Terms of Service
Last Updated: January 21, 2026
These Terms of Service ("Terms") set forth the general terms and conditions that apply to your access to and use of the Cobbery eDiscovery platform and related services (the "Service") provided by Cobbery, Inc. ("Cobbery," "we," "us," or "our").
IMPORTANT: Access to the Service is provided exclusively through individual Enterprise Agreements negotiated on a case-by-case basis. These Terms serve as a baseline and are supplemented by the specific terms of your Enterprise Agreement. In the event of any conflict between these Terms and your Enterprise Agreement, the Enterprise Agreement shall control.
1. Enterprise Agreements
Access to the Service requires execution of an Enterprise Agreement between your organization and Cobbery. Enterprise Agreements are negotiated individually and may include custom terms regarding pricing, service levels, data handling, security requirements, and other provisions specific to your organization's needs. Your Enterprise Agreement will specify licensed users and access rights, data volume and storage allocations, service level commitments, custom security and compliance requirements, pricing and payment terms, data processing addenda and other regulatory requirements, and support and maintenance terms.
In the event of conflict, documents shall control in the following order of precedence: first, your Enterprise Agreement; second, any Data Processing Addendum; third, these Terms of Service; and fourth, the Privacy Policy.
2. Service Description
Cobbery provides an enterprise eDiscovery platform that enables legal teams and organizations to collect electronically stored information (ESI) from various data sources including Google Workspace, Microsoft 365, Slack, Discord, Notion, and mobile devices. The Service allows you to preserve and process collected data for litigation, investigation, or regulatory compliance purposes. You may search, analyze, and review documents using advanced filtering and AI-assisted tools, apply tags, annotations, and relevance scoring to documents, identify key players and communication patterns, and export data in standard eDiscovery formats including EDRM, load files, and native formats for use in legal proceedings or transfer to review platforms.
3. Eligibility and Account Registration
The Service is intended exclusively for enterprise use by legal professionals, law firms, corporate legal departments, and organizations conducting legitimate eDiscovery, litigation support, regulatory compliance, or internal investigation activities. Individual users must be at least 18 years old and authorized by their organization to access the Service.
By using the Service, you represent and warrant that you have the legal authority to bind your organization to these Terms and your Enterprise Agreement, to access and collect data from connected data sources for the stated eDiscovery purposes, and to grant the permissions and licenses described herein.
You are responsible for maintaining the confidentiality of all account credentials, implementing appropriate access controls within your organization, all activities that occur under accounts assigned to your organization, immediately notifying Cobbery of any suspected unauthorized access or security breach, and ensuring users complete any required training before accessing the Service.
4. Data Collection and Processing
The Service enables collection of electronically stored information from cloud platforms including Google Workspace (Gmail, Drive, and Calendar via Google Vault API), Microsoft 365 (Exchange, Teams, OneDrive, SharePoint, and Calendar), Slack (messages, files, channels, and direct messages), Discord (server data, messages, and attachments), and Notion (pages, databases, comments, and attachments). The Service also supports collection from mobile devices including SMS, MMS, and RCS messages, WhatsApp messages and attachments, Signal messages and attachments, and device contacts and call logs. Additional supported sources include direct file uploads, email archives in MBOX, PST, and EML formats, and custom integrations as specified in your Enterprise Agreement.
Data collection is initiated and controlled by authorized users within your organization. Cobbery acts as a data processor, collecting data on your behalf based on your instructions. Collection methods include OAuth-based API connections to cloud platforms, data export ingestion from platform-native export tools, mobile device companion applications, and direct file upload.
You represent and warrant that for each collection you initiate, you have proper legal authority such as a court order, legal hold, custodian consent, employment agreement, or other lawful basis to collect the data. You further represent that you have complied with all applicable notice requirements, obtained any necessary consents or authorizations, and verified that the scope of collection is proportionate and relevant to the matter. Cobbery is not responsible for verifying your legal authority to collect data, and you assume all liability for collections initiated through the Service.
5. Google User Data and API Services
Cobbery's use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. The Service accesses Google Workspace data through the Google Vault eDiscovery API to create and manage eDiscovery matters, holds, and exports. The Service also uses the Admin Directory API in read-only mode to retrieve user information for custodian identification and organizational structure for scoping collections. Cloud Storage read-only access is used to download Vault export files, and basic user info scopes are used to identify the authorizing user.
