xCounsel

    xCounsel Platform Terms of Service & Limited Scope Representation Agreement

    Last Updated: April 2026

    Please read these Terms of Service and Limited Scope Representation Agreement ("Agreement") carefully before using the xCounsel platform. By using this website, submitting information, or making a payment, you agree to be bound by these terms.

    1. Nature of the Platform & Fee Structure

    xCounsel is a legal technology company and a prepaid legal service platform. xCounsel is not a law firm. We do not provide legal advice, representation, or participate in the practice of law. Our AI-powered tools assist in organizing your factual intake and generating preliminary structural summaries, but these automated outputs do not constitute legal advice.

    The total fee you pay at checkout is strictly divided into two distinct fixed charges: a "Platform Services Fee" (for software access, AI intake, administrative routing, and document organization) and an "Attorney Fee" (for the independent legal review and drafting).

    2. Formation of Attorney-Client Relationship & Conflicts Check

    Submitting your matter and making a payment on xCounsel does not automatically create an attorney-client relationship. An attorney-client relationship is formed exclusively between you and the assigned independent attorney, and only after the attorney affirmatively accepts your matter. No attorney-client relationship is formed between you and xCounsel, its founders, or its software.

    Sole Discretion: The assigned independent California attorney has the sole and absolute discretion to accept or decline any matter.

    Conflicts Check: Representation is explicitly contingent upon the attorney clearing a standard Conflicts of Interest Check. If the attorney declines your matter for any reason (including conflicts), you will be notified, and your payment for that specific matter will be fully refunded.

    3. Limited Scope Representation (Unbundled Legal Services)

    When you purchase a specific service pack (e.g., Demand Letter, Contract Review), you are entering into a "Limited Scope Representation" agreement with an independent, licensed California attorney in our vetted network. The assigned attorney's representation is expressly limited to the specific task purchased.

    By using this service, you explicitly agree that the attorney has NO OBLIGATION to provide any of the following:

    • No Court Appearances: The attorney will not represent you in litigation, arbitration, mediation, or any court proceedings.
    • No Filing Obligations: The attorney will not file lawsuits, responses, or administrative documents on your behalf.
    • No Deadline Monitoring: You are 100% responsible for all legal deadlines, including the Statute of Limitations. The attorney will not monitor or advise on impending deadlines outside the specific document reviewed.
    • No Ongoing Representation: The attorney is NOT acting as your general counsel. Once the final document or review is delivered to you, the attorney has fully earned their fee, and the attorney-client relationship for that specific matter is immediately concluded.

    4. User Responsibilities & Accuracy of Facts

    The AI intake system and the reviewing attorney rely entirely on the facts, documents, and context you provide.

    Factual Accuracy: You are solely responsible for ensuring the accuracy, truthfulness, and completeness of your input. The attorney will not independently investigate or verify your claims. xCounsel and the assigned attorney bear no liability for outcomes resulting from omitted, falsified, or inaccurate information.

    Incomplete Materials: If the attorney cannot complete the sign-off because you fail to provide requested necessary documents or clarification within a reasonable timeframe, the matter may be closed, and the fees may be deemed fully earned and non-refundable.

    5. Communication Boundaries

    xCounsel handles all administrative, billing, and logistical communications. The independent attorney retains sole authority over all legal judgment, drafting, and legal advice. xCounsel cannot and will not direct or regulate the attorney's professional judgment.

    6. No Fee-Splitting

    xCounsel does not split legal fees with attorneys. Your payments consist of platform/technology access fees and fixed-fee legal service payments that are passed directly to the independent attorney handling your matter.

    7. Future or Expanded Representation (Phase Two)

    If your matter escalates (e.g., the opposing party refuses a demand letter and litigation is required), any further action falls completely outside this agreement. You and the attorney may choose to enter into a separate, direct written engagement agreement for ongoing representation, but neither party is obligated to do so.

    8. Refunds and Cancellations

    If your matter is declined by the attorney during the intake or conflicts check phase, you will receive a full refund. However, once the attorney begins legal review or drafting based on your submitted materials, the fees are deemed fully earned. Chargebacks initiated after the delivery of a completed legal document will be disputed using the data provided during intake and this executed Agreement.

    9. Limitation of Liability

    To the maximum extent permitted by applicable law, xCounsel's total liability arising out of or related to your use of the platform shall not exceed the total amount paid by you to xCounsel for the specific service giving rise to the claim during the twelve (12) months preceding the event. xCounsel makes no guarantees regarding the outcome or success of any legal matter.

    10. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

    11. Platform Identity

    xCounsel is a legal-technology platform. xCounsel is not a law firm and does not provide legal advice. Public content on this website (articles, FAQs, blog posts, AI-generated general information, legal information pages) is informational only and is not legal advice. Use of this website does not create an attorney-client relationship with xCounsel.

    12. Customer-Specific Attorney-Reviewed Deliverables

    Where attorney-supported service applies to a customer's specific matter, the customer-specific final document, after independent partner attorney review and signature/finalization, is the formal attorney-reviewed deliverable for that customer's matter. AI-generated drafts before attorney review or signature are not legal advice and are not the final legal work product.

    13. Membership Terms

    xCounsel offers an AI-only Membership at $10 per month, billed monthly through Stripe, providing up to three (3) AI draft generations per calendar month. Membership covers AI-assisted services only; AI-generated drafts are not legal advice and are not final legal work product. You may cancel your Membership at any time by emailing info@xcounsel.org; your current month's fee is kept and we do not charge you for the next billing cycle. Unused AI draft generations do not roll over. See the Membership Terms section on the Legal page for full details.

    14. Refund Policy

    Payment is generally non-refundable once paid. Refund exception: if xCounsel cannot serve your matter or the matter process is interrupted for a platform-side eligibility, scope, or service issue, we may issue a refund and will contact you to process it. Approved refunds are processed within seven (7) business days.

    15. Service Scope

    xCounsel does not handle physical mailing or certified-mail delivery in current scope. xCounsel provides a digitally signed final page or final document where applicable. Customers are responsible for any physical delivery, mailing, or service of process required for their matter.

    16. AI Workflow

    xCounsel uses AI (Google Gemini) to organize matters, generate initial drafts, and surface relevant questions. AI on the platform produces both public informational content and customer-specific drafts. AI-generated content is not legal advice. On AI-only matters (including AI Membership generations), no attorney reviews the draft. On attorney-reviewed matters, the AI draft is locked from public release until an independent partner attorney reviews and, where applicable, signs the document. See the AI Workflow Disclosure on the Legal page for full details, including AI provider data handling and voice intake.

    17. Final Document Standard

    Where attorney review applies, the formal attorney-reviewed deliverable is the customer-specific attorney-reviewed and attorney-signed final document. AI-generated drafts before attorney review or signature are not the formal final document and are not legal advice. xCounsel does not handle physical mailing or certified-mail delivery in current scope; final documents are provided as a digitally signed final page or document where applicable.

    18. No Outcome Guarantees

    xCounsel does not promise court acceptance, enforceability, payment recovery, settlement, or any specific legal outcome. Where attorney review is available, the attorney is an independent partner attorney providing limited-scope services.