Terms of Service

Consilio Aurora AI Services Terms (EULA & AI Connector Terms) Effective: 4 June 2026

This Terms of Service and End User License Agreement (“Terms” or “EULA”) governs your use of the Consilio AI Services, including its artificial intelligence-enabled tools, features, services and any AI Connector (including MCP-based connectors) that enables a Third-Party AI System to access the AI Services (collectively, “AI Services”). This EULA is entered into between you (“User”) and Consilio LLC and its applicable affiliates (“Consilio”, “we”, “us”, “our”). Your use of the AI Services is also subject to the Master Services Agreement or equivalent agreement (“Agreement”) entered into between Consilio and your organization (“Client”). Capitalized terms used but not defined in this EULA have the meanings given in the Agreement as applicable. In the event of any conflict between this EULA and the Agreement, the EULA shall prevail with respect to the subject matter addressed in it.

1. Definitions

In this EULA, the following definitions apply:

“AI Connector” means the optional feature enabling a Third-Party AI System to call Consilio’s MCP Server and retrieve AI Services data on the User’s instruction;
“AI Outputs” means any content, analysis, summary, coding decision, document classification, privilege assessment, or other output generated by a Third-Party AI System as a result of processing data retrieved via the AI Connector;
“Documentation” means any user guides, manuals, and technical specifications made available by Consilio in connection with the AI Services;
“Eligible Enterprise Terms” means a Third-Party AI Agreement entered into on the applicable provider’s enterprise or commercial (non-consumer) terms which, at a minimum: (a) is licensed to the Client as an enterprise or commercial customer (and not as a personal, free-tier, trial, or consumer account); (b) prohibits the Third-Party AI Provider from using Matter Data (or any Client inputs or outputs) to train, fine-tune, or otherwise improve its models or any other product or service; (c) provides for zero or no data retention (or the shortest retention technically necessary to deliver the service, with prompt deletion thereafter) in respect of Matter Data; and (d) imposes binding confidentiality and security obligations on the Third-Party AI Provider appropriate to the nature of the Matter Data;
“Intellectual Property Rights” means all patents, rights to inventions, copyright (including rights in computer software), trademarks, trade secrets, know-how, database rights, design rights, and all other intellectual property rights, in each case whether registered or unregistered;
“Matter Data” means data, materials, or information inputted into the AI Services by or on behalf of the Client;
“MCP” means Model Context Protocol, an open protocol enabling AI systems to call external tools and services;
“MCP Server” means Consilio’s server infrastructure that implements the MCP, exposing AI Services data and functionality as a callable tool to a Third-Party AI Environment;
“AI Services” means the Consilio e-discovery software AI Services, including all features and modules (including the AI Connector, where enabled), made available to the User pursuant to the Agreement;
“Consilio Data” means data, analytics, benchmarks, templates, and other materials developed or owned by Consilio that may be accessible through the AI Services;
“Privileged Material” means any document, communication, or data that is, or may reasonably be asserted to be, subject to legal professional privilege, attorney-client privilege, the work product doctrine, or any equivalent form of legal protection in the applicable jurisdiction;
“Third-Party AI Provider” means any third party that operates a Third-Party AI System and to which the Client elects to connect the AI Services via an AI Connector, including, by way of example and without limitation, Anthropic PBC (operator of “Claude”), OpenAI, LLC and its affiliates (operators of ChatGPT Enterprise and the OpenAI enterprise/API platform), and any other AI provider that Consilio enables for connection from time to time;
“Third-Party AI System” means the large language model, generative AI system, or other artificial intelligence system operated by a Third-Party AI Provider and accessed by the User through a Third-Party AI Environment;
“Third-Party AI Environment” means the software interface or service operated by a Third-Party AI Provider through which the User accesses a Third-Party AI System, including any connector marketplace or directory within which the AI Connector is made available;
“Third-Party AI Agreement” means the commercial or enterprise services agreement, including any data processing agreement, entered into directly between the Client and a Third-Party AI Provider; and
“User” means the individual authorized by the Client to access and use the AI Services pursuant to this EULA.

2. License grant

Subject to the terms of this EULA and the Agreement, and subject to the Client’s payment of the applicable fees under the Agreement, Consilio grants to the User a limited, personal, non-exclusive, non-transferable, non-sublicensable License to access and use the AI Services, including any AI Connector (where enabled by the Client’s administrator), solely:

for the Client’s internal business purposes in connection with the Client’s lawful e-discovery activities;
in accordance with the Documentation and any applicable usage guidelines issued by Consilio from time to time; and
within the scope of access rights assigned to the User by the Client’s administrator.

