Legal

Service & Confidentiality Agreement

A service of The Diogenes Group, Ltd. Effective upon first use of the myDiscovery platform or account creation.

1. Parties

This Agreement is between The Diogenes Group, Ltd., operating as myDiscovery ("myDiscovery"), and the attorney or law firm accessing the platform ("Client").

2. Scope of Services

myDiscovery provides discovery document processing services, including document ingestion, OCR, organization, and AI-assisted analysis. myDiscovery operates as a third-party litigation support vendor — the same category as established document review and processing vendors attorneys have always used. Access to Client documents is limited to what is necessary to perform these services.

3. Confidentiality

myDiscovery will treat all documents and case information uploaded by Client as confidential. myDiscovery will not disclose, sell, or share Client materials with any third party except as required to perform the contracted services or as required by law. All personnel with access to Client materials are bound by confidentiality obligations consistent with this Agreement.

4. AI Processing Disclosure

Document analysis features are powered by Anthropic's Claude API. Anthropic contractually maintains zero data retention on API requests — Client documents are not stored by Anthropic and are not used to train AI models. This is governed by Anthropic's Data Processing Addendum. myDiscovery treats the AI as an internal processing tool, not a separate data recipient, in the same way a vendor might use proprietary software to process documents.

5. Attorney-Client Privilege

Sharing documents with myDiscovery does not waive attorney-client privilege or work product protection. myDiscovery is a litigation support vendor, and the voluntary disclosure doctrine does not apply to disclosures made in the ordinary course of engaging litigation support services. Client remains solely responsible for determining which documents are appropriate to upload and for obtaining any required client consents.

6. Data Retention and Deletion

myDiscovery retains Client documents only for the duration of the active engagement. Upon written request or termination of the engagement, myDiscovery will delete Client documents from its systems within 30 days. Backup copies are purged on the same schedule.

7. Security

myDiscovery uses encrypted transmission (TLS), encrypted storage, and access controls to protect Client materials. All myDiscovery personnel access Client data exclusively over a VPN. We recommend that Clients do the same — attorneys should access myDiscovery over their firm's VPN when handling client documents. Security practices are reviewed periodically and updated as warranted.

8. Limitation of Liability

myDiscovery's liability for any claim arising under this Agreement is limited to the fees paid by Client in the three months preceding the claim. myDiscovery is not liable for consequential, indirect, or incidental damages. Nothing in this section limits liability for gross negligence or willful misconduct.

9. Governing Law

This Agreement is governed by the laws of the State of Florida. Any disputes will be resolved in the state or federal courts located in Miami-Dade County, Florida.

10. Entire Agreement

This Agreement, along with any engagement letter or order form, constitutes the entire agreement between the parties on this subject and supersedes any prior representations or discussions.

By using myDiscovery, you acknowledge that you have read and agreed to these terms.