Master Terms & Conditions

About This Document

This master document sets out the standing Terms & Conditions for DamageDocket, the cloud-hosted legal case management platform provided by Nicholas Squared, LLC (a Connecticut limited liability company, 147 Main Street, East Berlin, CT 06023) to personal-injury and workers’-compensation law firms.

It is organized into the following parts:

• Part I — Master Subscription Agreement (MSA), including Exhibit A (Service Levels and Support)
• Part II — Acceptable Use Policy (AUP)
• Part III — SMS / Text Messaging Terms & Conditions

How the parts fit together. The MSA (Part I) is the core terms of service, and the AUP (Part II) sets the usage rules incorporated into it. The SMS Terms (Part III) govern the text-messaging program.

Part I — Master Subscription Agreement (MSA)

DamageDocket™ — Legal Case Management Software · Nicholas Squared, LLC

This Master Subscription Agreement (this “Agreement”) sets out the standing terms and conditions on which Nicholas Squared, LLC, a Connecticut limited liability company with its principal place of business at 147 Main Street, East Berlin, CT 06023 (“Company,” “we,” or “us”), makes the DamageDocket service available to the customer that subscribes to or uses it (“Customer,” “you”). By subscribing to, accessing, or using the Service, Customer agrees to this Agreement. Company and Customer are each a “Party” and together the “Parties.” This Agreement takes effect on the earlier of the date Customer first accepts it or first accesses the Service (the “Effective Date”).

1. Definitions

1.1 “Service” means the DamageDocket hosted, cloud-based legal case management software application, together with any related APIs, mobile applications, and documentation, made available by Company on a subscription basis.

1.2 “Subscription” means the plan to which Customer subscribes, specifying the subscription plan, number of Authorized Users, fees, and Subscription Term applicable to Customer’s use of the Service, as recorded in Customer’s account or in a separate order placed by Customer.

1.3 “Authorized User” means an individual (such as an attorney, paralegal, or staff member) whom Customer authorizes to use the Service and for whom Customer has purchased a subscription.

1.4 “Customer Data” means all electronic data, documents, and information—including client records, case files, and protected health information—submitted by or on behalf of Customer to the Service.

1.5 “Documentation” means Company’s then-current user guides and technical documentation for the Service.

1.6 “Protected Health Information” or “PHI” has the meaning given in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”).

2. The Service

2.1 Provision. Subject to this Agreement, Company will make the Service available to Customer and its Authorized Users during the Subscription Term for Customer’s internal business use in the operation of Customer’s legal practice.

2.2 License Grant. Company grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Subscription Term, solely for Customer’s internal business purposes and subject to the usage limits of Customer’s Subscription.

2.3 Documentation. Company grants Customer a limited right to use the Documentation solely in connection with authorized use of the Service.

2.4 Company Responsibilities. Company will (a) provide the Service in accordance with the Service Level commitments in Exhibit A; (b) provide support in accordance with Exhibit A; and (c) maintain administrative, physical, and technical safeguards designed to protect the security and confidentiality of Customer Data as further described in the parties’ Data Processing Addendum and Business Associate Agreement.

3. Restrictions and Customer Obligations

3.1 Restrictions. Customer will not, and will not permit any third party to: (a) license, sublicense, sell, resell, rent, lease, or otherwise commercially exploit the Service to third parties; (b) reverse engineer, decompile, or attempt to derive the source code of the Service; (c) copy, modify, or create derivative works of the Service; (d) access the Service to build a competing product; (e) use the Service in violation of the Acceptable Use Policy; or (f) remove any proprietary notices.

3.2 Customer Responsibilities. Customer is responsible for (a) the accuracy, quality, and legality of Customer Data and the means by which it was acquired; (b) obtaining all necessary consents and authorizations, including from clients, to submit Customer Data (including PHI) to the Service; (c) maintaining the confidentiality of account credentials; and (d) all activities that occur under Customer’s accounts.

3.3 Professional Responsibility. Customer acknowledges that Customer, and not Company, is solely responsible for compliance with the rules of professional conduct governing attorneys, including the Connecticut Rules of Professional Conduct, and for the legal services Customer provides to its clients. The Service is a tool and does not provide legal advice.

