← Back

Terms of Service

Last updated: August 21, 2026 · Version v11
Contents
  1. 1. Who You're Contracting With
  2. 2. Eligibility
  3. 3. The Services - What Advoly Is
  4. 3.1 Beta Program
  5. 4. What Advoly Is Not - Not Legal Advice / No Attorney-Client Relationship
  6. 4.1 First-person acknowledgment (this is the click-through at signup)
  7. 4.2 What Advoly does not do
  8. 4.3 The Pocket Advocate AI specifically
  9. 5. Not Medical Advice
  10. 6. Account Registration and Security
  11. 7. Subscription Plans, Billing, and Refunds
  12. 8. Free Tier and Usage Limits
  13. 9. AI Features - How They Work and Their Limits
  14. 10. User Content - Your Content, Your Ownership
  15. 10.1 How we process your uploaded documents
  16. 10.2 IEP Audit and similar AI-generated records
  17. 11. Acceptable Use
  18. 11.1 No medical records or protected health information
  19. 12. Intellectual Property in the Services
  20. 13. Privacy
  21. 14. Disclaimers
  22. 15. Limitation of Liability
  23. 16. Indemnification
  24. 17. Termination
  25. 18. Dispute Resolution and Governing Law
  26. 19. Changes to These Terms
  27. 20. Notices
  28. 21. General
  29. 22. Contact

Advoly Terms of Service

Effective date (date these Terms first took effect): June 12, 2026. The "Last updated" date and version for this document are shown at the top of this page.

# 1. Who You're Contracting With

These Terms of Service ("Terms") are a binding agreement between you and Advoly LLC, a Texas limited liability company with a principal place of business at 5900 Balcones Drive, Suite 100, Austin, TX 78731 ("Advoly," "we," "us," or "our"). Advoly LLC operates the Advoly mobile and web applications at advoly.app and the Advoly website at advoly.com (collectively, the "Services").

Advoly LLC is not a law firm and does not provide legal services. Advoly LLC is owned by Kevin Shields, who is also the principal of Shields Law Firm, LLP, a separate Texas limited liability partnership. Use of Advoly does not engage Shields Law Firm, LLP as your attorney; engagement of Shields Law Firm, LLP requires a separate written attorney engagement entered into outside of Advoly. Engaging Shields Law Firm, LLP as your attorney does not give that firm access to your Advoly data unless you separately authorize it in writing.

What Advoly is for - and what it isn't. Advoly is built for educational records related to your child's special education advocacy. Educational records include IEPs, prior written notices, behavior intervention plans, progress reports, report cards, ARD/IEP team meeting notes, 504 plans, and communications with school personnel.

Do not upload medical records, prescription information, insurance documents, treatment notes, hospital records, or other documents whose primary purpose is medical care. If you need to store medical records, use a service designed for that - Advoly is not that service. If our system identifies a document as a medical record, we will not save it. Section 11.1 makes this a term of this agreement, not just a feature limitation. You can upload your child's educational evaluations, including ones you paid for yourself. Advoly's AI reads them like any other school record: it will tell you what a report says and what an assessment generally measures, but it will not interpret your child's results, diagnose anything, or tell you whether your evaluator got it right. Medical records are not accepted. Section 10.1 explains how that works and its limits.

Where Advoly is available. During our beta period, Advoly accepts new accounts from residents of Texas only. We plan to expand to additional states, and we have not completed the compliance work for state-specific health-data and privacy statutes elsewhere (including the California Confidentiality of Medical Information Act and Washington's My Health My Data Act). If you live outside Texas, you can join our waitlist at advoly.app/waitlist; we plan to notify waitlist members when Advoly expands to their state.

By creating an account, accessing, or using the Services, you agree to these Terms and to our Privacy Policy at advoly.app/privacy.

# 2. Eligibility

During our beta period, you must be 18 years or older and a resident of the State of Texas to create an Advoly account. We plan to expand to additional states and expect to update these Terms when we do. The Services are not offered to residents of the European Union, the United Kingdom, or other jurisdictions where additional consents or registrations would be required.

