The terms for this website and hosted OCM services.

These Terms are between Metatheria, LLC, doing business as Clark Management Consulting (“Metatheria,” “we,” “us,” or “our”), and the person or organization using opencasemanagement.com, an OCM account, trial, or hosted service (“you” or “Customer”). By using them, you agree to these Terms and the incorporated Acceptable Use Policy.

You must have legal capacity to agree. If acting for an organization, you represent that you have authority to bind it. OCM is intended for organizational and professional use, not personal consumer use or the provision of legal advice by Metatheria.

• Provide accurate account, contact, billing, and organization information and keep it current.
• Protect passwords, password-reset links, credentials, devices, API tokens, and administrator access; promptly report suspected compromise.
• Authorize users appropriately and remain responsible for activity under Customer-controlled accounts.
• Configure permissions, ethical walls, retention, integrations, and workflows appropriate to Customer’s legal and professional obligations.
• Obtain all notices, consents, authority, and lawful bases needed for Customer Data and Customer’s use of the service.

We provide the website, customer administration, and any hosted OCM instance described in the applicable order. Trial services may be limited, use synthetic or Customer-provided data, and end at the stated time unless converted or extended in writing. Beta, preview, experimental, and evaluation features may change or end and are not intended for reliance unless the applicable writing expressly says otherwise.

We may make reasonable changes needed for security, law, interoperability, maintenance, and product improvement without materially reducing the core paid service during a current term. Planned service levels, support, backup, migration, and implementation commitments are those in the applicable order or signed agreement.

Prices, quantities, billing periods, trial terms, and renewal terms appear in the order or checkout presented before purchase. Unless the order says otherwise, recurring fees are billed in advance, usage charges are billed in arrears, and fees are nonrefundable except where required by law or expressly agreed in writing. Customer is responsible for applicable taxes other than taxes on our net income.

Customer may cancel as stated in its order, account controls, or written agreement. Cancellation stops future renewal but does not erase charges already incurred. We may suspend service for overdue undisputed amounts after reasonable notice, or immediately when necessary to prevent material harm, address unlawful use, or protect the service.

“Customer Data” means information submitted to or generated within Customer’s OCM instance by or for Customer. As between the parties, Customer retains its rights in Customer Data. Customer grants us the limited rights necessary to host, transmit, back up, secure, maintain, support, and otherwise provide the service and follow Customer’s documented instructions.

We will not sell Customer Data, use it for behavioral advertising, or train a general-purpose model on it. Our Privacy Notice and any signed data-processing terms describe applicable processing. Each party will protect the other’s nonpublic information with reasonable care and use it only for the relationship, subject to ordinary exclusions and legally compelled disclosure.

AI features are optional and may use a Customer-selected local or third-party provider. Generated summaries, drafts, classifications, translations, extractions, and similar output are probabilistic, may be incomplete or wrong, and are not legal advice. Customer must use qualified human review before relying on output or placing it in a case record, filing, communication, or decision. Customer is responsible for provider configuration, permitted use, and any professional or court obligations.

OCM source code identified as GPL-licensed is governed by the applicable GNU General Public License, not by a proprietary software license in these Terms. These Terms do not restrict rights granted by that license. Hosted operations, support, implementation, configuration, website content, branding, documentation not distributed under an open license, and other services remain governed by these Terms and applicable agreements.

“Open Case Management,” OCM branding, site design, and Metatheria or Clark Management Consulting marks may not be used to imply affiliation or endorsement. Feedback may be used without restriction or payment, provided we do not identify Customer publicly without permission.

Customer may enable third-party identity, communications, payment, document, AI, or other services. Their terms and privacy practices govern their service. We are not responsible for a third party’s acts, availability, or changes, but remain responsible for our own obligations concerning subprocessors we engage. Current general providers are identified on the Subprocessors page.

We warrant that paid services will be performed professionally and substantially as described in the applicable order. Customer’s exclusive remedy for a breach of that warranty is re-performance or, if we cannot cure a material breach, termination and a prorated refund of prepaid fees for the affected unused period.

EXCEPT FOR EXPRESS WARRANTIES IN A SIGNED AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, TRIALS, OPEN-SOURCE SOFTWARE, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT LEGAL OUTCOMES, REGULATORY COMPLIANCE, OR THE ACCURACY OF CUSTOMER DATA OR AI-GENERATED OUTPUT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THEIR POSSIBILITY. EXCEPT FOR PAYMENT OBLIGATIONS, MISUSE OF THE OTHER PARTY’S INTELLECTUAL PROPERTY, BREACH OF CONFIDENTIALITY, OR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, EACH PARTY’S AGGREGATE LIABILITY ARISING FROM THE SERVICE WILL NOT EXCEED FEES PAID OR PAYABLE FOR THE AFFECTED SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. FREE OR TRIAL SERVICE LIABILITY WILL NOT EXCEED $100.

Either party may terminate for an uncured material breach after reasonable written notice, or immediately for insolvency where permitted. On termination, access ends and accrued obligations survive. For a hosted customer, export, transition assistance, retention, deletion, and any associated fees are governed by the signed agreement or order. Absent contrary written terms, Customer should request an export before termination; we may delete remaining hosted Customer Data after a reasonable transition period subject to law and backups.

Ohio law governs without regard to conflict-of-law rules. The state and federal courts located in Cuyahoga County, Ohio have exclusive jurisdiction, and each party consents to venue there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Neither party is liable for delay caused by events beyond reasonable control, except payment obligations. Customer may not assign these Terms without our consent except with a merger or sale of substantially all assets; we may assign them in such a transaction. Invalid provisions are narrowed or severed, and the remainder continues. Waiver must be explicit. These Terms and incorporated documents are the entire agreement for their subject unless superseded by signed terms. Notices may be sent electronically to the addresses associated with the relationship.

Questions: alex@clarkmanagementconsulting.com.