3.4 SMS / Text Messaging — Customer Responsibilities. The Service includes functionality that allows Customer (a law firm or attorney) to send SMS/MMS text messages to Customer’s own clients and contacts. Customer is solely responsible for obtaining and documenting prior express consent from each recipient before sending any message, in compliance with the Telephone Consumer Protection Act (TCPA), CTIA messaging principles, applicable A2P 10DLC requirements, and all other applicable laws and carrier rules. Customer will: (a) send only case-related, transactional, and conversational messages to its own existing clients who have opted in; (b) not send marketing, promotional, or third-party content through the Service’s messaging feature; (c) honor all opt-out (STOP) and help (HELP) requests and not message any recipient who has opted out; (d) maintain records of consent and make them available to Company, a carrier, or a regulator on request; and (e) not use the messaging feature for any unlawful, misleading, harassing, or abusive purpose. Customer represents that its use of the messaging feature complies with all applicable laws. Customer will indemnify and hold harmless Company from any claim, fine, or penalty arising from Customer’s messages or its failure to obtain proper consent. Company may suspend or disable messaging for any Customer that violates this section or that generates carrier violations or excessive spam complaints.

4. Fees and Payment

4.1 Fees. Customer will pay the fees applicable to Customer’s Subscription. Except as expressly stated, fees are non-cancelable and non-refundable.

4.2 Invoicing and Payment. Unless otherwise stated for Customer’s Subscription, Company will invoice Customer in advance, and payment is due within 30 days of the invoice date. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

4.3 Suspension. Company may suspend the Service upon 10 days’ notice for undisputed past-due amounts, without limiting Company’s other remedies.

5. Term and Termination

5.1 Term. This Agreement begins on the Effective Date and continues until all Subscription Terms have expired or been terminated. Each Subscription Term is the period stated for Customer’s Subscription and, unless otherwise stated, renews automatically for successive periods equal to the initial term unless either Party gives written notice of non-renewal at least 30 days before the end of the then-current term.

5.2 Termination for Cause. Either Party may terminate this Agreement if the other Party materially breaches and fails to cure within 30 days of written notice.

5.3 Effect of Termination. Upon termination, Customer’s right to access the Service ceases. Customer may export Customer Data as described in Section 6.

5.4 Survival. Sections 1, 4, 6, 7, 8, 9, 10, and 11 survive termination.

6. Customer Data; Return and Deletion

6.1 Ownership. As between the Parties, Customer owns and retains all right, title, and interest in Customer Data. Customer grants Company a limited license to host, process, and transmit Customer Data solely to provide and support the Service.

6.2 Export. During the Subscription Term and for 30 days after termination, Company will make Customer Data available for export in a commercially reasonable format.

6.3 Deletion. After the export period, Company will delete Customer Data in accordance with the Data Processing Addendum and Business Associate Agreement, except as required by law.

6.4 Data Protection Agreements. The parties’ processing of personal data and PHI is governed by the Data Processing Addendum (DPA) and, where Customer submits PHI, the Business Associate Agreement (BAA), each executed separately and incorporated by reference. In the event of a conflict, the BAA controls with respect to PHI.

7. Confidentiality

7.1 “Confidential Information” means non-public information disclosed by one Party to the other that is designated confidential or should reasonably be understood to be confidential. Customer Data is Customer’s Confidential Information. The Service, pricing, and non-public features are Company’s Confidential Information.

7.2 Obligations. The receiving Party will (a) use the same degree of care it uses to protect its own confidential information (no less than reasonable care), (b) not disclose Confidential Information except to personnel and advisors who need to know and are bound by confidentiality obligations, and (c) use Confidential Information only to perform under this Agreement.

7.3 Exclusions and Compelled Disclosure apply on customary terms, including notice, where legally permitted, of any compelled disclosure.

8. Warranties and Disclaimers

8.1 Mutual. Each Party represents that it has the authority to enter into this Agreement.

8.2 Service Warranty. Company warrants that during the Subscription Term the Service will perform materially in accordance with the Documentation. Customer’s exclusive remedy for breach of this warranty is, at Company’s option, repair of the Service or termination and a pro-rata refund of prepaid fees for the affected period.