You represent and warrant that:

  • You are at least 18 years old.
  • You are a resident of the State of Texas.
  • You are using Advoly on your own behalf, or on behalf of a child or other person for whom you have the legal authority to act (as a parent, legal guardian, conservator, or holder of an applicable power of attorney).
  • You will provide accurate information about yourself and any child or family member whose information you store in the Services.
  • You will not use the Services to upload information about a child whose parent or legal guardian has not authorized you to do so.

This last representation is intentionally strict. Advoly is built around the assumption that the parent or legal guardian is the user. If a relative, family friend, advocate, or other party uploads a child's records without parental authority, that is a violation of these Terms and also potentially a violation of state and federal privacy law.

# 3. The Services - What Advoly Is

Advoly is an information, organization, and advocacy-support tool for parents and legal guardians of children with disabilities navigating special education. It provides AI-assisted document organization, journaling, drafting, and educational content. Specific features include but are not limited to: an AI advocate-style chat assistant (the "Pocket Advocate"), a document repository, a document checklist, a journaling tool ("Events Log"), email and letter drafting templates, an IEP Audit tool, meeting preparation tools, and educational content. An account may contain up to four Child Profiles, each holding the records of one child in your household.

When you use a tool that produces an AI-generated artifact - for example, the IEP Audit - both the document you upload and the resulting analysis are saved as persistent entries in your Document Tracker, linked to one another. The analysis is itself a record in your account. You can read it, share it (at your direction), or delete it, the same as any other record.

# 3.1 Beta Program

Advoly is currently in an invite-only beta. During the beta:

  • Access requires an invite code, and beta-period subscription mechanics are described to you at the point of invitation rather than at advoly.app/pricing.
  • Features may change, be added, or be removed without the notice periods that will apply after general availability. Changes to these Terms themselves remain governed by Section 19.
  • Advoly staff may review the content of beta accounts - including Pocket Advocate chats, uploaded documents, and AI outputs - to diagnose problems and improve safety and accuracy. This access is logged. The full, honest description of this beta-period access - what we look at, why, and how it is controlled - is in Section 2.1 of our Privacy Policy, and is presented to you again at beta signup. If you are not comfortable with that level of access during the beta, do not join the beta.
  • We may end the beta, convert beta accounts to general-availability accounts, or adjust beta cohort sizes at our sole discretion. Where reasonably practicable, we aim to give notice of these changes.

# 4. What Advoly Is Not - Not Legal Advice / No Attorney-Client Relationship

This section is intentionally prominent. It is also incorporated by reference into the in-product Pocket Advocate AI and into your account signup acknowledgment.

ADVOLY IS COMPUTER SOFTWARE. THE SOFTWARE, AND THE FORMS, DRAFTS, TEMPLATES, AI OUTPUTS, AND OTHER PRODUCTS OF THE SOFTWARE, ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY.

# 4.1 First-person acknowledgment (this is the click-through at signup)

I understand and agree that Advoly is not a law firm or an attorney, and may not perform services performed by an attorney. The forms, drafts, templates, AI outputs, suggestions, and educational content provided by Advoly are not a substitute for the advice of an attorney. I am representing myself and my child in any administrative or legal matter unless I separately retain a licensed attorney. No attorney-client relationship or privilege is created with Advoly LLC, with Shields Law Firm, LLP, or with any attorney affiliated with either by my use of Advoly.

# 4.2 What Advoly does not do

  • Advoly is not a law firm. Advoly does not provide legal advice. Advoly is not your attorney.
  • At no time does Advoly review your inputs for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation.
  • No information you submit to Advoly is protected by attorney-client privilege. Information you store in or share with the Services is not privileged communication with an attorney. Information you separately share with Shields Law Firm, LLP or any other attorney through that firm's own client intake or representation processes (not through Advoly) may be privileged under that firm's separate engagement.
  • Advoly does not represent you in any IEP meeting, ARD, due process hearing, mediation, or other proceeding. Templates, drafts, and suggestions generated by the Services are starting points for your own use. They are not pleadings, demand letters, or other legal documents prepared for you by an attorney.
  • For advice about your specific situation, consult a licensed attorney in your state. The Services provide general information about finding a special education attorney, including publicly available referral and legal aid resources. The Services do not refer you to any particular attorney or law firm, do not connect you with any attorney or law firm, and do not transmit any of your information to any attorney or law firm. Any attorney you contact, you contact on your own, and any engagement is between you and that attorney.

