PART I — DISCLAIMER & TERMS OF USE

1. Agreement & Parties

These Terms of Use, together with The Mentor Esq. Pledge below and any documents expressly incorporated by reference (collectively, this “Agreement”), form a binding contract between The Mentor Esq Inc., a corporation (“The Mentor Esq,” “Company,” “we,” “us,” or “our”), and you, the individual and any firm, entity, or organization on whose behalf you act (“you,” “your,” or “User”).

“Illuminate” or the “Service” means the Illuminate AI platform and any related applications, models, prompts, knowledge bases, databases, templates, workflows, documentation, content, updates, and services made available by Company, whether accessed through a website, application, integration, or otherwise.

By scrolling through this Agreement and clicking “I Agree,” you accept this Agreement in its entirety. If you do not agree, do not access or use Illuminate.

2. Eligibility & Authority

You represent and warrant that: (a) you are at least eighteen (18) years old; (b) you are an attorney duly licensed and in good standing in at least one United States jurisdiction, or a paralegal, law clerk, law student, legal assistant, or other legal professional working under the direct supervision of such an attorney, or another person expressly authorized in writing by Company to access the Service; (c) you have full power and authority to enter into this Agreement; and (d) if you access Illuminate on behalf of a law firm, employer, or other entity, you have authority to bind that entity to this Agreement, and “you” includes that entity.

3. No Attorney–Client Relationship; Not Legal Advice

ILLUMINATE DOES NOT PROVIDE LEGAL ADVICE, AND NO ATTORNEY–CLIENT RELATIONSHIP IS CREATED BY YOUR USE OF IT.

Company provides software and technology. It does not provide legal representation, legal advice, or legal services to you or to your clients. Nothing generated by, contained in, or accessible through Illuminate is legal advice, and nothing in the Service should be relied upon as a substitute for the advice of counsel licensed in the relevant jurisdiction.

Smiley & Smiley, LLP and Andrew J. Smiley, Esq. make training materials, methodologies, commentary, forms, and educational content available in connection with Illuminate. In doing so they act solely as content contributors and technology collaborators — not as your lawyers. No attorney–client relationship, and no duty of care, fiduciary duty, or duty of loyalty of any kind, is created between you (or your clients) and The Mentor Esq Inc., Smiley & Smiley, LLP, or Andrew J. Smiley, Esq. by reason of your access to or use of the Service, your submission of information to it, or your receipt of any output from it. Do not send us information you regard as confidential in the expectation that a professional relationship exists; none does.

Company does not, and will not, represent you or your clients in any matter, will not appear in any matter, and assumes no responsibility for the conduct, outcome, timeliness, or disposition of any matter in which Illuminate is used.

4. Nature and Limits of AI Output

Illuminate is powered by generative artificial intelligence and large language models. You acknowledge and agree that you understand the following, each of which is material to this Agreement:

• Output can be wrong. AI systems generate statistically probable text. They do not “know” the law and do not check their own work. Output may be inaccurate, incomplete, internally inconsistent, outdated, or wholly fabricated.
• Citations can be invented. Generative AI is known to produce non-existent cases, incorrect reporter citations, misquoted or misattributed holdings, fictitious statutes, rules and regulations, and false non-legal references, including medical, scientific, financial, engineering, and journalistic sources. Fabricated authority is a documented failure mode of this technology, not an anomaly.
• Law changes; models lag. Output may not reflect recent amendments, decisions, rule changes, or jurisdictional differences. It may state the law of the wrong jurisdiction. Deadlines, limitations periods, notice requirements, and filing rules generated by the Service must never be relied upon without independent confirmation.
• Output is not reproducible. The same prompt may yield different answers at different times. Output is probabilistic, not deterministic.
• No completeness. Illuminate may omit dispositive authority, defenses, claims, parties, or issues. Silence from the Service is not evidence that something does not exist.
• Bias and error. Underlying models may reflect biases, errors, or gaps in their training data.
• No monitoring. Company does not review, approve, or supervise the output you receive or what you do with it.

5. Your Duty to Verify

YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL OUTPUT BEFORE ANY USE.

