Consumer Terms of Service

Deposition Prep by Cross Matter™ — Consumer Terms of Service

Effective date: Upon publication Product: Deposition Prep by Cross Matter (“Deposition Prep,” the “Service”) Provider: Converge Health LLC, a Minnesota limited liability company (“Converge Health,” “Cross Matter,” “we,” “us,” “our”)

1. This Is a Binding Agreement — Read It Before You Pay

These Consumer Terms of Service (the “Terms”) are a binding contract between you and Converge Health governing your purchase and use of Deposition Prep. You accept these Terms when you check the box and complete your purchase, and again each time you check the acknowledgment box before starting a practice session. If you do not agree, do not purchase or use the Service.

These Terms include a class-action waiver and an arbitration agreement (Section 15), a “no refunds / all sales final” policy (Section 8), and an automatic-renewal authorization for the monthly plan (Section 7). Please read those sections carefully.

You represent that you are at least 18 years old, are using the Service for your own personal use within the United States, and are able to enter into a binding contract.

2. What Deposition Prep Is — and What It Is Not

Deposition Prep is a self-service educational tool that lets you practice answering realistic, adversarial deposition-style questions built from records you choose to use, receive feedback on the clarity and communication quality of your answers, and generate a cited timeline of your case for your own preparation.

Deposition Prep provides general educational information about depositions. It is not legal advice, it is not a substitute for a lawyer, and your use of it does not create an attorney-client relationship with Converge Health or anyone associated with it. Converge Health is not a law firm and does not practice law.

The Service does not tell you what facts to testify to, what to say, or whether any answer is legally advantageous. Its feedback evaluates how clearly you communicate, not the legal merits of your testimony. Any example or suggested wording is illustrative only; use it only if it accurately reflects your own memory and personal knowledge, and never otherwise.

If you have a lawyer, always follow your lawyer’s advice if it differs from anything in the Service. If you do not have a lawyer, consider consulting one before your deposition. Only you and your attorney can decide how you should prepare for or give testimony.

3. No Outcome Promises

Deposition preparation is inherently uncertain and depends on facts, testimony, and circumstances outside our control. We do not promise any particular result, and practicing with the Service does not guarantee any outcome in any deposition, case, or proceeding. The adversarial questions are simulated and may not match the questions you are actually asked. You are solely responsible for your own testimony and decisions.

4. Your Records and Content

Your uploads. You may upload records and documents to use as sources (“Your Content”). You represent and warrant that you have the right to upload and use Your Content, and that doing so does not violate any law, court order, protective order, or another person’s rights. You are responsible for Your Content.

Sensitive and health information. You may choose to upload your own medical, billing, or other sensitive records. You do so voluntarily and at your own election. Where you upload your own health information as an individual, you understand that HIPAA’s business-associate framework generally does not apply, and that our handling of that information is governed by these Terms and our Privacy Policy (www.crossmatter.com/legal), including any applicable consumer-health-data laws.

License to operate the Service. You grant Converge Health a limited, non-exclusive license to host, process, and analyze Your Content solely to provide the Service to you. We do not sell Your Content, and we do not use it to train models for other customers.

How we handle it (privacy by design). Your live practice inputs — what you type during a session — are not stored; only a report you choose to generate is retained, and you can delete it. If your pass or subscription lapses, we retain your uploaded records and generated reports for 30 days so you can renew and pick up where you left off; after 30 days they are permanently deleted. You can request deletion sooner from your account. Full details are in our Privacy Policy (www.crossmatter.com/legal), which is incorporated into these Terms by reference.

5. Your Account and One-Account Rule

You must provide accurate information and keep your login secure. You are responsible for activity under your account. One person, one account. You may not create multiple or additional accounts to obtain additional free access, to circumvent usage limits or pass expirations, or to obtain repeated refunds (see Sections 8 and 6). You may not share, sell, or transfer your account or access.