# 4.3 The Pocket Advocate AI specifically

  • The Pocket Advocate AI is not qualified or licensed to give legal advice, draw legal conclusions, provide opinions about your choices, or apply the law to the facts of your situation.
  • The Pocket Advocate is an AI-powered service. The information it provides is not guaranteed to be error-free or accurate. AI features may produce inaccurate, incomplete, or out-of-date information, including about laws, regulations, deadlines, and procedures. You are responsible for confirming the accuracy, validity, and legality of information provided by the Pocket Advocate.
  • Use of the Pocket Advocate, or any other AI feature in Advoly, does not create an attorney-client relationship between you and Advoly LLC, Shields Law Firm, LLP, or any attorney affiliated with either.
  • You should not rely on any AI output as a substitute for advice from a licensed attorney in your state.

# 5. Not Medical Advice

Some information you upload to or generate within Advoly may relate to your child's health, diagnoses, evaluations, therapies, or medications. Advoly is not a healthcare provider. The Services do not provide medical advice, diagnosis, or treatment. Do not use Advoly to communicate about a medical emergency. If you or your child is experiencing a medical emergency, call 911.

# 6. Account Registration and Security

To use most features, you must create an account. You agree to:

  • Provide accurate and complete information when registering, including your state of residence.
  • Keep your password confidential and not share your account with anyone.
  • Notify us promptly at security@advoly.com if you suspect unauthorized access.

You are responsible for activity that occurs under your account, except where caused by our breach of these Terms or our Privacy Policy.

# 7. Subscription Plans, Billing, and Refunds

Advoly offers a free tier and one or more paid subscription tiers, the current details of which are described at advoly.app/pricing. Paid subscriptions are billed in advance on a monthly or annual basis through our payment processor, Stripe. By subscribing, you authorize us and Stripe to charge your designated payment method on a recurring basis until you cancel.

Free trial. New paid subscriptions may include a free trial period. You will not be charged during the trial. If you do not cancel before the trial ends, your subscription will convert to paid and your payment method will be charged at the then-current rate.

Cancellation. You may cancel your subscription at any time through your account settings or by emailing support@advoly.com. Cancellation takes effect at the end of your current billing period. You will continue to have access to the paid tier until then.

Refunds. If you cancel an annual subscription within 30 days of the initial purchase, we will refund that purchase in full. If a substantial deliverable has already been generated and delivered to you during that period, such as an IEP Audit, we may deduct the value of what was delivered from the refund. Monthly subscriptions can be cancelled at any time and are non-refundable for the current billing period except where the law requires otherwise.

Price changes. We may change subscription prices on at least 30 days' notice. Price changes do not apply to billing periods already paid for.

# 8. Free Tier and Usage Limits

The free tier of Advoly is provided "as available" and may include feature limits, AI usage caps, document upload limits, or other restrictions described at advoly.app/pricing. We reserve the right to modify or discontinue the free tier on reasonable notice.

# 9. AI Features - How They Work and Their Limits

Advoly uses a third-party AI provider's commercial API to power its AI features, including the Pocket Advocate, IEP Audit, Meeting Prep, Draft Emails, and document analysis. The current AI provider is named on our Subprocessors page (advoly.app/subprocessors), which we update when our subprocessors change.

Two AI privacy commitments apply to the Services:

  1. Advoly does not train AI models on your data. Advoly LLC does not develop or train AI models, and we do not retain your data for any future training of any model we might build.
  2. Our AI provider does not train its models on your data. Under our commercial agreement with our AI provider, the provider does not use Advoly's commercial-API traffic to train its models. As is standard for commercial AI APIs, the provider retains requests and responses for a limited period for abuse-monitoring and trust-and-safety purposes before deletion. The current provider's identity, the provider's published terms, and any current retention specifics are described on our Subprocessors page.