8.3 DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED “AS IS.” COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Indemnification

9.1 By Company. Company will defend Customer against any third-party claim alleging that the Service, as provided by Company and used in accordance with this Agreement, infringes a U.S. patent, copyright, or trademark, and will indemnify Customer for resulting damages finally awarded or agreed in settlement. Company has no obligation for claims arising from Customer Data or Customer’s combination of the Service with non-Company products.

9.2 By Customer. Customer will defend Company against any third-party claim arising from (a) Customer Data, (b) Customer’s use of the Service in violation of this Agreement or applicable law, or (c) Customer’s breach of its obligations to its clients, and will indemnify Company for resulting damages.

9.3 Procedure. The indemnified Party will provide prompt notice, reasonable cooperation, and control of the defense to the indemnifying Party.

10. Limitation of Liability

10.1 Exclusion. EXCEPT FOR THE EXCLUDED CLAIMS BELOW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE, WHETHER OR NOT FORESEEABLE.

10.2 Cap. EXCEPT FOR THE EXCLUDED CLAIMS BELOW, EACH PARTY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

10.3 Excluded Claims. The limitations in 10.1 and 10.2 do not apply to (a) Customer’s payment obligations, (b) a Party’s indemnification obligations, (c) breach of confidentiality, (d) a Party’s gross negligence or willful misconduct, or (e) Company’s breach of the BAA resulting in liability for a breach of unsecured PHI, which shall be subject to a separate cap of the amount of applicable insurance.

11. General

11.1 Governing Law. This Agreement is governed by the laws of the State of Connecticut, without regard to conflict-of-laws principles.

11.2 Venue. The Parties consent to the exclusive jurisdiction of the state and federal courts located in Hartford County, Connecticut.

11.3 Assignment. Neither Party may assign this Agreement without the other’s consent, except to a successor in a merger or sale of substantially all assets, on notice.

11.4 Notices. Notices must be in writing and sent to Company at the address above and to Customer at the contact information associated with Customer’s account.

11.5 Force Majeure. Neither Party is liable for delays caused by events beyond its reasonable control.

11.6 Entire Agreement. This Agreement, together with Customer’s Subscription (and any separate order placed by Customer), the DPA, the BAA, and the Acceptable Use Policy, is the entire agreement and supersedes all prior agreements. In the event of a conflict, the order of precedence is: (1) the BAA (as to PHI), (2) the DPA (as to other personal data), (3) Customer’s Subscription or separate order, (4) this Agreement, (5) the Documentation.

11.7 No Waiver; Severability; Counterparts. Standard terms apply.

Exhibit A — Service Levels and Support

Uptime Commitment. Company will use commercially reasonable efforts to make the Service available 98% of the time each calendar month, excluding scheduled maintenance and force majeure.

Service Credits. If uptime falls below the commitment, Customer’s exclusive remedy is a service credit calculated by downtime compared to promised uptime in a monthly interval.

Support. Company provides support via email and phone. Target response times:

• Critical (webapp completely not functional) — 4 business hours;
• High (urgent reporting or partial functionality failures) — 1 business day;
• Normal (feature changes and short tutorials) — 2 business days.

Maintenance. Company will provide reasonable advance notice of scheduled maintenance and will use reasonable efforts to schedule it during off-peak hours.

Part II — Acceptable Use Policy (AUP)

DamageDocket™ — Nicholas Squared, LLC

1. Scope

This Acceptable Use Policy governs use of the DamageDocket service (the “Service”) by customers and their Authorized Users. Violation may result in suspension or termination under the Master Subscription Agreement.

2. Prohibited Uses

Users may not:

• Use the Service in violation of any law, regulation, or the rules of professional conduct;
• Upload or transmit malware, or attempt to gain unauthorized access to the Service, other accounts, or Company systems;
• Interfere with or disrupt the integrity or performance of the Service (e.g., denial-of-service, excessive automated requests);
• Reverse engineer, decompile, or attempt to derive source code, or circumvent usage or security controls;
• Use the Service to store or transmit infringing, defamatory, or unlawful content, or content the user has no right to submit;
• Share account credentials or allow use by unauthorized individuals;
• Resell, sublicense, or provide the Service to third parties except as expressly permitted;
• Submit data in violation of any consent, authorization, or privacy obligation the user owes to a client or third party.