This EULA does not grant the User any rights in or to the AI Services beyond the License set out in this clause 2. All rights not expressly granted are reserved by Consilio or its licensors.

3. Permitted use

The User may use the AI Services and any AI Connector only for lawful purposes in connection with the Client’s e-discovery matters and in accordance with:

these Terms and the Agreement;
all applicable laws and regulations, including data protection law, export control and sanctions laws, professional conduct rules, and any court orders applicable to the relevant matter; and
the Client’s internal policies and any instructions issued by the Client’s administrator.

Where the User is a legal practitioner, the User’s use of any AI Connector is subject to applicable professional conduct obligations to the extent applicable to the User’s practice.

4. Accounts and security

Access to or use of certain portions and features of the AI Services may require the User to hold an account (“Account”). The User shall ensure that all information provided in connection with the Account is current, accurate, complete, and not misleading, and shall keep it updated. The User is responsible for maintaining the confidentiality and security of its Account credentials, including any password, and shall not share login credentials with any other person. Accounts are not transferable. The User is responsible for all activities that occur under its Account and shall access and use the AI Services only in accordance with the access rights granted by the Client’s administrator.

The User shall promptly notify the Client’s administrator and Consilio’s support team at privacy@consilio.com and InfoSec.clientrequests@consilio.com upon becoming aware of any actual or suspected unauthorized access to, or use of, the User’s Account or the AI Services.

5. Restrictions

The User shall not:

copy, modify, adapt, translate, reverse engineer, decompile, disassemble, devise specifications from, or create derivative works based on the AI Services or any part of it;
sub-License, sell, resell, lease, encumber, distribute, publish, transmit, transfer, assign, or otherwise make the AI Services available to any third party who is not an authorized user of the Client;
apply any system or method to extract, harvest, or modify information in the AI Services using technology or methods commonly referred to as “web scraping,” “data scraping,” or “screen scraping”;
use the AI Services in any manner that could damage, disable, overburden, or impair Consilio’s infrastructure or interfere with any other user’s use of the AI Services, or input or transmit any virus, worm, Trojan horse, or other harmful or malicious code;
use or access the AI Services for the purpose of monitoring its availability, performance, or functionality, or for any benchmarking, competitive analysis, or competing-product purposes;
use the AI Services to process data that the User or the Client does not have the right to process, or in a manner that infringes the Intellectual Property Rights or other rights of any third party;
store or process through the AI Services any data subject to the HIPAA Privacy Rules, the PCI Data Security Standards, or other specially regulated data categories, except where expressly agreed in writing in the Agreement and subject to appropriate safeguards;
use the AI Services to transmit or store any material that is unlawful, defamatory, fraudulent, threatening, harmful, or that violates any applicable law or regulation;
use any AI Connector with personal, consumer, free-tier, or trial accounts of a Third-Party AI Provider — an AI Connector may only be used with credentials linked to the Client’s Third-Party AI Agreement that meets the Eligible Enterprise Terms;
attempt to disable, circumvent, or interfere with any access controls, authentication mechanisms, or security features of the AI Services or MCP Server;
use or reproduce any AI Output as a definitive legal authority, case citation, statutory reference, or privilege determination without independent expert verification; or
remove, alter, or obscure any proprietary notices, disclaimers, or watermarks displayed in or on the AI Services.

6. AI Connector — specific terms

Provider-agnostic feature. The AI Connector is a provider-agnostic feature. Consilio may enable connection to one or more Third-Party AI Providers (including, by way of example, Anthropic’s Claude and OpenAI’s GPT models) and may add, change, or remove the Third-Party AI Providers available for connection from time to time. The terms of this clause 6 and this EULA apply equally to each Third-Party AI Provider, Third-Party AI System, and Third-Party AI Environment that the Client elects to connect, regardless of identity.

Availability and eligibility. Access to any AI Connector is an optional feature that must be enabled by the Client’s administrator. Each AI Connector is conditional on the Client maintaining, for the relevant Third-Party AI Provider, a valid Third-Party AI Agreement that satisfies the Eligible Enterprise Terms. The Client and the User are solely responsible for selecting the Third-Party AI Provider, for entering into and maintaining the Third-Party AI Agreement, and for ensuring on an ongoing basis that it satisfies the Eligible Enterprise Terms, including enterprise licensing, no-training, and no-data-retention commitments. Consilio does not verify, and makes no representation or warranty as to, the terms, adequacy, or performance of any Third-Party AI Agreement.