Other things to know about Advoly's AI features:

  • AI output is generated by software, not by a human reviewer or an attorney. It can be wrong. It can hallucinate citations, deadlines, or facts. (Section 4.3 governs your responsibility for what you do with AI output.)
  • What we send to the AI provider. When you use an AI feature, we assemble a "grounding context" on our servers from the active Child Profile's record and send it to our AI provider along with your prompt. The grounding context may include excerpts of the body text of educational records you have uploaded, entries from that child's Events Log, and your profile and intake information for that child. Educational evaluations are accepted, stored, and read on the same terms as other educational records, so their body text may appear in the grounding context; medical records are not accepted at all (see §10.1 and §11.1), subject to the best-effort document-type identification described in §10.1. The AI provider processes the request and returns a response. The provider's data-retention posture for these requests is described on our Subprocessors page.
  • Vision-based OCR for image-based PDFs. Separately from grounding-context assembly, when you upload a PDF that cannot be parsed as text (a scanned document with no text layer, or a photo of a physical document), we send the PDF itself - including the images it contains - to our AI provider for vision-based text extraction. The extracted text is then stored and used the same way text-extracted document content is used (see §10.1). Whether a document goes through this OCR flow is governed by the document type assigned at upload; type identification is best-effort, and a mislabeled document could be OCR'd under the wrong rules. Section 10.1 describes how to correct a mislabeled document.
  • Integrity and safety processing. We also use our AI provider for limited processing that protects the integrity of the Services rather than answering your prompts: extracting parent/guardian names and household address from uploaded IEPs to enforce the one-household, up-to-four-Child-Profiles account rule, classifying Pocket Advocate messages for relevance to the active Child Profile to deter account-sharing, and extracting the student name listed in an uploaded document so it can be compared against the Child Profile you are working in, as a protection against a document being read into the wrong child's record. These flows are described in plain language in our Privacy Policy (§5) and on our Subprocessors page.
  • No data sale. We do not sell, license, or otherwise commercially share your data with any third party for that party's own purposes.
  • AI usage limits. AI features are subject to per-day, per-session, or per-month usage caps as described on your subscription tier. Heavy or abusive usage that materially exceeds normal individual use may result in throttling or account suspension.
  • Evaluations. Advoly's AI reads your child's evaluations and will restate what they say. It does not interpret clinical results, render diagnoses, assess whether an evaluation was competently performed, or predict what a school will decide. Nothing it says about an evaluation is a clinical opinion, a psychological or medical opinion, or legal advice. For what your child's results mean, talk to the evaluator or a licensed psychologist. For legal advice, talk to a lawyer - Advoly is not your lawyer and does not refer you to one.
  • You are responsible for what you do with AI output. If you send a draft letter generated by Advoly to your school district, you are sending it as your own communication. It is not a communication from Advoly, from Shields Law Firm, LLP, or from any attorney.

# 10. User Content - Your Content, Your Ownership

"User Content" means everything you upload, type, dictate, or otherwise submit to the Services, including documents, journal entries, profile information, and AI prompts and outputs you save.

You own your User Content. Advoly LLC does not claim ownership.

Limited license to operate the Services. You grant Advoly LLC a limited, non-exclusive, royalty-free, worldwide license to host, store, transmit, process, display, and back up your User Content solely for the purpose of providing the Services to you. This license terminates when you delete the User Content or your account, subject to a reasonable backup retention period described in our Privacy Policy.

What this license does NOT do. This license does not allow us to:

  • Use your User Content to train AI models, ours or any third party's.
  • Sell, license, or share your User Content with marketers, advertisers, researchers, or other third parties for their own purposes.
  • Publish your User Content publicly.
  • Continue using your User Content after you delete it (except for backup retention as described in the Privacy Policy).
  • Create derivative works from your User Content.

This is intentionally narrower than the content licenses we have seen in adjacent products. We are not seeking a perpetual or irrevocable license to your child's IEP or to anything else you upload.

Your responsibility for User Content. You represent and warrant that your User Content does not violate the rights of any third party and that you have authority to upload it. You are responsible for keeping your own copies of any User Content you consider important.