Cobbery only uses Google user data to provide and improve the eDiscovery features that are visible and prominent in the Cobbery interface. Cobbery does not transfer Google user data to third parties except as necessary to provide or improve user-facing features with user consent, for security purposes such as investigating abuse, to comply with applicable laws, or as part of a merger, acquisition, or sale of assets with explicit prior user consent.
Cobbery does not use Google user data for advertising, including retargeting, personalized ads, or interest-based advertising. Cobbery does not sell Google user data to third parties, data brokers, or information resellers. Human access to Google user data is limited to situations where the user has given affirmative agreement, security investigations, legal compliance requirements, and aggregated internal operations in accordance with applicable law.
6. Data Storage and Security
Collected data is stored on enterprise-grade cloud infrastructure with geographically distributed data centers providing redundancy, encryption at rest using AES-256 encryption, encryption in transit using TLS 1.2 or higher, logical separation of customer data, and regular automated backups.
Cobbery implements and maintains security measures appropriate for processing sensitive legal data. These measures include multi-factor authentication for all user accounts, role-based access controls, audit logging of all system access and user actions, regular vulnerability assessments and penetration testing, incident response procedures, employee background checks and security training, and SOC 2 Type II compliance or alternative certifications as specified in your Enterprise Agreement.
Each customer's data is logically isolated from other customers. Access to your data is restricted to authorized users within your organization, Cobbery personnel with a legitimate need for support or maintenance purposes, and third parties only as authorized by you or required by law.
You are responsible for configuring appropriate access controls and permissions within the Service, managing user accounts and promptly revoking access for departed personnel, implementing appropriate security practices within your organization, and notifying Cobbery of any security incidents that may affect the Service.
7. Data Retention and Deletion
Data remains in the Service while your Enterprise Agreement is active and you maintain the associated matter or case. Upon closure of a matter within the Service, you may export all associated data, request deletion of the data, or retain the data subject to your Enterprise Agreement terms.
Upon termination or expiration of your Enterprise Agreement, you will have a period as specified in your Enterprise Agreement, typically thirty to ninety days, to export your data. After the export period, Cobbery will delete your data in accordance with the Enterprise Agreement using secure methods appropriate for the sensitivity of the data. Upon request, Cobbery will provide written certification of deletion.
Notwithstanding the foregoing, data subject to legal holds, litigation, or regulatory requirements may be retained as necessary to comply with applicable obligations. Backup copies of data may persist in accordance with Cobbery's backup retention schedule but will not be accessible and will be deleted in the ordinary course.
8. Data Ownership and Rights
You retain all ownership rights in data you upload to or collect through the Service ("Your Data"). Cobbery claims no ownership interest in Your Data. You grant Cobbery a limited, non-exclusive license to access, process, store, and transmit Your Data solely as necessary to provide the Service, comply with your instructions, fulfill our obligations under your Enterprise Agreement, and comply with applicable law.
Cobbery may use anonymized, aggregated data that does not identify you or any individual for purposes of improving the Service, provided such use complies with applicable law and your Enterprise Agreement.
The Service includes AI-powered features for document analysis, relevance scoring, and other functions. Unless otherwise specified in your Enterprise Agreement, AI models are not trained on Your Data, AI processing occurs within the secure Service environment, and you retain control over whether to use AI features.
9. Third-Party Services and APIs
The Service connects to third-party platforms to collect data on your behalf. Your use of these connections is subject to the terms and policies of the respective third-party platforms, your organization's existing agreements with those platforms, and the applicable API terms of service for each platform.
For Google Workspace integrations, your use is subject to the Google API Services Terms of Service and the Google API Services User Data Policy, including the Limited Use requirements. Cobbery accesses Google Workspace data through the Google Vault eDiscovery API, Admin Directory API, and Cloud Storage API as described in Section 5 of these Terms.
For Microsoft 365 integrations including Exchange, Teams, OneDrive, SharePoint, and Calendar, your use is subject to the Microsoft Graph API Terms of Use and Microsoft Services Agreement. Cobbery accesses Microsoft 365 data through the Microsoft Graph API using delegated permissions authorized by your organization's administrator.
For Slack integrations, your use is subject to the Slack API Terms of Service and Slack Customer Terms of Service. Cobbery accesses Slack workspace data through the Slack API using OAuth tokens authorized by your workspace administrator.
