Terms of Service

Effective November 4, 2026

1. The agreement

These terms are an agreement between Esketit LLC, an Illinois limited liability company doing business as Kolophi ("Kolophi", "we", "us"), and the firm or organization that subscribes to Kolophi (the "customer", "you").

You accept these terms when you start a trial or subscription, or when you use Kolophi. The person who accepts them for a firm confirms they're authorized to bind it. Kolophi is for businesses, and isn't offered to consumers.

Our Privacy Policy and our Data Processing Agreement are part of these terms.

2. The service

We host a copy of Kolophi for you, at an address under kolophi.ai, on a server of your own in Google Cloud in the United States. Kolophi:

• connects with read-only access to systems you choose, such as Microsoft 365, iManage or Google Drive, and never changes or deletes anything in them;
• copies records into your archive and proposes how each should be filed, described and kept under your retention schedule;
• sends record text to Claude, an AI model, through Google Cloud's Vertex AI, except for clients you mark "no AI";
• lets your people review those proposals, place legal holds, and approve and certify destruction of records in your archive, with a list of the originals for your own administrator to delete in your systems.

We may improve or change Kolophi over time. We won't remove a core function described above during a paid period without telling you at least 30 days ahead; if a change materially reduces what you paid for, you may cancel and we'll refund the unused part of that period.

3. The free trial

Each plan starts with a 30-day free trial. Nothing is charged during the trial. It includes AI processing for about 800 documents; after that, new documents wait for the model until your first payment. If you cancel during the trial, you owe nothing, and your archive is destroyed and certified when the trial ends, as section 6 describes.

4. Accounts and administrators

The person who signs up becomes your firm's first Kolophi administrator. Your administrators decide who may sign in, what role each person has, which ethical walls apply, and which AI apps people may connect.

You're responsible for what happens under your users' accounts, for removing people who leave, and for keeping your Microsoft sign-in secure. Tell us at contact@kolophi.ai if you think an account has been misused.

5. Plans, fees and billing

• Choosing a plan. Choose the plan for your firm's number of lawyers. If your firm grows past it, we'll ask you to move to the right plan from your next monthly period.
• Documents included. The monthly fee covers the agents reading new documents up to your plan's documents a month, each document counted once, plus research questions, legal holds and disposals, which don't count against it. Past the allowance, new documents wait until the next month. Clearing records you already hold is quoted separately, at $0.40 a document, from a count of the areas you approve. We charge for that work, or for documents beyond your allowance, only with your written agreement to the count and the price.
• Paying. Fees are charged monthly in advance, from the end of the trial, plus any applicable sales tax. You pay by card or US bank debit, or, on the two largest plans, by invoice due within 30 days, by bank transfer, ACH or card. Stripe processes payments and invoices for us.
• Renewal. Your subscription renews each month until you cancel.
• Price changes. We'll email your administrators at least 30 days before a price change, and it applies from your next monthly period after that. You can cancel before it takes effect.
• Late payment. If a payment fails or an invoice isn't paid when due, Stripe retries or reminds you and we'll email you. If it still can't be collected, we stop your server and tell you; nothing is deleted. If it's still unpaid 30 days later, we destroy your install and certify it, as section 6 describes.
• Refunds. Fees aren't refunded for part of a month, except where these terms say otherwise.

6. Cancellation and what happens to your archive

You can cancel at any time from the billing link in your welcome email and receipts, or by asking us in writing at contact@kolophi.ai. Cancelling online ends your subscription at the end of your trial or of the month you've paid for. If you'd rather it ended at once, ask us in writing.

We may end these terms if you materially breach them and don't fix the breach within 30 days of our notice, or at once if you use Kolophi unlawfully or in a way that threatens its security.

When you leave, we keep nothing. Before your subscription ends, export anything you want to keep, such as finding aids and matters' files. Afterwards there's no copy left to give you. When it ends:

1. We destroy your install at once: its server, its disks, every backup snapshot, its stored secrets and accounts, its Microsoft app registration and its address.
2. We ask each provider again and record that every item is gone. Until each one is confirmed gone, we keep working on it and issue nothing.
3. We email your administrator a certificate of destruction. It lists each item with when it was deleted and when its absence was confirmed, and says plainly what it doesn't cover.
4. The certificate is signed with Kolophi's key. Anyone can check it against the public key at kolophi.ai/.well-known/kolophi-certificates.pub, so it can't be altered without that showing.

