Last Updated: October 30, 2025

Welcome to D.A.R.A. (Digital Assistant for Revenue Acceleration), a proprietary legal billing management application developed by T.O.S. Automations for Fischetti Law Group. These Terms and Conditions ("Terms") govern your access to and use of the D.A.R.A. platform.

IMPORTANT: By accessing or using D.A.R.A., you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the application.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you (the "User"), Fischetti Law Group (the "Client"), and T.O.S. Automations (the "Developer"). Your use of D.A.R.A. signifies your acceptance of these Terms in their entirety.

2. Description of Service

D.A.R.A. is a specialized legal billing management platform that provides the following functionality:

Automated document processing and data extraction from billing documents

Intelligent matching of extracted data to internal case records

Generation of compliant demand letters with automated field population

Case tracking and management with audit trails

Payment tracking and follow-up flag management

Insurer database management and matching capabilities

3. Access and Authorization

3.1 Restricted Access

D.A.R.A. is a proprietary system with access restricted exclusively to authorized personnel of Fischetti Law Group. Access credentials are non-transferable and must not be shared with unauthorized individuals.

3.2 User Authentication

Users must authenticate via Google OAuth using their authorized Google account. You are responsible for maintaining the confidentiality of your authentication credentials and for all activities that occur under your account.

3.3 Account Security

You must immediately notify T.O.S. Automations and Fischetti Law Group management if you become aware of any unauthorized access to your account or any other security breach.

3.4 Revocation of Access

Fischetti Law Group reserves the right to suspend or terminate your access to D.A.R.A. at any time, with or without cause or notice. Upon termination of employment or authorization, your access will be immediately revoked.

4. Acceptable Use Policy

4.1 Permitted Use

You may use D.A.R.A. solely for legitimate business purposes related to legal billing management for Fischetti Law Group. This includes:

Processing billing documents for active cases

Generating demand letters for outstanding balances

Tracking case progress and payment status

Maintaining accurate records and audit trails

4.2 Prohibited Use

You agree NOT to:

Use D.A.R.A. for any purpose outside the scope of Fischetti Law Group's legal billing operations

Attempt to access, modify, or interfere with the application's source code, infrastructure, or security measures

Upload malicious files, viruses, or harmful code

Attempt to reverse engineer, decompile, or disassemble any portion of the application

Use automated scripts or bots to interact with the system (except as designed by the application itself)

Extract or scrape data for purposes unrelated to legitimate case management

Share, sell, or distribute access credentials to unauthorized parties

Tamper with, modify, or delete audit logs or system records

Use the system to process documents unrelated to legal billing matters

Violate any applicable laws, regulations, or professional ethics rules

5. Data Ownership and Intellectual Property

5.1 Application Ownership

Fischetti Law Group owns all rights, title, and interest in the D.A.R.A. application, including all source code, design elements, algorithms, features, and functionality developed by T.O.S. Automations under the development agreement.

Notwithstanding the above, T.O.S. Automations (Tier One Services) retains the following rights:

Right to Edit: T.O.S. Automations maintains the right to access, modify, update, and enhance the source code for purposes of maintenance, bug fixes, feature improvements, and ongoing development as agreed upon with Fischetti Law Group.

Right to Redistribute: T.O.S. Automations retains the right to use, adapt, and redistribute the underlying methodologies, frameworks, algorithms, and general architectural approaches used in D.A.R.A. for other clients and projects, provided that:No proprietary Fischetti Law Group data, case information, or confidential business processes are includedNo client-specific customizations unique to Fischetti Law Group's operations are redistributed without consentAll confidentiality obligations regarding Fischetti Law Group's data and operations are maintained

Portfolio and Marketing Rights: T.O.S. Automations may reference D.A.R.A. as a portfolio piece and case study for marketing purposes, subject to confidentiality requirements and with appropriate anonymization of sensitive information.

5.2 Client Data Ownership

Fischetti Law Group retains all rights, title, and interest in and to:

All documents uploaded to D.A.R.A.

All case data, client information, and billing records

All generated demand letters and related output documents

All notes, comments, and metadata added by Users

5.3 License and Access Rights

As the owner of the D.A.R.A. application, Fischetti Law Group grants its authorized personnel access to use the application in accordance with these Terms. T.O.S. Automations maintains access rights to the codebase for purposes of development, maintenance, updates, and support as outlined in the service agreement between the parties.

6. User Responsibilities

6.1 Accuracy of Information

You are responsible for ensuring that all information you input into D.A.R.A. is accurate, complete, and up-to-date. While D.A.R.A. uses AI-powered extraction and validation, you must review all extracted data and generated content for accuracy before use.

6.2 Review of Generated Content

CRITICAL: All demand letters, calculated balances, and other generated content must be reviewed by qualified legal professionals before being sent to clients, insurance companies, or other third parties. D.A.R.A. is a tool to assist legal professionals, not a replacement for professional judgment.

6.3 Compliance with Legal and Ethical Standards

You agree to use D.A.R.A. in compliance with:

All applicable federal and state laws, including HIPAA, insurance regulations, and data protection laws

Florida Bar rules and attorney professional responsibility standards

Attorney-client privilege and confidentiality requirements

Statute of limitations and timing requirements for legal demands

Proper service and notice requirements

6.4 Document Verification

You must verify that uploaded documents are legitimate billing records related to active cases before processing them through D.A.R.A.

7. Attorney-Client Privilege and Confidentiality

7.1 Privileged Communications

All documents processed through D.A.R.A. may contain information protected by attorney-client privilege, attorney work product doctrine, or other legal confidentiality protections. Users must handle all data in accordance with these protections.

7.2 Maintaining Privilege

D.A.R.A. is designed to maintain attorney-client privilege through restricted access controls and secure data handling. Users must not disclose privileged information to unauthorized parties or use the system in ways that would waive privilege.