How the AI Connector operates. When the User activates an AI Connector and submits a query to a Third-Party AI System that requires AI Services data, the Third-Party AI Environment calls Consilio’s MCP Server on the User’s instruction, and Consilio returns the relevant data to the Third-Party AI Environment. The Third-Party AI System then processes that data and generates AI Outputs. Consilio does not independently transmit Matter Data to any Third-Party AI Provider or Third-Party AI System; transmission to the Third-Party AI Environment occurs as a result of the User’s instruction and the Client’s configuration.

User obligations when using an AI Connector. The User shall:

use the AI Connector only with credentials linked to the Client’s Third-Party AI Agreement that satisfies the Eligible Enterprise Terms, and not with personal, free-tier, trial, or consumer accounts;
apply mandatory human review / independent expert verification by a qualified legal professional to all AI Outputs before any AI Output is relied upon in any legal proceeding, regulatory filing, court submission, privilege log, or legal advice; and
comply with all applicable professional conduct obligations, including those relating to client confidentiality, informed consent, transparency, and the disclosure of AI use, to the extent applicable to the User’s practice.

Accuracy limitations and hallucination risk. The User acknowledges that:

a Third-Party AI System and the AI Services may generate AI Outputs that are inaccurate, incomplete, outdated, misleading, or fabricated, including references to case law, statutes, or factual matters that do not exist (“hallucinations”);
a Third-Party AI System does not provide legal advice and is not a substitute for the professional judgement of a qualified legal practitioner; and
Consilio does not warrant the accuracy, completeness, reliability, or fitness for purpose of any AI Output.

Privilege and confidentiality. The User acknowledges that:

transmitting Privileged Material to a Third-Party AI Environment may give rise to a risk of waiver of legal professional privilege or attorney-client privilege;
the extent to which privilege and confidentiality are preserved depends on the obligations binding on the Third-Party AI Provider under the Client’s Third-Party AI Agreement, over which Consilio has no control; and
the User is solely responsible for assessing and managing privilege risk in connection with the User’s use of any AI Connector, and Consilio makes no representation or warranty as to the adequacy of any Third-Party AI Agreement for the protection of privilege.

7. Third-party systems, integrations, and services

Consilio does not control customer-configured third-party systems or integrations, which are governed by the applicable third-party terms and customer-directed configurations. The AI Connector, each Third-Party AI Provider, Third-Party AI System, and Third-Party AI Environment, and any other third-party service, API, or integration that the Client or User elects to enable or connect to through the AI Services, are third-party systems and integrations of this kind.

The Client and User select, enable, configure, and control these third-party systems and integrations at their own discretion and risk. Consilio is not responsible for ensuring that any third-party terms, protections, or performance standards are the same as, or consistent with, those applicable to Consilio under the Agreement or this EULA. Consilio expressly disclaims any liability for any third-party services that the User may use or connect to through the AI Services, and Consilio’s obligations under this EULA do not extend to any defect, failure, act, or omission attributable to a Third-Party AI Provider or any other third party. By activating any API, connector, or link to enable data sharing through the AI Services, the User authorizes Consilio to send and receive the relevant content with that activated third-party service, and represents and warrants that the Client and User have all necessary rights and authority to grant that authorization.

Third-party software and information. The AI Services may include or interoperate with portions of third-party software and other copyrighted material. Where third-party software is accompanied by its own acknowledgements, licensing terms, or disclaimers, those terms govern use of that software and material, and Consilio has no responsibility with regard to the selection, performance, or use of such third-party vendors or products.

8. Data and privacy

Matter Data. The User shall only upload or process Matter Data through the AI Services in accordance with the Client’s instructions and applicable data protection law. The User agrees that the Client is entitled to process all Matter Data transmitted through the AI Services and any AI Connector.

Personal data. To the extent the User processes personal data through the AI Services, the User shall do so in accordance with the Client’s data protection policies, applicable data protection law, and the data processing terms agreed between Consilio and the Client.

Data minimization. The User shall limit the Matter Data transmitted to any Third-Party AI Environment via an AI Connector to the minimum data necessary for the specific task requested of the Third-Party AI System.

Third-Party AI Environment processing. Once Matter Data is transmitted to a Third-Party AI Environment on the User’s instruction, it is processed by the Third-Party AI Provider under the Client’s Third-Party AI Agreement and the Client’s configuration. Consilio is not responsible for the collection, use, storage, retention, or further processing of Matter Data by any Third-Party AI Provider.

See also the connector-specific Privacy page and Consilio’s master Privacy Policy.

