for recurring fees until you cancel.

6.4 We may change our fees at any time. Fee changes for existing subscriptions will take effect at the start of the next billing cycle following at least 30 days' notice.

6.5 We use third-party payment processors. Your payment information is subject to the payment processor's terms and privacy policy.

7. Refunds

7.1 Refunds are governed by our Refund Policy, which forms part of these Terms.

8. Disclaimers

8.1 NO LEGAL ADVICE. THE SERVICE IS PROVIDED FOR INFORMATIONAL AND REFERENCE PURPOSES ONLY. WORK PRODUCT DOES NOT CONSTITUTE LEGAL ADVICE, AND NO PROFESSIONAL-CLIENT RELATIONSHIP IS CREATED. YOU MUST NOT RELY ON WORK PRODUCT AS A SUBSTITUTE FOR QUALIFIED LEGAL COUNSEL.

8.2 NO WARRANTY OF ACCURACY. AI-generated content may contain errors, hallucinations, outdated information, or misstatements of law. We do not warrant that any Work Product is accurate, complete, current, or applicable to your jurisdiction or circumstances. You are solely responsible for verifying the accuracy of any Work Product before relying on it.

8.3 NO WARRANTY OF OUTCOME. We make no representation that the use of the Service or any Work Product will result in any particular legal outcome. Past case outcomes referenced in our analysis do not predict future results.

8.4 "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

8.5 AVAILABILITY. We do not warrant that the Service will be uninterrupted, error-free, or secure. We may modify, suspend, or discontinue the Service (or any part of it) at any time without liability to you, except as required by applicable law.

9. Limitation of Liability

9.1 Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMONBENCH'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO COMMONBENCH IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) US$100.

9.2 Exclusion of consequential loss. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMONBENCH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LEGAL COSTS, OR LITIGATION OUTCOMES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF COMMONBENCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Specific exclusions. Without limiting the foregoing, CommonBench shall not be liable for:

(a) any adverse legal outcome, court order, judgment, penalty, or sanction arising from or connected with your use of the Service or any Work Product;

(b) any errors, omissions, or inaccuracies in any Work Product, including misstatements of law, incorrect case citations, or hallucinated content;

(c) any reliance you place on the Service or any Work Product without independent verification by a qualified legal professional;

(d) any decision you make, or action you take or fail to take, on the basis of Work Product; or

(e) any loss arising from your failure to comply with these Terms, including the requirement to obtain independent legal advice.

9.4 Jurisdictional carve-outs. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by applicable law, including:

(a) in Australia, liability under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) to the extent that such liability cannot be excluded;

(b) in the United Kingdom, liability for death or personal injury caused by negligence, or liability under the Consumer Rights Act 2015 to the extent that such liability cannot be excluded;

(c) in Hong Kong, liability that cannot be excluded under the Control of Exemption Clauses Ordinance (Cap 71) or the Supply of Services (Implied Terms) Ordinance (Cap 457);

(d) in Singapore, liability that cannot be excluded under the Unfair Contract Terms Act (Cap 396); and

(e) in the United States, liability that cannot be excluded under applicable state consumer protection laws.

9.5 Essential purpose. If any limitation or exclusion of liability in this section is found to be unenforceable, the remaining limitations and exclusions shall continue to apply to the fullest extent permitted by applicable law.

10. Indemnification

10.1 You agree to indemnify, defend, and hold harmless CommonBench, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

(a) your use of the Service or any Work Product;

(b) your violation of these Terms;

(c) your violation of any applicable law or the rights of any third party;

(d) any document you file with any court, tribunal, or regulatory body that incorporates or is based on Work Product; or

(e) any claim by a third party arising from your use of the Service.

10.2 In jurisdictions where consumer indemnification clauses are restricted (including Australia under the Australian Consumer Law), this clause applies only to the extent permitted by law.

11. Suspension and Termination

11.1 By you. You may cancel your account and stop using the Service at any time.

11.2 By us. We may suspend or terminate your access to the Service immediately if:

(a) you breach any material provision of these Terms;

(b) we are required to do so by law, regulation, or court order;

(c) your use of the Service poses a security risk or may cause harm to other users; or

(d) your account has been inactive for 12 consecutive months.

11.3 Effect of termination. Upon termination: (a) your right to access the Service ceases immediately; (b) we may delete your account data after 30 days; and (c) any provisions of these Terms that by their nature should survive (including Sections 5, 8, 9, 10, 12, and 13) will continue in effect.

12. Governing Law and Dispute Resolution

12.1 Governing law. These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws principles.

12.2 Jurisdiction. Subject to Section 12.3, the courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

12.3 Arbitration option. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, may at the election of either party be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre ("HKIAC") under the HKIAC Administered Arbitration Rules in force at the time of commencement of the arbitration. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The language of the arbitration shall be English.

12.4 US users — Class action waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

12.5 Nothing in this section prevents either party from seeking interim or injunctive relief from any court of competent jurisdiction.

13. General Provisions

13.1 Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and CommonBench relating to the Service.

13.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver. No waiver of any provision of these Terms shall be effective unless in writing and signed by CommonBench.

13.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

13.5 Force majeure. We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, power failures, internet disruptions, or third-party service failures.

13.6 Notices. We may provide notices to you by email to the address associated with your account, or by posting on the Service. You may provide notices to us at cases@commonbench.ai.

13.7 No third-party rights. Except as expressly stated, nothing in these Terms confers any rights on any third party (whether under the Contracts (Rights of Third Parties) Ordinance (Cap 623) in Hong Kong, the Contracts (Rights of Third Parties) Act 1999 in the United Kingdom, or equivalent legislation in any other jurisdiction).

14. Contact

For questions about these Terms, contact us at:

CommonBench N/A cases@commonbench.ai