Beta Participation Agreement
Effective September 15, 2026 · Version v0.18
Version v0.18 · Effective September 15, 2026 · Published September 15, 2026
Effective September 15, 2026 · Version v0.18
Version v0.18 · Effective September 15, 2026 · Published September 15, 2026
Terms for the law firms and professionals taking part in the Octicase Beta, before general release
This Beta Participation Agreement (this "Beta Agreement") is between OCTICASE, INC., a corporation organized under the laws of the State of Delaware ("Provider" or "Octicase"), and the law firm or professional that accepts it ("Participant"). It takes effect when the Participant accepts it and ends as Section 6 provides.
It says only what is particular to the Beta. Everything else is governed by the agreement the Participant already holds with Provider, which for a law firm or other business customer is the Terms of Service and for an expert, vendor or listed professional is the Expert and Vendor Portal Terms, together with the documents each of those incorporates. This Beta Agreement does not restate those documents, and where it is silent they govern.
Nothing in it reduces any obligation Provider owes under the Business Associate Agreement, the Data Processing Addendum, the Acceptable Use Policy, or the law, and nothing in it reduces any protection those give the Participant. Section 8.2 states the same rule as a rule of construction.
The Beta is a period during which Provider makes the platform available to a limited number of Participants before general release, in order to find defects and to learn how the platform is used in practice. It runs on the same systems as the released product, so what a Participant does during the Beta carries over to general release without migration.
Section 2.4 of the Terms of Service provides that Beta features are offered as-is, without warranty, and may be modified or discontinued at any time. That applies to the platform as a whole for the duration of the Beta. It is a disclaimer of warranty and of service commitments, and it is not a reduction of any security, confidentiality or breach-notification obligation Provider owes.
Features may fail, behave unpredictably, or change without notice. Data entered during the Beta may be lost, duplicated or displayed incorrectly. A Participant should not rely on the platform as the only record of anything and should keep its own copy of anything it would not want to lose.
Before a Participant accepts this Beta Agreement, Provider gives it a written list of the defects then known to Provider that could affect the confidentiality, integrity or availability of Participant data, and adds to that list, within seventy-two hours of learning of it, any further such defect found during the Beta. Provider keeps each version of that list. Provider may not remove this Section by a change made under Section 9.2.
Provider accepts as a Participant only a law firm or professional whose practice or business is located in the State of California, and the Beta is for matters in that State. Where a Participant learns that information of a resident of another state has been placed on the platform during the Beta, it tells Provider.
The function by which a person sends their own medical information to somebody they choose, whether by link or by direct transmission to a firm, is not enabled during the Beta, and the Authorization to Share Your Medical Information is not presented to anyone. Where a document of Provider describes that function to a consumer, Provider tells that consumer on the portal that it is not available yet, in the words of notice 6H of the On-Screen Notices, rather than relying on this Section against them.
Provider does not sell information about any person during the Beta, and does not sell afterwards anything collected during it except on a signed authorization that names the buyer, as the Privacy Policy and the Authorization to Sell Your Health Information require. This Section survives the end of the Beta.
Provider has not enabled the functions through which a Platform Engagement is bought, so none can be formed during the Beta until it does, as Section 3.7 of the Expert and Consultant Services Agreement, Section 1.6 of the Default Engagement Terms and Section 4.8 of the Partner Agreement provide. Where Provider enables them, an Engagement and the Platform Fee on it are governed by those agreements and not by this Beta Agreement, which does not vary them.
The artificial-intelligence voice agent, which Section 5.5 of the Terms of Service charges as an add-on, is not enabled during the Beta. Provider enables it for a Participant that has bought it only once the conditions the Subprocessor List records for that feature are met, including the voice vendor's written confirmation of its speech and voice subcontractors and of the Business Associate Agreements it holds with each, and the operation of the consent screen the Subprocessor List requires for information governed by the Confidentiality of Medical Information Act. Provider tells the Participant when it is enabled.