9. Intellectual property

AI Services and Consilio Data. All Intellectual Property Rights in the AI Services, Documentation, and Consilio Data, and any modifications thereof, are and shall remain the exclusive property of Consilio or its licensors including but not limited to all elements of the AI Outputs, derived analytics, machine-learning models, prompt libraries, proprietary algorithms, decision-making frameworks, data formulas, methodologies, schemas, technical guidance and processes embedded in or used to generate such Outputs. Nothing in this EULA transfers any such rights to the User, and no licenses or rights are granted to the User except for the limited rights expressly granted in this EULA or the fully executed Agreement.

Matter Data. All Intellectual Property Rights in Matter Data are and shall remain the property of the Client or the Client’s applicable clients and counterparties. Consilio’s right to use Matter Data is limited to providing or improving (if Matter Data is anonymized) the AI Services and operating the MCP Server on the Client’s behalf, as allowed under the Agreement.

Feedback. If the User provides Consilio with feedback, suggestions, or comments regarding the AI Services, the User grants Consilio a perpetual, irrevocable, royalty-free License to use such feedback for any purpose, including improving the AI Services, without any obligation to the User and without enabling the User to claim any interest, ownership, or royalty in Consilio’s intellectual property.

10. Confidentiality

The AI Services, and any non-public information concerning the AI Services (including their features, functionality, and Documentation), and any other information disclosed by Consilio that is designated as confidential or that reasonably should be understood to be confidential, constitute Consilio’s confidential information. The User shall protect such confidential information using at least reasonable security measures, shall not use it except as necessary to exercise its rights or perform its obligations under this EULA, and shall not disclose it to any third party except to individuals within the Client’s organization who need to know it for those purposes and who are bound by confidentiality obligations no less protective than those in this EULA. These obligations do not apply to information that is or becomes public other than through breach of this EULA, is lawfully received from a source not bound by a duty of confidentiality, was already in the User’s possession without restriction, or is independently developed without reference to the confidential information. The User may disclose confidential information to the extent required by a court or governmental body or otherwise required by law, or as necessary to enforce this EULA.

11. Warranties and disclaimers

User warranties. The User warrants and represents that:

the User has the authority to enter into this EULA on behalf of themselves and, where applicable, the Client; and
the User’s use of the AI Services will comply with all applicable laws and regulations.

AI Connector and AI Outputs disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CONSILIO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE AI CONNECTOR AND AI OUTPUTS, INCLUDING ANY WARRANTY OF ACCURACY, AVAILABILITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AI OUTPUTS ARE PROVIDED AS PRELIMINARY WORKING MATERIALS ONLY.

Third-party services. Consilio makes no warranties regarding the performance, availability, or reliability of any Third-Party AI Environment, Third-Party AI System, Third-Party AI Provider, or any other third-party service accessed in connection with an AI Connector. Consilio’s obligations under this EULA do not extend to any defects or failures attributable to a Third-Party AI Provider or any other third party.

12. Liability

Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CONSILIO SHALL NOT BE LIABLE FOR:

any loss of profits, loss of revenue, loss of business, loss of anticipated savings, or any indirect, consequential, special, incidental, punitive, or exemplary loss or damage, in each case howsoever arising; or
any loss or damage arising from or in connection with: (i) inaccuracies, hallucinations, or errors in AI Outputs; (ii) the User’s failure to apply human review to AI Outputs before reliance; (iii) any waiver of legal professional privilege or attorney-client privilege arising from the User’s use of an AI Connector; (iv) any act, omission, or breach by a Third-Party AI Provider, or the terms or configuration of any Third-Party AI Agreement; or (v) any disruption, unavailability, or discontinuation of an AI Connector, Third-Party AI Environment, or Third-Party AI System by a Third-Party AI Provider.

Cap on liability. Subject to the Agreement, Consilio’s total aggregate liability to the User arising out of or in connection with this EULA shall in no event exceed the amount paid by the Client for the AI Services in the twelve (12) months preceding the event giving rise to the claim.

Exceptions. Nothing in this EULA shall limit or exclude Consilio’s liability for: (i) death or personal injury caused by Consilio’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited by applicable law.

13. Indemnity

The User shall indemnify, defend, and hold harmless Consilio and its affiliates, officers, and employees from and against any claims, losses, damages, costs (including reasonable legal costs), and liabilities arising from or in connection with:

the User’s breach of this EULA;
any third-party claim arising from the User’s use of AI Outputs without adequate human review;
any waiver of privilege or breach of confidentiality obligations arising from the User’s decisions regarding data submitted to an AI Connector;
the User’s use of the AI Services in violation of applicable law or professional conduct obligations; or
any violation by the User of applicable export control or economic sanctions laws and regulations.