For Discord integrations, your use is subject to the Discord Terms of Service and Discord Developer Terms of Service. Cobbery accesses Discord server data through the Discord API using bot tokens or OAuth connections authorized by server administrators, and personal export data through user-provided data packages.
For Notion integrations, your use is subject to the Notion Terms and Conditions and Notion API Terms. Cobbery accesses Notion workspace data through the Notion API using integration tokens authorized by your workspace administrator.
For mobile device data collection including WhatsApp and Signal messages, your use is subject to the respective platform terms. WhatsApp data collection is subject to WhatsApp Terms of Service and requires user authorization of encrypted backup access. Signal data collection is subject to Signal Terms of Service and Privacy Policy and requires user authorization of backup access. SMS, MMS, and RCS message collection is performed through device-level access authorized by the device owner.
You represent and warrant that you have obtained all necessary authorizations from each third-party platform and from relevant data custodians to collect data through the Service. You acknowledge that Cobbery is not a party to your agreements with third-party platforms and assumes no liability for your compliance with those agreements.
Cobbery's use of third-party APIs complies with applicable API terms and policies, including Google's Limited Use requirements as described in our Privacy Policy and Section 5 of these Terms.
Cobbery does not guarantee the continued availability or functionality of any third-party platform or API. Changes to third-party APIs, policies, or access restrictions may affect Service functionality, and Cobbery shall not be liable for any resulting service limitations or interruptions.
10. Acceptable Use
You may use the Service only for lawful eDiscovery, litigation support, regulatory compliance, and internal investigation purposes in accordance with your Enterprise Agreement.
You agree not to use the Service for any purpose other than legitimate eDiscovery and related legal activities, collect data without proper legal authority, access, use, or disclose data in violation of applicable law or court orders, attempt to access data belonging to other Cobbery customers, introduce malicious code or attempt to compromise Service security, reverse engineer, decompile, or create derivative works of the Service, use the Service to conduct surveillance, harassment, or other unlawful activities, resell, sublicense, or provide access to the Service to third parties without authorization, or use the Service in any manner that could damage, disable, or impair the Service.
11. Intellectual Property
The Service, including all software, algorithms, user interfaces, documentation, and related intellectual property, excluding Your Data, is owned by Cobbery or its licensors and protected by intellectual property laws. Subject to your Enterprise Agreement, Cobbery grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during the term of your Enterprise Agreement.
Except as expressly permitted, you may not copy, modify, or create derivative works of the Service, reverse engineer, disassemble, or decompile the Service, remove or alter any proprietary notices, or use Cobbery's trademarks without authorization.
If you provide suggestions, ideas, or feedback regarding the Service, Cobbery may use such feedback without obligation or compensation to you.
12. Confidentiality
Confidential Information means non-public information disclosed by either party, including Your Data and case information, Cobbery's proprietary technology, pricing, and business information, terms of your Enterprise Agreement, and security measures and audit results.
Each party agrees to protect Confidential Information using at least the same degree of care used to protect its own confidential information, use Confidential Information only for purposes of the Service, limit disclosure to personnel with a need to know, and not disclose Confidential Information to third parties without consent.
Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was rightfully known prior to disclosure, is independently developed without use of Confidential Information, or is rightfully received from a third party without restriction.
A party may disclose Confidential Information if required by law, provided the disclosing party, where permitted, gives reasonable notice to allow the other party to seek protective measures.
13. Warranties and Disclaimers
Cobbery warrants that the Service will perform materially in accordance with the documentation, that Cobbery will provide the Service in a professional and workmanlike manner, and that Cobbery has implemented reasonable security measures as described herein.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR YOUR ENTERPRISE AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." COBBERY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Without limiting the foregoing, Cobbery does not warrant that the Service will be uninterrupted or error-free, that all defects will be corrected, that the Service will meet your specific requirements beyond those in your Enterprise Agreement, that AI-powered features will produce accurate or complete results, or that third-party platforms will remain available or compatible.
THE SERVICE IS A TECHNOLOGY TOOL AND DOES NOT CONSTITUTE LEGAL ADVICE. COBBERY IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. ALL LEGAL DECISIONS, INCLUDING DETERMINATIONS REGARDING RELEVANCE, PRIVILEGE, AND RESPONSIVENESS, ARE YOUR RESPONSIBILITY.
