Terms of service
Nine sections, in plain language. The first one is the one that matters most: Tertius is a statistical instrument, not a lawyer.
Last updated July 17, 2026
1. Statistical estimates, not legal advice
Tertius produces statistical estimates of litigation timing and disposition, computed from historical public court records. Its outputs describe how populations of similar cases have behaved — they are not advice about your case, a prediction of its merits, or an opinion on what any party should do.
Tertius is not a law firm and does not practice law. Nothing in the service — forecasts, reports, simulations, benchmarks, or explanatory text — constitutes legal advice, and no output should be relied on as a substitute for the judgment of qualified counsel.
2. No attorney-client relationship
Using Tertius, requesting a report, or communicating with us does not create an attorney-client relationship, a fiduciary relationship, or any duty beyond these terms. Information you submit is handled per the privacy policy, but it is not privileged by virtue of being submitted to Tertius.
3. No warranty of outcomes
Forecasts are probability distributions, not commitments. A calibrated 80% interval means roughly one case in five resolves outside it — that is the design, not a defect. We publish the model's measured error, including where it falls short of target, on the model page; that published record is the extent of our accuracy representation.
The service is provided "as is." We do not warrant that any case will resolve within any forecast interval, in any manner, or at all, and we are not liable for decisions made in reliance on an estimate. Aggregate liability is capped at the fees paid in the twelve months preceding the claim.
4. Scope of coverage
Tertius covers civil cases in U.S. federal district courts. State-court matters are not supported: imports flag them and no forecast is produced. Forecasts address timing and disposition only — never merits, damages, or the value of any claim.
5. Your data
Your case list, recorded outcomes, and exports are yours. We use them to operate the service for you as described in the privacy policy — not to train the shared model, and never shared across customers. You may delete your portfolios at any time; deletion is immediate.
6. Confidentiality
Your case data — captions, parties, amounts, postures, recorded outcomes, and anything else you submit about your matters — is your Confidential Information. We use it only to provide the service to you, protect it with reasonable safeguards no less rigorous than those described on the security page, and do not disclose it to anyone except the service providers named in the privacy policy (bound to use it only on our instructions) or where the law compels disclosure — and then only after notice to you where lawful, and no more than is compelled.
We will never use your Confidential Information adversely to you, share it with another customer, or use it for advertising. These obligations survive termination of your account for as long as we hold the data, and deletion on termination works as described in the privacy policy. If your organization needs a signed mutual NDA before a pilot or backtest, we have one ready — ask.
7. Acceptable use and eligibility
The service is for professional use by adults: you must be at least 18 and, if you are using it for an organization, authorized to bind that organization to these terms. Keep your API keys confidential, use the service only for lawful purposes, and do not resell raw model outputs as a competing service. We may suspend access for abuse that threatens the service or other customers, with notice where practicable.
8. Changes
If these terms change materially, active customers are notified before the change takes effect. Continued use after notice is acceptance.
9. Who we are and governing law
The service is operated by Tertius Research Inc., a Delaware corporation. These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and any dispute arising out of them or the service will be brought in the state or federal courts located in Delaware.
See also security & data handling and the privacy policy.