The Service Level Commitments do not apply during the Beta, and Provider makes no availability commitment and offers no service credit. This does not affect the technical and organizational measures of the Data Processing Addendum, which are not service levels and which Section 8.2 preserves.
A Participant that is a law firm, or a health care provider, places real client and patient records on the platform during the Beta. Nothing about the Beta changes what those records are or what the law requires of either party in respect of them. Section 3.2 applies to a Participant that places such records. Nothing about the Beta changes what those records are or what the law requires of either party in respect of them.
The Participant instructs Provider to process those records on a pre-release platform for the purpose stated in Section 1.1, and represents that it holds the consents, authorizations and permissions its own law and professional obligations require for doing so. Where a Business Associate Agreement applies to the Participant, that instruction is given under Section 2 of it. Provider does not obtain those permissions and does not verify that they exist.
Notification runs on the single seventy-two hour deadline the Business Associate Agreement and the Data Processing Addendum already fix, and this Beta Agreement neither shortens it, lengthens it, nor adds a second one. Provider preserves the evidence of an incident, does not notify a Participant's own clients on its own initiative, and cooperates with the Participant's notifications.
Provider does not use a Participant's records, or those of its clients or patients, to train or improve any artificial-intelligence model during the Beta. Whether Provider may create and use de-identified information from them is governed by the Business Associate Agreement and the Terms of Service, which this Section does not vary.
Before a Beta account is opened for a client of a Participant law firm, that client is told on the portal that the platform is in Beta and what that means for them, in the words of notice 6G of the On-Screen Notices. A Participant that is a health care provider gives its own patients that same notice before it places their records on the platform, and Provider supplies the words.
Customer Data is hosted in the United States. Where the data sits, and who reaches it and from where, are governed by Section 5 of the Data Processing Addendum, which this Beta Agreement does not vary. Counsel confirmed on September 9, 2026 that a Participant may be a health care provider during the Beta. That confirmation rests on Provider taking no commercial interest in a Participant's lien-based compensation: where a Participant is compensated by a lien against a client's recovery, as Section D.3 of the Expert and Vendor Portal Terms and Notice 6 of the On-Screen Notices describe, Provider does not guarantee that the Participant will be paid, does not hold funds for the Participant, does not enforce a Participant's lien and is not a party to it, and takes no percentage of it. On that basis, Cal. Civ. Code Section 56.101(c) does not require Provider to segregate the medical information in a Participant's lien-based work or to limit its access from outside California. Where a Participant instead performs a Platform Engagement as an Expert, the Platform Fee under Section 5.3 of the Expert and Consultant Services Agreement applies as it does to any other Expert.
Provider makes no subscription charge for taking part in the Beta, no payment method is required to join, and no subscription begins. The Platform Fee on a Platform Engagement is charged as the agreements that govern it provide. Where a Participant buys an add-on during the Beta, the price is the one the Services show for it at the time of purchase and the Participant accepts that price separately; Section 5.5 of the Terms of Service governs the add-on in every other respect, no Subscription Confirmation is created, and no subscription begins. Nothing is charged for a listing, for a position in the directory, or for being contacted through it.
Any price the Services display during the Beta is the price Provider expects to charge at general release. It is shown so that a Participant can plan, it is not an offer, and it may change before general release. Nothing begins automatically when the Beta ends: Provider charges a Participant for a subscription only where that Participant accepts a subscription separately, after the Beta. Where Provider ends the Beta on a date it has set in advance, Provider notifies each Participant of that date, of the price it then expects to charge and of the fact that no charge follows without that separate acceptance, not less than three (3) and not more than twenty-one (21) days beforehand; that is the window Cal. Bus. & Prof. Code Section 17602(b)(1) sets where a free period lasts longer than thirty-one days, and Provider applies it although a Beta Participant is a business customer to whom that statute does not apply. Where Provider instead ends the Beta or a Participant's access under Section 6.1 without setting a date in advance, no charge follows and no notice under this paragraph is due. The wording of that notice is Notice 6I of the On-Screen Notices. This paragraph survives the end of the Beta.