3. Security Responsibilities

Users are responsible for safeguarding credentials, enabling available security features (such as MFA), and promptly notifying Company of any suspected unauthorized access at support@damagedocket.com.

4. Enforcement

Company may investigate suspected violations and may suspend or restrict access to protect the Service or other customers. Company will use reasonable efforts to notify the customer, except where prohibited or where immediate action is required.

5. Changes

Company may update this AUP and will post the revised version with a new date. Continued use constitutes acceptance.

Part III — SMS / Text Messaging Terms & Conditions

Effective date: September 1, 2026

These SMS Terms & Conditions (“SMS Terms”) govern the text messaging program (the “Program”) offered by Nicholas Squared, LLC, a Connecticut limited liability company doing business as DamageDocket — the operator of the platform and the sender of record for the Program. By opting in, you agree to these SMS Terms. If you do not agree, do not opt in and do not send us text messages.

These SMS Terms cover both messages we send directly and messages sent by law firms and attorneys (“Firms”) who use our platform to communicate with their own clients.

1. Program Description

When you opt in to the Program, you may receive recurring text messages (SMS/MMS) related to your account, case, or matter — including appointment and deadline reminders, case status updates, requests for information or documents, account and security notifications, and replies to messages you send us.

2. Consent to Receive Messages

By providing your mobile phone number and opting in, you consent to receiving automated and non-automated text messages at that number from us or from the Firm managing your matter. Consent is not a condition of purchase or of receiving legal services. You represent that you are the account holder or authorized user of the mobile number you provide.

3. Message Frequency

Message frequency varies based on your account activity and case-related events. You may receive messages as needed to service your account or matter.

4. Message and Data Rates

Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. Contact your wireless carrier for details about your plan.

5. Opt-Out Instructions

You can cancel at any time by texting STOP to the number that messaged you. After you send STOP, we will send a one-time confirmation message and will not send you any further messages unless you opt in again. You may also receive an opt-out confirmation if you reply with other recognized unsubscribe keywords such as END, QUIT, CANCEL, or UNSUBSCRIBE.

6. Help

For help, text HELP to the number that messaged you, or contact us at support@damagedocket.com. Texting HELP returns our contact information and support instructions.

7. Supported Carriers and Delivery

Wireless carriers supported by the Program may change and are not liable for delayed or undelivered messages. Delivery of messages is subject to effective transmission by your wireless carrier and is not guaranteed.

8. Privacy

Your information is handled in accordance with our SMS Privacy Policy.

No mobile information, including phone numbers and SMS consent, is sold, rented, or shared with third parties, affiliates, or lead generators for marketing or promotional purposes.

9. Your Responsibilities

• Notify us if you change or deactivate the mobile number enrolled in the Program;
• Only enroll a number you own or are authorized to use; and
• Do not use the Program for unlawful, abusive, or harassing purposes.

10. Disclaimers and Limitation of Liability

The Program is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Nicholas Squared, LLC disclaims all warranties regarding the Program and is not liable for any damages arising from your participation in or inability to use the Program, including delayed or undelivered messages, to the extent permitted by applicable law.

11. Not Legal Advice

Text messages sent through the Program are for administrative and case-management communication. They do not constitute legal advice and do not create an attorney-client relationship except as separately established in writing between you and a Firm.

12. Changes to These SMS Terms

We may modify these SMS Terms at any time. Changes are effective when posted at the URL where these Terms are published. Your continued participation in the Program after changes are posted constitutes acceptance of the revised Terms.

13. Governing Law

These SMS Terms are governed by the laws of Connecticut, without regard to its conflict-of-laws rules.

14. Contact Us

Nicholas Squared, LLC d/b/a DamageDocket · 147 Main Street, East Berlin, CT 06023
Email: support@damagedocket.com
Web: www.damagedocket.com