Only your own decision to leave destroys your install without a waiting period. If your subscription ends because a payment failed, we suspend it first, as section 5 says. We keep a record of what we destroyed, and the certificate, permanently; neither contains anything from your records.

7. Your data

You own your records and everything Kolophi produces from them, such as descriptions, classifications, finding aids, certificates and the audit log ("your data").

You give us permission to store, copy, process and transmit your data only as needed to provide Kolophi to you, including sending record text to an AI model as section 2 describes. We won't sell your data, use it to train AI models, or use it for any other purpose. Our Data Processing Agreement sets out how we process it.

We may use counts and measurements that identify neither you nor anyone in your records, such as how many records were processed or how long processing took, to run and improve the service.

8. Your responsibilities

Kolophi isn't legal advice, and you make the decisions. Kolophi proposes; your people decide. You're responsible for:

• your retention schedule, and for deciding what is kept, held or destroyed;
• reviewing Kolophi's proposals before relying on them. AI can be wrong, and Kolophi marks what it's unsure of, but it can't catch every error;
• deleting originals in your own systems, if you choose to, using the lists Kolophi provides;
• your duties to your clients, including getting any consent their engagement terms or guidelines require before their records are processed with AI, and marking clients "no AI" where needed;
• having the right to give us the records you connect, and meeting the law that applies to them, including privacy, records retention and professional conduct rules.

Acceptable use. You won't, and won't let anyone else:

• use Kolophi for anything unlawful, or to store material you have no right to hold;
• try to reach another customer's install, or get around Kolophi's sign-in, roles, walls or limits;
• test Kolophi's security, or put unusual load on it, without our written agreement;
• resell Kolophi or offer it to others as a service.

9. Confidentiality and security

We'll treat your data and anything else you share with us that isn't public as confidential. We'll use it only to provide Kolophi, and share it only with our staff and the subprocessors who need it for that, each bound by duties at least as protective as these.

We'll keep the security measures described in our security overview, or measures at least as protective. If a breach affects your data, we'll tell you within 72 hours of confirming it and help you meet your own obligations.

If we're legally required to disclose your data, we'll tell you first where the law allows, so you can object.

10. Our software and your feedback

We own Kolophi, the software and the service, and the kolophi.ai website. We give you the right to use Kolophi while your subscription lasts, for your own firm's records. These terms give you no other rights in it.

If you send us suggestions, we may use them without owing you anything, as long as we don't disclose your confidential information.

11. Warranties and disclaimers

We'll provide Kolophi with reasonable skill and care, and it will work substantially as section 2 describes. If it doesn't, tell us; we'll try to fix it, and if we can't within 30 days, you may cancel and get back what you paid for the time it didn't work.

Otherwise, Kolophi is provided as is. To the extent the law allows, we make no other promises, including that it will be uninterrupted or error-free, that its AI proposals will be correct, or that it's fit for a particular purpose.

12. Limits on liability, and indemnities

Cap. Each side's total liability under these terms is limited to the fees you paid in the 12 months before the claim arose.

No indirect losses. Neither side is liable for lost profits, lost business, or indirect, special or consequential losses, even if warned they might happen.

Exceptions. These limits don't apply to your payment obligations, to either side's breach of section 9 (confidentiality and security), to the indemnities below, or to liability the law doesn't allow to be limited.

Our indemnity. We'll defend you against a third-party claim that Kolophi, used as these terms allow, infringes their intellectual property, and pay any resulting judgment or settlement we agree to.

Your indemnity. You'll defend us against a third-party claim arising from your data, your instructions, or your use of Kolophi in breach of section 8, and pay any resulting judgment or settlement you agree to.

The side asking for defense must tell the other promptly, let it control the defense, and help reasonably.

13. General terms

• Law and courts. Illinois law governs these terms, without regard to its conflict-of-law rules. Disputes go to the state and federal courts in Cook County, Illinois, and both sides accept their jurisdiction.
• Changes. We may update these terms. We'll email your administrators at least 30 days before a change that affects you takes effect; if you don't accept it, you may cancel before then.
• Notices. We send notices to your administrators' email addresses. Send yours to contact@kolophi.ai.
• Assignment. Neither side may transfer these terms without the other's consent, except to a buyer of all or most of its business, with notice.
• Events beyond control. Neither side is responsible for delays caused by events outside its reasonable control, such as a cloud provider's outage.
• Whole agreement. These terms, with the Privacy Policy, the Data Processing Agreement and any order you place, are the whole agreement between us about Kolophi. If a part is unenforceable, the rest still applies.