# 10.1 How we process your uploaded documents

Advoly handles documents in three categories, and the handling is different for each:

Educational records - IEPs, prior written notices, behavior intervention plans, progress reports, report cards, ARD/IEP meeting notes, 504 plans, school correspondence, and similar records of your child's education. This is what Advoly is for. When you upload an educational record:

  • We store the original file in our document storage provider, scoped to your account and the relevant Child Profile.
  • We extract the document's body text (from PDFs and Word documents) and store the extracted text in a separate database table. For PDFs that cannot be parsed as text (image-based scans or photos of physical documents), text extraction is performed by sending the PDF - including its images - to our AI provider for vision-based extraction; the resulting text is then stored the same way (see also §9).
  • The extracted text is encrypted at rest with AES-256-GCM, using an encryption key controlled by Advoly LLC and stored in our backend host's secrets manager (not the host's default-managed encryption alone).
  • The extracted text is scoped to your account at the database row level. No other Advoly user can query, list, or access the body text of your documents.
  • When you delete a document, the extracted body text for that document is deleted at the same time, by database cascade, transactionally rather than eventually.
  • When you delete your Advoly account, the extracted body text for every document you ever uploaded - across all Child Profiles on the account - is deleted along with the rest of your account, by database cascade through the same chain.

Educational evaluations - Full Individual Evaluations (FIEs), Independent Educational Evaluations (IEEs), psychological and similar evaluations done for school placement. An evaluation done to decide school eligibility, placement, or services is an educational record, and we handle it as one: the file is stored, its body text is extracted and encrypted at rest, and that text is available to AI features for the child it belongs to, on the same terms as an IEP. Advoly's AI reads your child's evaluations and will restate what they say. It does not interpret clinical results, render diagnoses, assess whether an evaluation was competently performed, or predict what a school will decide. How a document is handled depends on the document type assigned at upload, which you select, so identification is best-effort and a mislabeled document may be handled under the wrong rules. See "Document-type identification is best-effort," below.

Medical records - documents whose primary purpose is medical care: doctor's notes, prescriptions, treatment plans, insurance and billing documents, hospital records. These are not accepted, period. If our system identifies an upload as a medical record, it will not be saved to your account. Section 11.1 makes uploading them a violation of these Terms.

Document-type identification is best-effort. Advoly determines how to handle a document based on the document type assigned at upload - the type you select when you upload it (see Privacy Policy §5.2). A document that is mislabeled may be processed under the wrong category's rules, including body-text extraction or OCR that would not otherwise have happened. If you discover a document was processed under the wrong type, you can correct the type in Document Tracker, and you can delete the document at any time, which removes its extracted body text by the cascade described above. What we describe here is the design and the remedy, honestly stated - not an absolute that no software system can keep.

The Privacy Policy describes the retention horizons that apply to backups (separate from the cascade-delete behavior of the live database) and the retention windows that apply to our subprocessors (which are separate from Advoly's own retention).

# 10.2 IEP Audit and similar AI-generated records

When you run a tool that produces an AI-generated artifact - for example, the IEP Audit - both the source document you upload and the resulting analysis are saved as persistent entries in your Document Tracker. The analysis is its own Document Tracker record, linked to the source IEP. Older versions of Advoly described this flow as ephemeral processing; that description is no longer accurate. If you do not want the analysis or the source upload retained, delete them from Document Tracker after the run completes. Both will follow the deletion behavior described in §10.1 and in the Privacy Policy.

# 11. Acceptable Use

What you may upload. IEPs, 504 plans, prior written notices, progress reports, report cards, meeting notes, school correspondence, and educational evaluations - including school evaluations (FIEs) and independent educational evaluations (IEEs) you obtained yourself.

What you may not upload. Medical or treatment records, clinical charts, therapy notes, or any record of care that was not created to determine educational eligibility, placement, or services. You may not upload another child's records unless you are that child's parent or legal guardian.

You agree not to:

  • Use the Services to violate any law or to infringe any third party's rights.
  • Upload content about a child or other individual whom you do not have legal authority to represent.
  • Upload medical records or protected health information, as described in Section 11.1.
  • Attempt to access another user's account or data.
  • Share your account, or use Child Profiles to hold records of children outside your household or your legal authority, in order to circumvent subscription limits.
  • Reverse-engineer, decompile, or attempt to extract the source code of the Services, except to the extent allowed by applicable law.
  • Use the Services to scrape, crawl, or systematically extract data.
  • Resell, sublicense, or commercially redistribute access to the Services without our prior written consent.
  • Upload malware, viruses, or other harmful code.
  • Use the Services to harass, threaten, or impersonate any person.
  • Use AI features to generate content that violates law, including content that infringes intellectual property, content that defames identifiable individuals, or content that constitutes the unauthorized practice of law.

We reserve the right to refuse, suspend, restrict, or terminate access to the Services, at our sole discretion, for any violation or suspected violation of these rules. Section 17 governs the effect of suspension and termination, including the treatment of prepaid fees.

# 11.1 No medical records or protected health information

Advoly is for educational records. You agree not to upload, store, or submit to the Services:

  • Medical records, or any document whose primary purpose is medical care - doctor's and hospital records, prescriptions, treatment plans, therapy treatment notes from healthcare providers, insurance claims and billing records, lab results, and similar documents; or
  • Protected health information ("PHI") as defined by HIPAA, in any form, where you hold that information in a healthcare context (for example, if you are a provider or work for one).

To be clear about the line: your child's educational records often mention health information - an IEP may reference a diagnosis, therapy minutes, or medication. That is normal and fine; those are educational records and Advoly is built for them. The prohibition is on documents whose primary purpose is medical care, not on educational records that touch health.

Advoly is not a HIPAA-covered entity and the Services are not designed, secured, or permitted to operate as a medical-records store. If our system identifies an upload as a medical record, it will not be saved. If a medical record nonetheless ends up stored in your account, we may remove it, and we ask you to delete it when you notice it. Uploading medical records or PHI in violation of this section is a material breach of these Terms, and Advoly has no obligations with respect to such content beyond those imposed by applicable law.

# 12. Intellectual Property in the Services

Advoly LLC owns or licenses all intellectual property in the Services themselves, including the software, the trademarks "Advoly" and "Pocket Advocate," and the content we publish (such as the Learn modules and template language). Your use of the Services does not grant you any rights in our intellectual property except the limited right to use the Services as described in these Terms.

# 13. Privacy

Our Privacy Policy at advoly.app/privacy describes how we collect, use, and protect your information, including the named subprocessors that help us operate the Services. The Privacy Policy is incorporated into these Terms by reference.

# 14. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ADVOLY LLC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF AI OUTPUT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT AI OUTPUT WILL BE ACCURATE OR COMPLETE; OR THAT USING THE SERVICES WILL ACHIEVE ANY PARTICULAR RESULT IN AN IEP MEETING, ADMINISTRATIVE PROCEEDING, OR OTHER MATTER.

Special education matters depend on facts, deadlines, jurisdiction-specific rules, and the discretion of school personnel and administrative bodies. The Services do not guarantee a particular outcome.

You make the decisions, and deadlines are yours. You - not Advoly - decide what to send to your child's school or district, when to send it, and to whom, and you are responsible for the consequences of those decisions. Special education matters are governed by deadlines, statutes of limitations, and procedural windows - for example, the timelines for requesting a due process hearing, filing a state complaint, responding to a proposed IEP or evaluation, or exercising stay-put rights. The Services may display dates and deadlines drawn from your records or entered by you, as a convenience only. Advoly does not guarantee that any displayed date or deadline is accurate, complete, or current, and AI output about deadlines, limitations periods, or procedural requirements may be wrong or out of date. You are solely responsible for identifying, calendaring, verifying, and meeting every deadline that applies to your matter. To the fullest extent permitted by law, Advoly LLC is not liable for any missed deadline, expired statute of limitations, lapsed procedural window, or forfeited right or remedy, however it arises.

# 15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

Excluded damages. ADVOLY LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap. THE TOTAL LIABILITY OF ADVOLY LLC AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ADVOLY LLC IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent these limitations are unenforceable in your jurisdiction, our liability will be limited to the maximum extent permitted by applicable law.

# 16. Indemnification

You agree to indemnify and hold harmless Advoly LLC and its affiliates, officers, directors, employees, and agents from any claim, loss, damage, liability, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Services in violation of these Terms, (b) your User Content, or (c) your violation of any third party's rights.

This indemnification does not apply to claims arising from our breach of these Terms or our Privacy Policy.

# 17. Termination

You may terminate your account at any time through your account settings or by emailing support@advoly.com.