14. Term and termination

This EULA shall commence on the date the User first accesses the AI Services and shall continue until terminated in accordance with this clause 14 or until the Agreement terminates or expires.

Consilio may suspend or terminate the User’s access to the AI Services or any AI Connector with immediate effect if:

the User breaches any material provision of this EULA and (where the breach is capable of remedy) fails to remedy it within seven (7) days of written notice from Consilio or the Client’s administrator;
the Client’s Agreement with Consilio terminates or expires;
the Client’s Third-Party AI Agreement ceases to satisfy the Eligible Enterprise Terms or the eligibility conditions set out in clause 6; or
Consilio is required to do so by applicable law or a competent regulatory authority.

Upon termination of this EULA, the User’s License to access and use the AI Services and any AI Connector shall immediately cease. The User shall promptly cease all use of the AI Services and shall not attempt to access it following termination.

Clauses 1, 5, 7, 9, 10, 11, 12, 13, 16, and 17 shall survive termination of this EULA.

15. Updates and modifications

Consilio reserves the right to update, modify, or discontinue the AI Services or any feature of it (including any AI Connector or the availability of any Third-Party AI Provider) at any time upon reasonable notice to the Client. Consilio shall use reasonable efforts to notify the Client in advance of any material changes to an AI Connector or the data flows associated with it.

Consilio may update this EULA from time to time. Where an update is material, Consilio shall provide at least thirty (30) days’ written notice to the Client before the update takes effect. The User’s continued use of the AI Services following the expiry of the notice period shall constitute acceptance of the updated EULA.

16. Jurisdiction-specific terms

The AI Services are made available globally. The following provisions apply in addition to, and where applicable prevail over, the other terms of this EULA in the relevant jurisdiction, but only to the extent required by the mandatory laws of that jurisdiction.

United States. The AI Services are “commercial computer software” and “commercial computer software documentation”. Use, duplication, or disclosure by U.S. government end users is subject to the restrictions set out in this EULA.

United Kingdom. Nothing in this EULA limits or excludes any liability that cannot lawfully be limited or excluded under the laws of England and Wales, including liability under the Unfair Contract Terms Act 1977. Where any statutory rights or terms are implied by law and cannot lawfully be excluded, those rights and terms apply to the minimum extent required.

Australia. Nothing in this EULA excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot lawfully be excluded, restricted, or modified. To the extent the AI Services are not of a kind ordinarily acquired for personal, domestic, or household use, and to the extent permitted by law, Consilio’s liability for breach of any non-excludable consumer guarantee is limited, at Consilio’s option, to the re-supply of the affected services or the payment of the cost of having them re-supplied.

17. General

Entire agreement; order of precedence. This EULA, together with the Agreement, constitutes the entire agreement between Consilio and the User in respect of the User’s use of the AI Services and supersedes all prior proposals, representations, and arrangements relating to the same subject matter. Any pre-printed terms on any purchase order are expressly rejected and of no force or effect.

Relationship of the parties. Nothing in this EULA creates a partnership, agency, employment relationship, or joint venture between Consilio and the User.

No third-party beneficiaries. This EULA is entered into for the sole benefit of Consilio, the User, and (as applicable) the Client, and confers no right, benefit, or remedy on any other person or entity.

Assignment. The User may not assign, transfer, or sub-License any rights or obligations under this EULA without Consilio’s prior written consent.

Export compliance. The User shall comply with all applicable export control, economic sanctions, and anti-boycott laws and regulations, including those of the United States, the United Kingdom, Australia, and any other applicable jurisdiction, and shall not export or re-export any data, software, or materials in violation of such laws.

Equitable remedies. The User acknowledges that a breach or threatened breach of this EULA may cause irreparable harm to Consilio for which monetary damages may be inadequate, and that Consilio shall be entitled to seek equitable relief from a court of competent jurisdiction, without any requirement to post a bond or other security, in addition to any other available remedies.

Severability. If any provision of this EULA is found to be invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

No waiver. A failure or delay by Consilio to exercise any right or remedy under this EULA shall not constitute a waiver of that right or remedy, and no waiver shall be effective unless in writing.

Counterparts. This EULA may be accepted by click-through, electronic acceptance, or signature and, where executed in counterparts, each counterpart shall be deemed an original and all together shall constitute one instrument.

Governing law and jurisdiction. This EULA and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict of laws principles. The parties irrevocably submit to the exclusive jurisdiction of the courts of competent jurisdiction in New York, except that nothing in this clause prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction, and except to the extent the mandatory laws of the User’s jurisdiction require otherwise.

By accessing or using the AI Services, the User confirms that they have read, understood, and agree to be bound by this EULA.