AI-powered features are provided to assist with document analysis and are not a substitute for human review. You acknowledge that AI results may contain errors or inaccuracies, AI features should be used as a supplement to rather than a replacement for human judgment, you are responsible for validating AI-generated results, and critical decisions should not rely solely on AI outputs.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS, YOUR INDEMNIFICATION OBLIGATIONS, YOUR BREACH OF SECTION 10 REGARDING ACCEPTABLE USE, OR EITHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF THE FEES PAID OR PAYABLE BY YOU TO COBBERY IN THE TWELVE MONTHS PRECEDING THE CLAIM OR THE AMOUNT SPECIFIED IN YOUR ENTERPRISE AGREEMENT.
COBBERY SHALL NOT BE LIABLE FOR ANY LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO YOUR DATA EXCEPT TO THE EXTENT CAUSED BY COBBERY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN FAILING TO MAINTAIN THE SECURITY MEASURES DESCRIBED HEREIN.
COBBERY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE UNAVAILABILITY, MODIFICATION, OR DISCONTINUATION OF THIRD-PARTY PLATFORMS OR APIS.
THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
15. Indemnification
You agree to indemnify, defend, and hold harmless Cobbery and its officers, directors, employees, agents, and successors from and against any claims, damages, losses, liabilities, costs, and expenses including reasonable attorneys' fees arising from or related to your use of the Service, your breach of these Terms or your Enterprise Agreement, your violation of any applicable law or third-party rights, your collection, processing, or use of data without proper authorization, any claim by a data subject or custodian arising from your data collection activities, and Your Data or its use.
Subject to your Enterprise Agreement, Cobbery will indemnify and defend you against claims that the Service infringes a third party's intellectual property rights, provided you promptly notify Cobbery and cooperate in the defense. This obligation does not apply to claims arising from Your Data, modifications you make, or use in combination with non-Cobbery products.
The indemnifying party shall have sole control of the defense and settlement, provided that any settlement that imposes obligations on the indemnified party requires consent.
16. Term and Termination
These Terms are effective upon your first access to the Service and continue until your Enterprise Agreement expires or terminates. Either party may terminate the Enterprise Agreement if the other party materially breaches and fails to cure within thirty days of written notice. Either party may also terminate the Enterprise Agreement for convenience as specified therein.
Cobbery may immediately suspend or terminate your access if you breach Section 10 regarding Acceptable Use, your actions pose a security risk to the Service or other customers, suspension or termination is required to comply with law or court order, or you fail to pay fees when due.
Upon termination, your access to the Service will cease, you must pay all fees incurred through the termination date, and the data export and deletion provisions of Section 7 shall apply. Provisions that by their nature should survive shall survive, including Sections 8, 12, 13, 14, 15, and 17.
17. General Provisions
These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Subject to the arbitration provisions below, any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in Delaware, and each party consents to the jurisdiction of such courts.
Any dispute arising from these Terms or the Service shall first be subject to good faith negotiation between the parties for a period of thirty days. If not resolved, disputes shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware by a single arbitrator. The arbitrator's award shall be final and binding. Either party may seek injunctive or other equitable relief in court to protect its intellectual property or Confidential Information.
You agree to comply with all applicable export control laws and regulations in your use of the Service. Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet service failures.
You may not assign these Terms without Cobbery's prior written consent. Cobbery may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. Notices shall be provided in writing to the addresses specified in your Enterprise Agreement. Cobbery may provide operational notices via the Service or email to your designated administrators.
Cobbery may modify these Terms upon notice to you. Material changes will be communicated at least thirty days in advance. Your continued use of the Service after the effective date constitutes acceptance. If you object to changes, your remedy is to terminate as provided in your Enterprise Agreement.
If any provision is found unenforceable, the remaining provisions shall continue in effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Failure to enforce any provision shall not constitute a waiver.
These Terms, together with the Privacy Policy, your Enterprise Agreement, and any Data Processing Addendum, constitute the entire agreement regarding the Service and supersede all prior agreements and understandings. The parties are independent contractors, and nothing herein creates a partnership, joint venture, employment, or agency relationship. There are no third-party beneficiaries to these Terms.
18. Contact Information
For questions about these Terms, please contact Cobbery, Inc. by email at [email protected] or visit our website at https://cobbery.com. For Enterprise Agreement inquiries, contact your designated Cobbery account representative.