You agree that before you file, serve, submit, transmit, publish, or otherwise rely on any Illuminate output — in whole or in part, and whether or not you have edited it — you will independently confirm its accuracy against primary, authoritative sources. This includes, without limitation, reading every cited authority in full and in original form, confirming that each authority exists, is correctly quoted, remains good law, and actually supports the proposition for which it is offered; and independently confirming all non-legal citations, data, calculations, dates, deadlines, names, and factual assertions.

You further agree that you will not present Illuminate output to any court, tribunal, arbitrator, mediator, adversary, government agency, insurer, client, or third party as your own work product without first performing that verification and applying your own professional judgment.

6. A Tool, Not a Substitute

You acknowledge and agree that Illuminate is a tool for lawyers and legal professionals and is not a substitute for your own legal obligations, professional judgment, competence, diligence, supervision, or independent research.

Your professional and ethical duties are unaffected by your use of the Service. Those duties include, without limitation and as applicable in your jurisdiction, the duties of competence and technological competence, diligence, communication, confidentiality, candor toward the tribunal, reasonable fees, supervision of lawyers and non-lawyer assistants, and avoidance of the unauthorized practice of law. In New York, see, e.g., N.Y. Rules of Professional Conduct 1.1, 1.4, 1.5, 1.6, 3.3, 5.1, 5.3, and 5.5; see also ABA Formal Opinion 512 (July 29, 2024) (generative AI tools), NYC Bar Formal Opinion 2024-5 (generative AI in the practice of law), and the Report and Recommendations of the NYSBA Task Force on Artificial Intelligence (April 2024). Company does not undertake to advise you on your professional obligations, and these references are provided for convenience only and are not legal advice. It is your responsibility to know and follow the rules that govern you.

Illuminate is not a docketing system, calendaring system, conflicts system, or system of record. Do not use it as one.

7. Confidentiality & Client Information

You are solely responsible for determining what information you submit to Illuminate and whether doing so is consistent with your professional obligations, your engagement agreements, any protective order or confidentiality agreement, and applicable law.

You represent and warrant that, before submitting any client confidential information, privileged material, or personal information to the Service, you have (a) evaluated whether such submission is permitted under your duty of confidentiality, (b) obtained informed client consent to the extent your professional obligations require it, and (c) confirmed that no court order, protective order, statute, regulation, or contract prohibits such submission. You will not submit information that is sealed, subject to a protective order restricting disclosure to third-party systems, or otherwise legally restricted.

Do not submit: material you are not authorized to disclose; classified or export-controlled information; protected health information subject to HIPAA unless a business associate agreement is then in effect between you and Company expressly covering the Service; payment card data; Social Security numbers, financial account numbers, or government identification numbers that are not necessary to your use; or the personal information of any individual where you lack a lawful basis to process it.

COMPANY MAKES NO REPRESENTATION THAT SUBMISSION OF INFORMATION TO THE SERVICE PRESERVES THE ATTORNEY–CLIENT PRIVILEGE, THE WORK-PRODUCT DOCTRINE, OR ANY OTHER PRIVILEGE, IMMUNITY, OR PROTECTION AGAINST DISCLOSURE.

You assume all risk of waiver, loss of privilege, and loss of confidentiality arising from your use of the Service.

8. Data, Privacy & Third-Party Models

Company’s collection and handling of information is described in its Privacy Policy, which is incorporated into this Agreement by reference. You acknowledge that Illuminate operates in part through third-party artificial-intelligence model providers, hosting providers, and other subprocessors, and that your inputs and outputs may be transmitted to and processed by those providers subject to their own terms and security practices. Company does not control, and is not responsible for, the practices, availability, output, or security of third-party providers.

Company may process inputs and outputs as necessary to operate, secure, support, troubleshoot, and improve the Service, and may retain records of usage. Company may use de-identified and aggregated data to improve the Service. Company will not sell your client confidential information.

You are responsible for maintaining your own copies and backups of anything you need. Company does not guarantee retention, availability, or recoverability of any content, chat history, matter, upload, or output, and may delete data in accordance with its retention practices or upon termination.