6. Acceptable Use

You will not, and will not permit anyone to:

• use the Service to provide legal advice to others, or resell, sublicense, or make the Service available to anyone other than yourself;
• upload content you do not have the right to use, or that contains another person’s protected information in violation of law or a court order;
• reverse engineer, scrape, or use bots or automated means to access the Service, or copy or extract its questions, prompts, or outputs to build or train a competing product;
• probe, circumvent, or test the security of the Service except under our prior written authorization;
• create multiple accounts, use false identities, or otherwise abuse the free, trial, refund, or renewal mechanics; or
• use the Service for any unlawful, infringing, deceptive, or harmful purpose.

We may suspend or terminate your access, and deny or reverse refunds, for any violation of this Section.

7. Plans, Passes, Billing, and Automatic Renewal

Current offerings. (Prices and durations as presented at checkout control.)

One-time passes (“Prep Pass,” “Prep + Timeline”) are single purchases for a fixed access period. They do not auto-renew and simply expire at the end of the period. You may buy another pass at any time.

Automatic renewal (Keep It Going). By enrolling in the monthly “Keep It Going” plan, you expressly authorize Converge Health to charge your payment method $29 (plus any applicable tax) each month until you cancel. The subscription continues automatically at the then-current price, on the same monthly billing date, until you cancel. We will disclose these terms clearly at checkout before you provide payment information, and we will separately obtain your affirmative consent to the automatic renewal.

Cancel any time. You may cancel the monthly plan at any time, online and immediately, from your account settings (or by the cancellation method we present at signup). Cancellation stops the next renewal. Cancellation takes effect at the end of the current paid month; access continues until then, and partial months are not refunded (see Section 8).

Price changes. We may change plan prices or features prospectively. For the monthly plan, any price change applies to future renewals, and we will give you advance notice and the chance to cancel before it takes effect.

8. Refunds — All Sales Final

Because you receive full and immediate access to Deposition Prep the moment your purchase completes, all purchases are final and non-refundable, except as expressly stated below or as required by law.

• One-time passes (Prep Pass, Prep + Timeline). Non-refundable once purchased. Any limited refund right described below is extinguished the moment you begin using the Service — including the first time you check the acknowledgment box and start a practice session, generate a timeline or report, or otherwise access paid content.
• Monthly plan (Keep It Going). You can cancel any time to stop future charges. Amounts already charged for the current or prior months are non-refundable, and we do not prorate or refund partial months.

Limited good-faith exception. If a technical failure on our side prevents you from accessing the Service and our support team cannot resolve it within a reasonable time, contact us at https://www.crossmatter.com/support within 7 days of purchase and before you have substantially used the Service. Where we agree a refund is warranted, we may at our option provide a time extension or account credit instead of a cash refund.

Limits and anti-abuse. - Refunds, where given, are limited to one per person, and we may decline any refund request that we determine in good faith is part of a pattern of repeated purchase-use-refund activity, multiple-account activity, or other abuse. - Creating additional accounts to re-obtain access or to seek repeated refunds is a breach of these Terms (Sections 5 and 6) and voids any refund eligibility. –

Chargebacks. If you dispute a charge with your card issuer instead of contacting us, you materially breach these Terms. We may suspend or terminate your account, and we reserve the right to contest the dispute and recover amounts you owe. Please reach us first at www.crossmatter.com/support; we would rather resolve it directly.

9. Intellectual Property

The Service — including its software, question generation, prompts, feedback framework, the Cross Matter™ and Converge Health names and marks, and the design and “look and feel” — is owned by Converge Health or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service and the reports you generate for your own personal deposition preparation. You retain ownership of Your Content. You may not use our names or marks without our prior written consent.

10. Third-Party Services

We use third-party providers (for example, payment processing and cloud infrastructure) to operate the Service. Your payment information is handled by our payment processor under its own terms; we do not store full card numbers.

11. Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Converge Health disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement, and does not warrant that the Service will be uninterrupted, secure, error-free, or that its questions, feedback, or timelines will be complete or accurate. The Service is educational and is not legal advice (see Section 2). You rely on it at your own discretion and risk.