We reserve the right to refuse registration, and to suspend or terminate your account or your access to any part of the Services, at our sole discretion, if we believe you have violated these Terms (including the Acceptable Use rules in Section 11 and Section 11.1), if we are required to by law, or where we believe suspension or termination is necessary to protect the Services, other users, or Advoly. Where reasonably practicable, we aim to give notice before suspension or termination, but we may act immediately where we judge the circumstances to require it.

Prepaid fees. If we terminate your account for a violation of these Terms, prepaid subscription fees are not refunded, except where a refund is required by applicable law. If we terminate your account without cause (not for a violation), we will refund the prorated unused portion of any prepaid subscription period.

When your account is terminated, your right to use the Services ends. Your data will be handled according to our Privacy Policy's data deletion provisions, which include cascade-deletion of encrypted document body text along with the rest of your account record, across all Child Profiles on the account. Subprocessor retention windows that apply downstream of Advoly's own deletion are described in our Privacy Policy and on our Subprocessors page; those windows are independent of Advoly's deletion and continue to run on those subprocessors' own schedules.

Sections 4 (Not Legal Advice - including 4.1 first-person acknowledgment, 4.2 what we don't do, and 4.3 Pocket Advocate AI), 5 (Not Medical Advice), 10 (User Content - limited license back to us terminates, but the no-training and no-resale promises survive), 11.1 (No medical records or PHI), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 18 (Dispute Resolution), and 21 (General) survive termination.

# 18. Dispute Resolution and Governing Law

Informal resolution first. Before filing any formal proceeding, you agree to send a written description of your claim to support@advoly.com and to negotiate informally for at least 30 days.

Binding arbitration. Any dispute that is not resolved informally shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or AAA Consumer Arbitration Rules), in Harris County, Texas. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

Class action waiver. Disputes must be brought individually. You and Advoly LLC waive any right to participate in a class action, collective action, or representative action.

30-day opt-out. You may opt out of this arbitration provision by emailing support@advoly.com within 30 days of first creating your Advoly account, with the subject line "Arbitration Opt-Out." Opting out has no other effect on these Terms.

Carve-outs. Either party may bring claims (a) in small-claims court if eligible, (b) for injunctive relief to protect intellectual property rights, or (c) where applicable law prohibits arbitration of the claim.

Governing law. These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles.

# 19. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of these Terms reflects the most recent revision. We will endeavor to provide advance notice of material changes by email or by an in-product notice - ordinarily at least 14 days before they take effect. However, we may make changes effective immediately where we determine that is necessary to comply with law, address a security or safety issue, or prevent harm to the Services or our users. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

# 20. Notices

Notices to you may be sent by email to your account email address or by an in-product notice. Notices to us must be sent to support@advoly.com and to Advoly LLC, 5900 Balcones Drive, Suite 100, Austin, TX 78731.

# 21. General

  • Entire agreement. These Terms, together with the Privacy Policy, any beta-program addendum you accept at beta signup, and any additional terms specifically referenced, are the entire agreement between you and Advoly LLC regarding the Services and supersede prior agreements on the same subject.
  • Severability. If any provision is held unenforceable, the rest of these Terms remain in effect.
  • No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  • Assignment. You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or to a successor in connection with a merger, acquisition, or sale of substantially all assets.
  • No third-party beneficiaries. These Terms are for the benefit of you and Advoly LLC only and do not create any right enforceable by any other person. In particular, your child - and any other family member whose information you store in the Services - is not a party to these Terms and has no rights under them. (This is a statement about the contract, not about your child's legal rights generally; your child's rights under IDEA, Section 504, and other laws exist independently of Advoly and are unaffected by these Terms.)
  • Force majeure. Advoly LLC is not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, power or internet failures, and failures or outages of our hosting providers, subprocessors, or telecommunications carriers.
  • Headings. Section headings are for convenience only and do not affect interpretation.

# 22. Contact

  • General: support@advoly.com
  • Legal notices: support@advoly.com
  • Privacy: support@advoly.com
  • Security: security@advoly.com

Disclaimer

Advoly LLC is not a law firm. Advoly and its AI features are not a substitute for the advice of an attorney, and nothing you store in or send through Advoly is protected by attorney-client privilege. Advoly does not refer you to, connect you with, or share your information with any attorney or law firm.

Terms of ServicePrivacy PolicySubprocessors