You are responsible for the security of your credentials and your devices, for restricting access to authorized personnel, and for all activity occurring under your account. Notify Company promptly of any suspected unauthorized access.

9. Court Rules & Disclosure Obligations

A growing number of courts, judges, and tribunals have adopted standing orders, local rules, or certification requirements addressing the use of generative artificial intelligence in filings, including requirements to disclose AI use and to certify that all citations have been verified. Requirements vary by jurisdiction, court, and individual judge, and change frequently.

You are solely responsible for identifying and complying with every such requirement applicable to any matter in which you use Illuminate, and for any sanction, fine, referral, disqualification, adverse ruling, or disciplinary consequence resulting from non-compliance, from the submission of inaccurate or fabricated authority, or from any other use of the Service. Company does not monitor, track, or advise on those requirements.

10. Acceptable Use

You agree that you will not, and will not permit any other person to:

• use the Service to engage in the unauthorized practice of law, or to provide legal advice to any person you are not authorized to advise;
• make the Service, or output from it, available to consumers, non-lawyers, or the general public as legal advice or as a legal-services product;
• submit any output to a court or adversary without the verification described in Sections 5 and 9;
• use the Service for any unlawful, fraudulent, deceptive, harassing, defamatory, or infringing purpose, or to violate any person’s rights;
• share, resell, sublicense, rent, timeshare, or otherwise make the Service available to any third party, or share account credentials;
• copy, scrape, crawl, harvest, mirror, reverse engineer, decompile, disassemble, or attempt to derive the source code, models, weights, system prompts, prompt libraries, knowledge base, or underlying structure of the Service;
• use the Service or its output to develop, train, fine-tune, benchmark, or improve any competing artificial-intelligence model, dataset, or product;
• circumvent or attempt to circumvent any usage limit, access control, security measure, filter, or safeguard;
• introduce malware or any harmful code, or interfere with or unduly burden the Service’s operation or infrastructure; or
• misrepresent output as having been reviewed, verified, endorsed, or approved by Company, Smiley & Smiley, LLP, or Andrew J. Smiley, Esq.

Company may investigate suspected violations and may suspend or terminate access at any time, with or without notice, for conduct it reasonably believes violates this Agreement or exposes Company or others to risk.

11. Intellectual Property & License

Company property. Illuminate, including all software, models, prompt engineering, curated knowledge bases, databases, templates, forms, checklists, training content, methodologies, documentation, trademarks, service marks, logos, trade dress, and the names “Illuminate,” “The Mentor Esq,” and associated marks, is and remains the exclusive property of Company and its licensors, and is protected by copyright, trademark, trade secret, and other laws. No rights are granted except as expressly stated here.

License to you. Subject to your compliance with this Agreement and payment of applicable fees, Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own internal professional use in your law practice, during the term of your subscription or authorized access.

Your content. As between you and Company, you retain all rights in the materials you submit (“User Content”). You grant Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and process User Content solely as necessary to provide, secure, support, and improve the Service and as otherwise permitted by the Privacy Policy. You represent and warrant that you have all rights necessary to submit User Content and to grant this license.

Output. Subject to your compliance with this Agreement, Company assigns to you whatever rights it may have in the output generated for you. You acknowledge that output may not be eligible for copyright protection, that similar or identical output may be generated for other users, and that Company makes no representation that output does not infringe the rights of any third party.

Feedback. If you provide suggestions, ideas, or feedback, you grant Company a perpetual, irrevocable, royalty-free right to use them without restriction or compensation.

12. Accounts, Fees & Free Access

Certain access to Illuminate may be offered free of charge, on a trial, beta, evaluation, or promotional basis. Free, trial, and beta access is provided as is and may be modified, limited, suspended, or discontinued at any time without notice or liability. Beta features may be unstable and unsupported.

Paid subscriptions are governed by the plan, pricing, and billing terms presented at the time of purchase. Unless otherwise stated in writing or required by law, fees are non-refundable, subscriptions renew automatically until cancelled, and you are responsible for all applicable taxes. Company may change pricing prospectively upon notice.

