DepoDirect Terms & Conditions

‍

Effective Date: July 1, 2025

This Terms & Conditions agreement (the “Agreement”) governs your use of DepoDirect’s platform, products, and services. Please read it carefully.

1. Acceptance of Terms

By accessing or using any part of the DepoDirect platform, including our website, software applications, AI tools, and services (“Services”), you agree to be bound by this Agreement, whether you are a paying subscriber or a user accessing limited features.

If you do not agree to these terms, do not access or use our Services.

2. Account Registration & Verification

To use the Services, you must register and maintain an active account. You agree to:

  • Provide accurate and current information,

  • Keep your login credentials confidential,

  • Promptly update billing and contact information.

DepoDirect may suspend or terminate your account for failure to comply with these terms.

3. Subscription Options

DepoDirect offers tiered subscription plans with corresponding benefits and pricing.

4. Payment Information Requirement

To enhance platform security and streamline service delivery, all users must add a valid payment method (credit card or ACH) before scheduling.

5. Payment Terms

  • DepoDirect charges for subscriptions and service fees. Subscription fees will be charged automatically on a recurring monthly or annual basis, based on your selected plan, using the preferred payment method on file.

  • Service fees—including but not limited to hourly deposition charges, interpreter services, trial service support, and other ad hoc offerings—will be charged upon completion of each applicable service.

  • Accepted payment methods include Credit Card and ACH. DepoDirect does not accept physical checks. All payments are securely processed through third-party payment providers.

  • By using our Services, you authorize DepoDirect to charge your selected payment method for all applicable fees, including subscriptions, service fees, and any late cancellation charges. Invoices must be paid by the due date indicated. Late payments may be subject to collection fees and interest charges in accordance with Section 16 of the legacy agreement.

  • Failure to maintain a valid payment method or to complete payment may result in account suspension or cancellation of scheduled depositions.

  • All final deposition transcripts include a professionally generated Word Index appended to the end of the document. To cover the production and formatting costs associated with this service, a 10% production fee will be added to the base transcript cost.

6. Plan Changes, Cancellations & Renewals

  • Subscription plans auto-renew monthly or annually based on user selection.

  • You may change plans or cancel any time through your account settings.

  • Cancellations are effective at the end of the current billing period; no refunds are provided for unused time.

DepoDirect reserves the right to revise plan features and pricing. Notice of such changes will be communicated via email or in-app messaging.

7. Booking, Cancellation & Late Fees

  • Depositions must be canceled by 5:00 PM (local time) the business day prior to avoid charges.

  • Users on the Basic plan incur a late cancellation fee for late cancellations after 5pm local time the business day before the deposition.

  • Other subscription tiers offer modified or waived late cancellation fees.

  • Multi-witness bookings require separate notice and fees.

  • For every scheduled deposition, DepoDirect’s assigned reporter or facilitator will join the session 30 minutes prior to the scheduled start time. This time is designated for system checks, connection testing, deposition preparation, and technical assistance for participating attorneys. This pre-session time is considered part of the overall service and will be reflected in total service duration and corresponding fees.

8. Content Ownership & Usage

Any data, files, exhibits, or input you upload remain your property. You grant DepoDirect a license to use this material for service delivery, internal training of AI tools, and quality assurance, consistent with our Privacy Policy.

9. Compliance & Acceptable Use

You agree not to:

  • Use the platform for illegal or unauthorized purposes,

  • Circumvent access controls or disrupt service functionality,

  • Record or redistribute DepoDirect platform sessions without written consent.

Violations may result in account suspension or legal action.

10. Representations & Warranties

You will indemnify, hold harmless, and (at DepoDirect’s request) defend DepoDirect, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “DepoDirect Parties”) from and against all claims resulting from (1) any User misuses of the deposition platform, (2) any User Content submitted by You, (3) your use of the Services, or (4) any breach or alleged breach by you of this Agreement. User represents and warrants that User will not record, record film, take photos, take screenshots, or the like without prior written consent from DepoDirect.

11. Disclaimers and Limitations on Liability

The Services are provided “as is.” We make no warranties, express or implied, regarding accuracy, availability, or fitness for a particular purpose.

DepoDirect is not liable for indirect damages or service interruptions.

EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL DEPODIRECT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE DEPODIRECT PLATFORM, SITES, SERVICES, THE DEPODIRECT CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR APPEARANCE AND/OR INVOLVEMENT IN ANY DEPOSITION AND/OR SIMILAR SERVICE, AND/OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY DEPOSITION OR IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE DEPODIRECT SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE DEPODIRECT CONTENT. DEPODIRECT IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY THIRD PARTY SERVICES SUCH AS TRANSCRIPTION SERVICES AND THE LIKE FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A SERVICE. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND DEPODIRECT CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL DEPODIRECT CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. DEPODIRECT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. DEPODIRECT DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEPODIRECT WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. DEPODIRECT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF DEPODIRECT.

Third parties are solely responsible for their interactions with You and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable, any recipient of an DepoDirect or a third party merchant service) as a result of your (or such recipient’s) interaction with or visit to any deposition service or third party service. Users must resolve all disputes directly with the third party for which the dispute arose. To the maximum extent permitted by applicable law, you hereby release the DepoDirect Parties from any and all such Claims.

12. Dispute Resolution & Arbitration

All disputes will be resolved via binding arbitration in Los Angeles, California in accordance with Section 14 of the legacy agreement. You waive rights to class actions and jury trials.

13. Changes to This Agreement

We may modify this Agreement at any time. Continued use of the Services constitutes acceptance of the updated terms. Significant changes will be communicated via email or in-app notices.

14. Use of Customer Data for AI Model Improvement

DepoDirect uses artificial intelligence and machine learning technologies, including those provided by Google Cloud Platform (GCP), to enhance the quality, accuracy, and functionality of its services, including but not limited to transcript generation, summarization, exhibit handling, and search capabilities.

a. AI-Powered Features

By using DepoDirect’s Services, you understand and agree that certain features are powered by generative AI models, which may analyze your content (such as transcripts, video, audio, annotations, or notes) to:

  • Generate real-time summaries and highlights,

  • Enhance transcription accuracy,

  • Power semantic search and contextual recall,

  • Support quality assurance and content flagging.

These features rely in part on models provided through GCP's Vertex AI and Gemini models suite.

b. Use of Content for Model Training & Improvement

DepoDirect may use your content and data — including deposition recordings, transcripts, annotations, and related metadata — to improve our AI-based features and underlying models.

DepoDirect ensures the following protections:

  • All customer content is processed in accordance with Google’s data privacy and security standards, including the Gemini for Google Cloud data handling practices,

  • Data used for training or fine-tuning is anonymized, aggregated, and stripped of directly identifying information,

  • No data is used to train third-party, non-DepoDirect AI models.

DepoDirect does not allow external AI tools (such as consumer-facing Gemini, Bard, or ChatGPT) to access or store your content unless explicitly authorized by you.

c. Opt-Out

If your organization requires an AI training opt-out for compliance or regulatory reasons, please contact us at notify@depodirect.com. We offer enterprise controls to restrict your content from being used in any AI model refinement pipelines beyond runtime processing.

15. Contact & Notices

For questions or to provide formal notice, email: notify@depodirect.com

Here’s how you should update the DepoDirect Terms & Conditions to include the requested information:

1. Language for Reporter Arrival and Pre-Deposition Time

Suggested T&C Clause:

Deposition Scheduling and Pre-Session Time

For every scheduled deposition, DepoDirect’s assigned court reporter or facilitator will join the session 30 minutes prior to the scheduled start time. This time is designated for system checks, connection testing, deposition preparation, and technical assistance for participating attorneys. This pre-session time is considered part of the overall service and will be reflected in total service duration and corresponding fees.

Section 7: Booking, Cancellation & Late Fees, either as a new paragraph after the existing bullet points, or as a new bullet point if you're keeping a list structure.

🔹 2. Language for 10% Indexing Fee on Final Transcripts

Suggested T&C Clause:

Transcript Production Costs

All final deposition transcripts include a professionally generated Word Index appended to the end of the document. To cover the production and formatting costs associated with this service, a 10% production fee will be added to the base transcript cost.

Recommended Placement:
 Add this language to Section 5: Payment Terms, as a new paragraph following the explanation of service fees (especially after the sentence beginning “Service fees—including but not limited to hourly deposition charges…”).

Let me know if you want these edits applied to the Word document, or if you need a tracked changes version for legal review.