8. System Availability and Service Levels

8.1 Service Availability

While we strive to maintain continuous availability of D.A.R.A., we do not guarantee uninterrupted access. The system may be temporarily unavailable due to:

Scheduled maintenance and updates

Emergency repairs or security patches

Third-party service provider outages (Google Cloud Platform, authentication services)

Force majeure events beyond our reasonable control

8.2 Maintenance Windows

Scheduled maintenance will be communicated to Users in advance when possible. We will make reasonable efforts to minimize disruption during business hours.

8.3 Data Backup

While we implement regular backup procedures, Users should maintain independent records of critical documents and not rely solely on D.A.R.A. as the sole repository for important legal documents.

9. Limitations of Liability

9.1 Disclaimer of Warranties

D.A.R.A. is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 No Guarantee of Accuracy

While D.A.R.A. employs advanced AI and validation algorithms, we do not guarantee that:

Data extraction will be 100% accurate

Insurer matching will always identify the correct entity

Calculated balances will be free from errors

Generated demand letters will be legally sufficient or compliant

Duplicate detection will catch all duplicate entries

9.3 Limitation of Damages

To the maximum extent permitted by law, T.O.S. Automations shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising from or related to your use of D.A.R.A., whether in contract, tort, or otherwise, even if advised of the possibility of such damages.

9.4 Cap on Liability

In no event shall T.O.S. Automations' total aggregate liability exceed the amount paid by Fischetti Law Group to T.O.S. Automations in the twelve (12) months preceding the event giving rise to the claim.

9.5 Professional Responsibility

D.A.R.A. is a tool to assist legal professionals, not a substitute for professional legal judgment. Ultimate responsibility for all legal work, decisions, and communications rests with the licensed attorneys at Fischetti Law Group.

10. Indemnification

You agree to indemnify, defend, and hold harmless T.O.S. Automations, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

Your access to or use of D.A.R.A.

Your violation of these Terms

Your violation of any rights of another party

Your violation of any applicable laws or regulations

Any negligent or wrongful conduct in your use of the application

11. Data Retention and Deletion

11.1 Retention Periods

Data retention follows the policies outlined in our Privacy Policy and applicable legal requirements for law firm records. Case documents and audit trails are retained as long as necessary for legal, regulatory, and business purposes.

11.2 Right to Deletion

Upon request from authorized Fischetti Law Group management or as required by law, T.O.S. Automations will permanently delete specified data in accordance with data protection regulations and technical capabilities.

11.3 Service Termination

Upon termination of the service agreement between Fischetti Law Group and T.O.S. Automations, all Client data will be returned or securely destroyed in accordance with the parties' agreement.

12. Modifications to Service and Terms

12.1 Updates to D.A.R.A.

T.O.S. Automations reserves the right to modify, update, or discontinue features of D.A.R.A. at any time, with or without notice. We will make reasonable efforts to communicate significant changes to Users.

12.2 Changes to Terms

We may revise these Terms from time to time. Material changes will be communicated through in-application notifications or email. The "Last Updated" date at the top of this document indicates when these Terms were last revised.

12.3 Continued Use

Your continued use of D.A.R.A. after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must discontinue use of the application.

13. Third-Party Services

D.A.R.A. integrates with third-party services including:

Google Cloud Platform: For hosting, authentication, and infrastructure

Google OAuth: For user authentication

Anthropic API (Claude): For AI-powered document processing and content generation

Additional APIs: For enhanced functionality as documented in our Privacy Policy

Your use of D.A.R.A. may be subject to the terms and policies of these third-party providers. We are not responsible for the availability, functionality, or security practices of third-party services.

14. Compliance and Audit Rights

14.1 Audit Trails

D.A.R.A. maintains comprehensive audit trails of all user actions, document processing, and system events. These audit logs are essential for compliance and may not be modified or deleted by Users.

14.2 Compliance Monitoring

Fischetti Law Group and T.O.S. Automations reserve the right to monitor use of D.A.R.A. to ensure compliance with these Terms and applicable laws.

14.3 Regulatory Compliance

Both parties agree to cooperate with regulatory inquiries, audits, or investigations related to the use of D.A.R.A., subject to applicable legal protections.

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.

15.2 Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina, and the parties hereby consent to the personal jurisdiction and venue of such courts.

15.3 Informal Resolution

Before initiating formal legal proceedings, parties agree to attempt to resolve disputes through good-faith negotiation for a period of thirty (30) days.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. The unenforceable or invalid provisions shall be replaced with valid provisions that most closely reflect the original intent.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and T.O.S. Automations regarding your use of D.A.R.A. and supersede all prior or contemporaneous communications and proposals, whether oral or written.

18. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent.

20. Notice Requirements

All notices required or permitted under these Terms shall be provided to:

For T.O.S. Automations:
Email: [email protected]
Address: 3540 Toringdon Way, Suite 200, Charlotte, NC

For Fischetti Law Group:
Through designated management contacts within the firm

21. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, internet service failures, or utility interruptions.

22. Survival

The following sections shall survive termination of these Terms or your access to D.A.R.A.: Data Ownership and Intellectual Property, Limitations of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive.

Contact Information

If you have questions, concerns, or need support regarding these Terms and Conditions, please contact:

Application Developer: T.O.S. Automations
Email: [email protected]
Address: 3540 Toringdon Way, Suite 200, Charlotte, NC

Client Organization: Fischetti Law Group
For internal access and authorization questions, contact your firm administrator.

We will respond to inquiries within two (2) business days.

Acknowledgment: By using D.A.R.A., you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, and that you are an authorized user acting within the scope of your authority at Fischetti Law Group.