13. Disclaimer of Warranties

THE SERVICE, ALL CONTENT, AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, ERROR-FREE, LEGALLY SUFFICIENT, SUITABLE FOR ANY MATTER, OR FREE OF FABRICATED CITATIONS OR AUTHORITY; THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY RESULT WILL BE ACHIEVED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the above exclusions apply to the fullest extent permitted by law.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY, SMILEY & SMILEY, LLP, ANDREW J. SMILEY, ESQ., OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, OR SUCCESSORS (COLLECTIVELY, THE “PROTECTED PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CLIENTS, DATA, GOODWILL, OR REPUTATION, OR FOR ANY LEGAL MALPRACTICE CLAIM, DISCIPLINARY PROCEEDING, SANCTION, FINE, ADVERSE RULING, DISMISSAL, DISQUALIFICATION, MISSED DEADLINE, LOST CLAIM OR DEFENSE, OR LOST CASE, ARISING OUT OF OR RELATING TO THE SERVICE, ANY OUTPUT, OR THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO COMPANY FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

These limitations are an essential basis of the bargain between the parties and apply even if a limited remedy fails of its essential purpose. Nothing in this Agreement limits liability that cannot be limited under applicable law, including liability for fraud, gross negligence, or willful misconduct.

15. Indemnification & Hold Harmless

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE MENTOR ESQ INC., SMILEY & SMILEY, LLP, AND ANDREW J. SMILEY, ESQ., TOGETHER WITH EACH OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, INSURERS, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, INVESTIGATIONS, GRIEVANCES, LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, SANCTIONS, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, EXPERT FEES, AND COSTS OF DEFENSE) ARISING OUT OF OR RELATING IN ANY WAY TO:

1. your access to or use of, or inability to use, Illuminate;
2. any output you filed, served, submitted, transmitted, published, or relied upon, including any output containing inaccurate, incomplete, or fabricated citations, authorities, quotations, or facts;
3. your failure to verify output as required by this Agreement;
4. your breach of this Agreement or of any representation or warranty you made in it;
5. your violation of any law, rule, regulation, court order, standing order, protective order, or professional or ethical obligation;
6. your User Content, including any claim that it infringes or misappropriates the rights of a third party or was submitted without authorization;
7. any claim by a client, former client, prospective client, adversary, court, tribunal, disciplinary authority, insurer, or other third party relating to your professional services or to your use of Illuminate in connection with them; and
8. the acts or omissions of anyone accessing Illuminate through your account.

Company will notify you of any claim subject to indemnification and may, at its option and expense, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully. You may not settle any such matter in a manner that imposes any obligation or admission on an Indemnified Party without that party’s prior written consent.

This Section survives termination of this Agreement.

16. Covenant Not to Sue & Release

YOU IRREVOCABLY COVENANT AND AGREE THAT YOU WILL NOT COMMENCE, PROSECUTE, MAINTAIN, JOIN, FUND, OR VOLUNTARILY ASSIST IN ANY LAWSUIT, ACTION, COMPLAINT, CROSS-CLAIM, THIRD-PARTY CLAIM, OR OTHER PROCEEDING IN ANY COURT, AGENCY, OR FORUM AGAINST THE MENTOR ESQ INC., SMILEY & SMILEY, LLP, OR ANDREW J. SMILEY, ESQ., OR ANY OTHER INDEMNIFIED PARTY, ARISING OUT OF OR RELATING IN ANY WAY TO ILLUMINATE, ANY OUTPUT, OR THIS AGREEMENT.

This covenant does not bar you from initiating an individual arbitration proceeding as expressly provided in Section 18, from participating in a proceeding brought by a governmental or disciplinary authority where you are legally compelled to do so, or from asserting any claim that may not be waived as a matter of law.

YOU FURTHER RELEASE AND FOREVER DISCHARGE THE INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, AND LIABILITIES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, EXISTING AS OF THE DATE YOU ACCEPT THIS AGREEMENT OR ARISING THEREAFTER, THAT ARISE OUT OF OR RELATE TO ILLUMINATE, ANY OUTPUT, OR THIS AGREEMENT

— provided that this release does not extend to any claim arising from fraud, gross negligence, or willful misconduct, or to any claim that cannot lawfully be released. You acknowledge that you may later discover facts different from or in addition to those you now know or believe to be true, and you nevertheless intend this release to be a full and final release as to the matters described.