12. Limitation of Liability

To the fullest extent permitted by law:

• Converge Health will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost data, or damages arising from your reliance on the Service, your testimony, or the outcome of any deposition or proceeding, even if advised of the possibility.
• Converge Health’s total cumulative liability arising out of or relating to the Service and these Terms will not exceed the greater of (a) the total amount you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) fifty U.S. dollars (US$50).

13. Indemnification

You will indemnify and hold harmless Converge Health from any third-party claim, and any resulting loss, arising out of (a) Your Content or your right to upload it, (b) your misuse of the Service, (c) your violation of these Terms or any law, or (d) your testimony or conduct in any proceeding. This does not apply to the extent a claim results from Converge Health’s own gross negligence or willful misconduct.

14. Suspension and Termination

We may suspend or terminate your access at any time for breach of these Terms, suspected fraud or abuse, or to comply with law. You may stop using the Service at any time. Termination for your breach does not entitle you to a refund. Sections 2, 3, 8, 11, 12, 13, 15, and 16 survive termination.

15. Dispute Resolution — Informal Resolution First, Then Arbitration; Class-Action Waiver

Please read this Section carefully. It affects how disputes are resolved and includes a class-action waiver. It contains a 30-day opt-out.

(a) Talk to us first. Before starting any formal proceeding, you agree to contact us at [email protected] and give us 30 days to resolve the dispute informally. Most issues can be resolved this way.

(b) Small-claims carve-out. Either party may bring an individual claim in small-claims court instead of arbitration, if it qualifies. Given the price of the Service, this is usually the fastest and cheapest path for an individual dispute, and we encourage it.

(c) Binding arbitration. Except for the small-claims option in (b) and claims for injunctive or intellectual-property relief, any dispute that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and Mass Arbitration Supplementary Rules, each as then in effect, seated in Minnesota. We will pay the arbitration filing and administrative fees for any claim as required by the provider’s consumer rules.

(d) Class-action and jury waiver. You and Converge Health agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding. Both parties waive any right to a jury trial.

(e) Mass-arbitration batching. If 25 or more similar arbitration demands are filed by or with the coordination of the same counsel, the parties agree they will be administered in staged batches (with a small number of bellwether cases resolved first, then negotiated or mediated resolution of the remainder) to keep the process efficient and fair.

(f) 30-day opt-out. You may opt out of this arbitration agreement and class-action waiver by emailing [email protected] within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect the rest of these Terms; disputes would then proceed in the courts identified in Section 16.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration (including if you opt out under Section 15(f), and for the small-claims and injunctive/IP carve-outs), you consent to the exclusive jurisdiction and venue of the state and federal courts located in Hennepin County, Minnesota, and waive any objection to that venue, except where applicable consumer law gives you the right to bring a claim in your home jurisdiction.

17. Changes to These Terms

We may update these Terms. We will post the updated Terms with a new effective date and, for material changes, provide reasonable notice. Changes do not apply retroactively to a dispute already arisen. Your continued use after an update, or your next purchase or renewal, constitutes acceptance to the extent permitted by law.

18. General

These Terms and the Privacy Policy (www.crossmatter.com/legal) are the entire agreement between you and Converge Health regarding the Service and supersede prior understandings on that subject. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision is limited to the minimum extent necessary. The class-action waiver in Section 15(d) is not severable from the arbitration agreement: if the class-action waiver is held unenforceable, then Section 15’s arbitration agreement is void in its entirety and disputes proceed under Section 16. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a corporate transaction.

19. Contact

Converge Health LLC 330 S Second Avenue, Suite 200-1028 Minneapolis, MN 55401 Legal: [email protected]

Related consumer document: Privacy Policy. This Consumer Terms of Service governs the self-service Deposition Prep product only. Business/enterprise use of the Cross Matter platform is governed by the separate Master Services Agreement, Order Form, Business Associate Agreement, and Data Processing Agreement.