The Beta is not a confidential program. A Participant may say that it takes part, describe its experience, and publish screenshots or demonstrations, provided that nothing it publishes contains Protected Health Information, medical information, client or patient identifiers, or matter detail. Nothing in this Beta Agreement, or in any other agreement between the parties, prevents a Participant from reporting a defect to anyone affected by it, to another Participant, or to a regulator, or from reporting a suspected violation of law.
If a Participant tells Provider what it thinks of the platform, suggests a change or reports a defect, Provider may use that feedback without restriction and without owing anything for it. Feedback means the Participant's comments about the platform, not its data or its clients' information, and where a defect report contains Protected Health Information that information remains subject to the Business Associate Agreement.
A Participant may leave the Beta at any time by any means that reaches Provider, and owes nothing for leaving beyond what it already owes for a Platform Engagement. Provider may end the Beta, or a Participant's access to it, at any time. The Beta may be suspended or changed without the advance notice of material changes that Section 2.3 of the Terms of Service provides.
A Participant may export its data through the platform during the Beta and for thirty days after it ends, and Provider gives it a copy on request at no charge whether or not the export function is working, including where the Participant needs it to answer a request from its own client or patient. Retention and deletion are governed by the Data Retention and Deletion Policy and, for Protected Health Information, by the Business Associate Agreement. Where a Participant holds no subscription, Provider retains that Participant's Customer Data for as long as its Beta access lasts, plus the thirty (30) day export window this Section gives, and deletes it from active systems within sixty (60) days after its Beta access ends; the Data Retention and Deletion Policy governs it in every other respect.
Sections 2.3, 3.2, 3.3, 3.4, the second paragraph of Section 4, 5, 6.2, 7, 8 and 9 survive the end of the Beta.
Nothing in this Beta Agreement reduces, replaces or displaces any limit, exclusion or floor stated in the agreement that governs the Participant's relationship with Provider, and those provisions apply to a claim arising out of the Beta as they apply to any other claim. This Beta Agreement states no separate limit of its own.
No limit or exclusion in any agreement between the parties applies, or can be made to apply, to Provider's fraud, to its gross negligence or willful misconduct, or to a violation of law whether willful or negligent, because California Civil Code Section 1668 makes against the policy of the law a contract whose object is to exempt anyone from responsibility for its own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent, and because California does not enforce an agreement releasing liability for future gross negligence (City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747). California Civil Code Sections 1798.84 and 1798.192 provide separately that a waiver of a right under the statutes they govern is void, and nothing here purports to waive one.
Where this Beta Agreement conflicts with the Terms of Service, the Expert and Vendor Portal Terms or an applicable Schedule, this Beta Agreement controls for the duration of the Beta, except as Section 8.2 provides. Where it conflicts with the Business Associate Agreement or the Data Processing Addendum, those control.
This Beta Agreement is read as adding to the other agreements and never as subtracting from them. Where a reading of it would reduce an obligation Provider owes, or a protection or remedy the Participant has, under any of those agreements or under the law, that reading is not available and the other agreement governs. Section 8.1 does not operate against this Section.
This Beta Agreement is governed by the law that governs the Participant's underlying agreement, and a dispute about it is resolved as that agreement provides, except that California law governs any question arising under the Confidentiality of Medical Information Act, under California Civil Code Sections 1668, 1798.81.5, 1798.82, 1798.84, 1798.150 or 1798.192, or under any other California statute that applies to the records the Beta processes.
Provider may change this Beta Agreement by publishing a new version and telling the Participant, and a Participant who does not accept the change may leave the Beta under Section 6.1. Provider may not use this Section to remove or narrow Section 1.4, Section 3.3, Section 5 or Section 8.2.