17. Governing Law

This Agreement, and any dispute, claim, or controversy arising out of or relating to it, Illuminate, or any output — whether sounding in contract, tort, statute, or otherwise — is governed by and construed in accordance with the internal laws of the State of New York, without regard to any conflict-of-laws principle that would apply the law of another jurisdiction. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of Section 18.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. Mandatory Arbitration; Class Action & Jury Trial Waivers

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND LIMITS HOW YOU CAN SEEK RELIEF.

18.1 Agreement to Arbitrate

Binding arbitration seated in the State of New York is the sole and exclusive means of adjudicating any dispute between you and Company or any other Indemnified Party. Any dispute, claim, or controversy arising out of or relating to this Agreement, Illuminate, any output, your account, or the relationship between the parties — including questions of this Agreement’s formation, scope, interpretation, breach, enforceability, arbitrability, revocability, or termination — will be resolved exclusively by final and binding arbitration and not in a court of law.

18.2 Rules, Forum & Arbitrator

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect (or, where the AAA determines its Consumer Arbitration Rules apply, under those rules), as modified by this Agreement. The arbitration will be conducted before a single arbitrator who is a retired judge or an attorney with substantial experience in commercial and technology disputes. The seat, situs, and legal place of arbitration is New York County, State of New York, and any in-person hearing will be held there unless the parties agree otherwise or the arbitrator orders a remote or documents-only proceeding. The arbitrator will apply New York substantive law and this Agreement’s limitations of liability, and will have authority to award only such relief as a court could award to that individual claimant.

18.3 Class, Collective & Representative Action Waiver

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, AND MAY NOT AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTIES BEFORE THE ARBITRATOR.

If this paragraph is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction located in New York County, New York, and all remaining claims will proceed in arbitration.

18.4 Jury Trial Waiver

YOU AND COMPANY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, ILLUMINATE, OR ANY OUTPUT.

18.5 Limited Exceptions

Either party may (a) seek temporary or preliminary injunctive relief in a state or federal court located in New York County, New York, solely to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights pending the arbitrator’s determination, and (b) bring an individual claim in a small-claims court located in New York County, New York, if the claim qualifies and remains in that court on an individual basis.

18.6 Informal Resolution

Before initiating arbitration, the initiating party will send a written notice of dispute to the other, describing the claim and the relief sought, and the parties will attempt in good faith to resolve the matter for sixty (60) days. Notice to Company must be sent to the address in Section 22.

18.7 Costs, Confidentiality & Award

Filing, administrative, and arbitrator fees will be allocated as provided in the applicable AAA rules. Each party bears its own attorneys’ fees except where a statute or this Agreement provides otherwise or the arbitrator determines a claim or defense was frivolous. The arbitration, all submissions, and the award will be kept confidential except as necessary to enforce or challenge the award or as required by law. Judgment on the award may be entered in any court of competent jurisdiction, and for that limited purpose you consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.

18.8 Time to Bring a Claim

To the fullest extent permitted by law, any claim arising out of or relating to this Agreement, Illuminate, or any output must be filed within one (1) year after the claim accrues, or it is permanently barred.

18.9 Survival & Severability

This Section 18 survives termination of this Agreement and the termination of your account. If any portion of this Section other than Section 18.3 is found unenforceable, that portion will be severed and the remainder enforced.

19. Term, Suspension & Termination

This Agreement applies from your first access to Illuminate and continues until terminated. You may terminate by ceasing all use and closing your account. Company may suspend or terminate your access at any time, with or without cause and with or without notice, including for breach of this Agreement, suspected misuse, non-payment, legal or regulatory reasons, or discontinuation of the Service. Upon termination, your license ends immediately and Company may delete your data. Sections 3–11 and 13–21, and any other provision that by its nature should survive, survive termination.

20. Changes to These Terms

Company may modify this Agreement from time to time. When it does, it will update the version and effective date above and, for material changes, provide reasonable notice (which may include in-product notice, email, or a renewed acceptance screen). Changes are effective upon posting unless stated otherwise. Your continued access to or use of Illuminate after the effective date constitutes acceptance of the modified Agreement. If you do not agree, you must stop using the Service. Company may also modify, suspend, or discontinue any part of the Service at any time.

21. General Provisions

Entire agreement. This Agreement, together with the Privacy Policy and any order form or plan terms, is the entire agreement between the parties regarding Illuminate and supersedes all prior or contemporaneous understandings, representations, and communications on the subject. Any conflicting or additional terms in your own purchase order, engagement letter, vendor form, or outside-counsel guidelines are rejected and of no effect unless signed by an authorized officer of Company.

Severability. If any provision is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed; the remaining provisions remain in full force and effect. Section 18.3 is subject to Section 18.3’s own severability rule.

No waiver. No failure or delay in exercising any right operates as a waiver, and no waiver is effective unless in writing and signed by the waiving party.

Assignment. You may not assign or transfer this Agreement or any rights under it, by operation of law or otherwise, without Company’s prior written consent; any attempted assignment is void. Company may assign this Agreement freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

Relationship. The parties are independent contractors. Nothing creates a partnership, joint venture, employment, franchise, agency, or fiduciary relationship.

Third-party beneficiaries. Smiley & Smiley, LLP, Andrew J. Smiley, Esq., and the other Indemnified Parties and Protected Parties are intended third-party beneficiaries of Sections 3, 13, 14, 15, 16, 17, and 18 and may enforce those Sections directly. There are no other third-party beneficiaries.

Force majeure. Company is not liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental action, epidemic, utility or internet failure, cyberattack, or the acts, failures, outages, or changes in policy of third-party model, cloud, or infrastructure providers.

Notices. Company may give notice by email to the address associated with your account, by posting in the Service, or by mail. You consent to receive notices and disclosures electronically.

Electronic contracting. You agree that your click of “I Agree” constitutes your electronic signature and manifests your assent to this Agreement, and that this Agreement is enforceable to the same extent as a signed writing under the federal E-SIGN Act, New York’s Electronic Signatures and Records Act, and any other applicable law. You agree that Company’s records of your acceptance, including date, time, version, and session information, are admissible evidence of that acceptance.

Export & sanctions. You represent that you are not located in, and are not a national or resident of, any country or on any list subject to United States embargo or sanctions, and that you will comply with all applicable export-control laws.

Headings; construction. Headings are for convenience only. “Including” means “including without limitation.” This Agreement will not be construed against the drafter.

22. Contact

Questions about this Agreement, or notices required under it, may be directed to:

The Mentor Esq Inc.

Attn: Legal — Illuminate

Email: support@illuminatelaw.ai

23. Acknowledgment & Assent

By clicking “I Agree,” you acknowledge and affirm each of the following:

1. You have scrolled through, been given a fair opportunity to read, and have read and understood this entire Agreement, including The Mentor Esq. Pledge in Part II.
2. You understand that Illuminate can be wrong and can make mistakes, and, as an ethical lawyer, you pledge to check the accuracy of Illuminate’s work — including all legal and non-legal citations and references — before submitting it to any court or adversary.
3. You agree to indemnify and hold harmless The Mentor Esq Inc., Smiley & Smiley, LLP, and Andrew J. Smiley, Esq., and you covenant not to sue them, as set forth in Sections 15 and 16.
4. You agree that binding arbitration seated in the State of New York is the sole form of adjudication of any dispute, that New York law controls, and that you waive any right to a jury trial and to participate in any class or representative action, as set forth in Sections 17 and 18.
5. You understand that Illuminate is a tool for lawyers and is not a substitute for your own legal obligations, professional judgment, or independent research.
6. You are entering into this Agreement freely, and you have had the opportunity to consult independent counsel of your choosing before doing so.

© 2026 The Mentor Esq Inc. All rights reserved. Illuminate™ and The Mentor Esq™ are trademarks of The Mentor Esq Inc. Version 1.0 — Effective August 3, 2026.