Terms of Service

1. Acceptance of Terms

By accessing or using ECFiler, you represent that you are at least 18 years of age and have the legal authority to enter into these Terms. If you are using the Service on behalf of a law firm or organization, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and the entity.

2. Nature of the Service

ECFiler automates portions of the CM/ECF filing workflow — including document analysis, event code suggestion, docket text generation, and PDF validation — but all filing decisions remain the sole responsibility of the attorney of record. The Service is a tool to assist your professional judgment, not a replacement for it.

3. Attorney Responsibility

You acknowledge and agree that:

• You are solely responsible for all filings made through ECFiler using your PACER credentials. Every filing submitted through the Service carries the same legal effect as a filing made directly through the CM/ECF system.
• You are responsible for verifying the accuracy of all information before submitting a filing, including but not limited to: the correct court, case number, event code, parties, docket text, and the contents of all uploaded documents.
• You are responsible for compliance with all applicable federal rules, local court rules, and standing orders, including but not limited to: filing deadlines, page limits, formatting requirements, Rule 5.2 redaction obligations, and sealed-filing procedures.
• You are responsible for ensuring that you have authority to file in the case and court you select.
• You are responsible for the security of your PACER credentials and ECFiler account. You must notify us immediately if you believe your account has been compromised.

4. AI-Generated Content

ECFiler uses artificial intelligence to assist with the filing workflow. AI-generated content includes, but is not limited to:

• Suggested event codes based on document analysis
• Draft docket text
• Party identification and role classification
• Document type detection
• Case number and court extraction
• Redaction warnings under Rule 5.2

5. 3-Pass AI Verification

ECFiler employs a 3-pass AI verification system that analyzes your filing for potential issues before submission. This system checks for common errors including incorrect event codes, mismatched case numbers, formatting problems, and potential redaction issues. You acknowledge that:

• The 3-pass verification is an assistive tool designed to catch common filing errors. It is not infallible and does not guarantee that your filing is error-free or will be accepted by the court.
• The verification system is not a substitute for attorney judgment. Attorneys must independently review all filings regardless of verification results.
• A "passed" verification does not constitute legal advice or a representation that the filing complies with all applicable rules.
• The verification system may not detect all potential issues, including but not limited to: substantive legal errors, court-specific local rule violations, or newly implemented rule changes.

6. PACER Credentials

To use the filing features of ECFiler, you must provide your PACER credentials. By providing your credentials, you represent that:

• You are the authorized holder of the PACER account or have explicit authorization from the account holder to use those credentials for electronic filing.
• You understand that filings submitted using your credentials through ECFiler carry the same legal force and effect as filings made directly on CM/ECF.
• You will not use ECFiler to submit filings using another attorney's PACER credentials without their express written authorization.

For details on how we store and protect your PACER credentials, see our Privacy Policy, Section 2.

7. CM/ECF Availability

ECFiler interacts with the CM/ECF systems operated by the federal judiciary. You acknowledge that:

• ECFiler does not control, operate, or guarantee the availability of CM/ECF. CM/ECF systems may be unavailable due to scheduled maintenance, unscheduled outages, network issues, or changes to court systems.
• ECFiler does not guarantee that any filing will be accepted by the court. Courts may reject filings for any reason, including reasons unrelated to the ECFiler platform.
• You are responsible for verifying that your filing was successfully received by the court. A successful submission through ECFiler does not constitute confirmation of filing by the court until you receive a Notice of Electronic Filing (NEF).
• If CM/ECF is unavailable, you are responsible for pursuing alternative filing methods to meet applicable deadlines.

8. Limitation of Liability

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, ECFiler's liability shall be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless ECFiler and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) filings made through your account; (c) your violation of these Terms; (d) your violation of any applicable law, rule, or court order; or (e) any dispute between you and a third party related to filings made through the Service.

10. Service Tiers

ECFiler offers multiple service tiers. Features and limitations are subject to change; current details are available on our pricing page.

Free Tier

• Limited number of filings per month
• Basic AI document analysis and event code suggestions
• Standard PDF validation
• Filing history limited to 90 days
• Community support only

Pro Tier ($99/attorney/month)

• Unlimited filings
• Advanced AI analysis with 3-pass verification
• Certificate of service generation
• Rule 5.2 redaction scanning
• Filing fee lookup and calculation
• Full filing history with document archival
• Priority support

We reserve the right to modify pricing, features, and tier structure. Material changes to paid tiers will be communicated at least 30 days in advance. If you do not agree to changes in a paid tier, you may cancel your subscription before the next billing cycle.

11. Acceptable Use

You agree not to use the Service to:

• Submit fraudulent, vexatious, or unauthorized filings.
• Attempt to gain unauthorized access to any court system, other user accounts, or ECFiler infrastructure.
• Use automated scripts, bots, or other tools to access the Service in a manner that exceeds reasonable use or circumvents rate limits.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service (except to the extent permitted by applicable open-source licenses for components we have released under such licenses).
• Use the Service for any purpose that violates applicable law or regulation.
• Share your account credentials with unauthorized persons.

12. Intellectual Property

Your content: You retain all rights to the documents you upload and the filings you create. ECFiler does not claim ownership of your filing documents, case data, or legal work product. We access your content only as necessary to provide the Service.

Our service: The ECFiler platform, including its software, AI models, user interface, and documentation, is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

13. Account Termination

By you: You may close your account at any time through your account settings. Upon closure, your data will be handled as described in our Privacy Policy, Section 11.

By us: We reserve the right to suspend or terminate your account if we reasonably believe that: (a) you have violated these Terms; (b) your use of the Service poses a security risk; (c) your account has been compromised; or (d) continued provision of the Service to you would be unlawful. We will provide notice of termination and the reason for it, except where doing so would compromise security or violate law. Upon termination, you will have 30 days to export your data before it is permanently deleted.

14. Dispute Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@ecfiler.com and attempt to resolve the dispute informally for at least 30 days. If the dispute cannot be resolved informally, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware. Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise.

Class action waiver: You agree to resolve disputes on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.

16. Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice within the Service at least 14 days before the changes take effect. Material changes include, but are not limited to: modifications to limitation of liability, dispute resolution, or pricing. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service and close your account.

17. Contact

If you have questions about these Terms, contact us at: