Terms of Service
VIJILENT, INC. TERMS OF SERVICE, Effective 10/7/2026
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1. Introduction and Acceptance
These Terms of Service (the "Terms") are a binding agreement between Vijilent, Inc. ("Vijilent," "we," "our," or "us"), and the individual or entity accessing the Services or ("Customer," "you," or "your").
These Terms govern your access to and use of the Vijilent web Application, the vijilent.com website, and all research services, reports, and content Vijilent provides (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms and by the Vijilent Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Services.
If you are accepting these Terms on behalf of a firm, company, or other organization, you represent that you have the authority to bind that organization, and the Customer shall refer to that organization.
Vijilent is not a consumer reporting agency and does not provide private investigator services. Section 6 sets out important limitations on how you may use the Services.
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2. Definitions
"Account" means a Customer account established with Vijilent that permits access to the Application.
"Application" means the Vijilent web application through which Customers submit research requests, conduct searches, and receive Reports.
"Authorized User" means an individual to whom Customer grants access to the Account, including attorneys, jury consultants, paralegals, employees, and/or other staff of Customer.
"Case" means a discrete research engagement, identified by a Quotation, relating to a single legal matter.
"Case Data" means all data associated with a Case, including Customer Materials, Research Materials, Reports, and any derived or generated content, excluding information subject to DPPA (please see Section 6.4 for more details)
"Content" means all text, data, images, graphics, audio, video, software, and other material made available through the Services, including material sourced from Third-Party Providers.
"Customer Materials" means information Customer submits or is communicated to Vijilent, including the names and identifying information of Research Subjects and any criteria, instructions, or case background Customer provides.
"Quotation" means a written proposal issued by Vijilent for a specific Case, setting out scope, deliverables, and fees, which becomes effective upon Customer's signature.
"Report" means a research product prepared and delivered by Vijilent for a Case, including any assessment, rating, or analysis Vijilent generates.
"Research Materials" means information about a Research Subject that Vijilent collects, aggregates, or captures from public and third-party sources.
"Research Subject" means an individual who is the subject of research conducted through the Services.
"Third-Party Provider" means any website, database, service, or other source from which Vijilent obtains information.
3. Eligibility and Accounts
3.1 Eligibility
To access the Services you must be at least 18 years of age, reside in and be located in the United States or one of its territories, and be capable of entering into a binding contract. The Services are available only to attorneys, law firms, jury consultants, and others engaged in litigation, jury selection, or trial preparation. If you do not meet this Eligibility criteria, please do not use the Services.
3.2 Account Registration and Authorized Users
Vijilent establishes Accounts for Customers. Customer may permit Authorized Users to access the Account. Customer is responsible for all activity under its Account, including the acts and omissions of its Authorized Users, and for ensuring that each Authorized User complies with these Terms.
3.3 Individual Acceptance
Each Authorized User, by using the Services, accepts these Terms. Acceptance by one Authorized User does not constitute acceptance by any other.
3.4 Credentials and Access Control
Customer will keep account credentials confidential, will not share credentials among individuals aside from their Authorized Users, and will notify Vijilent promptly at support@vijilent.com if it believes any credential has been compromised. Customer will promptly notify Vijilent when an Authorized User's access should be terminated.
3.5 Contact Information
Customer will keep its Account contact information current, including at least one administrative contact who is not case-specific. Notices Vijilent sends under these Terms, including retention and deletion notices under Section 11, are effective when sent to the contact information on file.
4. The Services
4.1 Two Service Models
Vijilent provides the Services in two forms, which may be combined within a single Case:
(a) Self-service research. A Customer submits identifying information for a Research Subject through the Application and receives aggregated results drawn from public and third-party sources.
(b) Vijilent-performed research. Where Vijilent personnel perform the research, including subject identification, data entry, source review, verification, analysis, and preparation of a Report. Reports may include assessments or ratings generated by Vijilent, which may be produced with the assistance of automated or artificial intelligence tools operating on criteria Customer supplies.
4.2 Quotations
Each Case is governed by a Quotation. A Quotation becomes binding when signed by Customer. In the event of a conflict between a signed Quotation and these Terms, the Quotation controls as to scope, deliverables, and fees for that Case; these Terms control in all other respects.
4.3 Scope of Sources
Vijilent draws on publicly available and lawfully accessible sources. Vijilent does not access private accounts, does not use deception or pretext to obtain information, and does not communicate with Research Subjects except as required by law.
5. Accuracy and Professional Judgment
Vijilent exercises reasonable professional care in performing research and preparing Reports. Vijilent does not, however, warrant that any Report or search result is complete, accurate, current, or free from error.
Information about individuals is drawn from sources Vijilent does not control and sometimes cannot completely verify. Public records contain errors. Social media accounts may be misattributed, abandoned, satirical, operated by someone other than the named individual, or maintained under a pseudonym. Automated assessments and ratings reflect the criteria supplied and the material available, and are aids to judgment rather than conclusions.
Reports are provided to inform Customer's professional judgment and are not a substitute for it. Customer is solely responsible for evaluating the Services' output, for independently verifying any information on which Customer intends to rely, and for all decisions Customer makes. Customer will not treat any assessment or rating as a determination about any individual.
6. Permitted Use and FCRA Restrictions
6.1 Not a Consumer Reporting Agency
Vijilent is not a "consumer reporting agency" as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"), and Research Materials and Reports are not "consumer reports" as defined by the FCRA. The consumer protections afforded by the FCRA do not apply. Vijilent makes no representation or warranty as to the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of any person.
6.2 Permitted Purpose
Customer represents and agrees that it will use Research Materials and Reports solely in connection with litigation, jury selection, or other trial preparation in a matter in which Customer or Customer's firm serves as counsel or as a retained consultant.
6.3 Prohibited Purposes
Customer will not use, and will not permit any other person to use, Research Materials or Reports, in whole or in part, as a factor in establishing any individual's eligibility for:
(a) credit or insurance;
(b) employment, including hiring, promotion, reassignment, retention, or the engagement of household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers;
(c) housing or tenancy, including whether to lease residential or commercial space;
(d) educational admission or benefits, including qualification for an educational program or scholarship;
(e) a government license or benefit;
(f) a business transaction initiated by an individual consumer, including whether an individual continues to meet the terms of a personal account;
or for any other purpose that would cause the information to qualify as a consumer report under the FCRA.
Using information obtained from Vijilent for these purposes violates both these Terms and federal law. Vijilent reserves the right to suspend or terminate Customer access and to report violations to law enforcement. If you are uncertain whether an intended use complies with this Section, contact support@vijilent.com before using the Services.
6.4 Driver's Privacy Protection Act
Certain information Vijilent obtains may originate in state motor vehicle records and is subject to the federal Driver's Privacy Protection Act, 18 U.S.C. § 2721 et seq. ("DPPA").
Customer represents and agrees that its use of any information derived from motor vehicle records is for a purpose permitted under 18 U.S.C. § 2721(b), specifically use in connection with a civil, criminal, administrative, or arbitral proceeding, including investigation in anticipation of litigation, and that Customer will not use or redisclose such information for any other purpose.
Customer acknowledges that Vijilent is required to maintain records identifying each recipient of information derived from motor vehicle records and the permitted purpose for which it is used, and that Vijilent retains those records as described in Section 11.8.
6.5 No Contact with Research Subjects
Customer will not contact, attempt to contact, or communicate with any Research Subject, and will not take any action reasonably likely to cause a Research Subject to become aware that they have been researched, including actions that generate an automated notification from a third-party platform.
6.6 Professional Responsibility
Customer is solely responsible for confirming that its use of the Services complies with applicable law, the rules of the court, any applicable order, and the rules of professional conduct governing Customer and the matter. Vijilent does not provide legal advice and does not advise on the permissibility of juror research in any jurisdiction.
6.7 Restrictions on Redistribution
Customer will not resell, republish, or redistribute Research Materials or Reports, except to co-counsel, retained consultants, the court, or others as required in the matter for which they were prepared. Customer will ensure that any recipient is bound by restrictions at least as protective as those in these Terms.
7. Prohibited Conduct
Further, Customer shall not:
(a) use the Services in violation of the Terms, any applicable law, regulation, court order, or rule of professional conduct;
(b) use the Services to harass, stalk, threaten, intimidate, discriminate against, or cause emotional or physical harm to any person;
(c) request research on, or seek information about, any individual under 18 years of age;
(d) request research on any individual residing outside the United States or its territories;
(e) submit Customer Materials that Customer is not authorized to provide, or request research Customer is not authorized to request;
(f) use the Services to produce or distribute libelous, obscene, or indecent material, or to infringe the intellectual property, publicity, or privacy rights of any third party;
(g) access the Services by automated means, including scraping, crawling, or bulk extraction, or attempt to circumvent any access control, rate limit, or security measure;
(h) reverse engineer, decompile, or attempt to derive the source code or underlying methods of the Application or any aspect of the Services;
(i) simulate the appearance or function of the Application or any aspect of the Services on another website, including through framing or mirroring.
8. Ownership
8.1 Reports
As between the Vijilent and Customer, upon payment in full for the applicable Case, Customer owns the Reports delivered to it by us. Vijilent assigns to Customer all right, title, and interest it may hold in the Reports as delivered.
The parties acknowledge that Vijilent performs research at the direction of Customer, which may be counsel, in anticipation of or in connection with litigation. Nothing in these Terms shall waive or impair any privilege or protection that may attach to the Reports or to communications between the parties.
8.2 Vijilent Property
Vijilent retains all right, title, and interest in the contents of Application and the Site, its software, databases, methods, models, templates, and all improvements to them, and in any aggregated or de-identified data derived from operation of the Services that does not identify Customer, any Research Subject, or any matter. Nothing in Section 8.1 transfers any interest in the foregoing.
8.3 License to the Application
Subject to these Terms, Vijilent grants Customer a non-exclusive, non-transferable, revocable, limited license to access and use the Services for its internal business purposes. Vijilent may terminate this license in accordance with Section 14.
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9. Confidentiality
9.1 Vijilent's Obligations
Vijilent will treat Customer Materials and Reports as confidential. Vijilent will use them solely to perform the Services and to meet its obligations under these Terms, will not disclose them to any third party except to its personnel and subcontractors who require access to perform the Services and who are bound by confidentiality obligations, and will protect them using at least the degree of care it applies to its own confidential information and in no case less than reasonable care.
9.2 Exceptions
Section 9.1 does not apply to information that is or becomes publicly available without breach of these Terms, was known to Vijilent without restriction before disclosure, or is independently developed by Vijilent without use of Customer Materials.
9.3 Compelled Disclosure
If Vijilent is required by law, subpoena, or court order to disclose Customer Materials or a Report, Vijilent will, to the extent legally permitted, give Customer prompt written notice and reasonable cooperation so that Customer may seek a protective order or other relief.
9.4 Survival
Vijilent's obligations under this Section survive termination and continue for so long as Vijilent retains the information.
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10. Data Security
Vijilent maintains a written information security program with commercial reasonable administrative, technical, and physical safeguards designed to protect Customer Materials, Research Materials, and Reports against unauthorized access, use, disclosure, alteration, and destruction, appropriate to the sensitivity of the information and consistent with applicable law.
If Vijilent becomes aware of a security incident resulting in unauthorized acquisition of or access to Customer Materials or Reports, Vijilent will notify Customer without unreasonable delay, provide the information reasonably available to it about the nature and scope of the incident, and will cooperate with Customer's reasonable requests for information. Nothing in this Section limits either party's obligations under applicable breach notification law.
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11. Data Retention and Deletion
11.1 Retention Period
Vijilent retains Case Data for twelve (12) months following the date of last activity on a Case. "Last activity" means the delivery of the final Report for the Case. At the end of that period, Vijilent will permanently delete all Case Data for that Case.
Vijilent does not retain court-generated juror lists beyond the time required to transcribe their contents into the Services. Vijilent does not reuse information about a Research Subject across Cases.
11.2 Notice Before Deletion
Vijilent will give Customer advance written notice before deleting Case Data, sent to the Case owner and to Customer's administrative contact. Notice will be sent approximately thirty (30) days and again approximately seven (7) days before the scheduled deletion date.
11.3 Export
Customer may download and retain its Case Data at any time through the Application. Customer is responsible for exporting any Case Data it wishes to keep before the deletion date.
Case Data that Customer exports are thereafter within Customer's sole custody and control. Customer is solely responsible for its security, retention, and lawful handling, and Vijilent has no further obligation with respect to it. Viljilent nonetheless retains Case Data consistent with Section 11.1 above.
11.4 Extension
Customer may request an extension of the retention period for a Case by written request to support@vijilent.com before the scheduled deletion date. Extensions are granted at Vijilent's sole discretion, recorded and documented, and are for a defined additional period.
11.5 Early Deletion
Customer may request deletion of Case Data at any time before the end of the retention period. Vijilent will comply within 30 days of the request.
11.6 Legal Hold
Vijilent will suspend deletion of Case Data where it is subject to a subpoena, preservation demand, litigation hold, or other legal obligation to preserve, for so long as that obligation continues.
11.7 Backups
Deletion under this Section extends to Vijilent's backup systems. Because backups operate on a rolling cycle, Case Data may persist in backup media for up to 35 days after deletion from active systems. During that period the Data is not accessible in the ordinary course.
11.8 Business Records
Following deletion of Case Data, Vijilent retains business records relating to the Case including Case identifier, Customer name, dates, Quotation, and billing records for the periods required for tax, accounting, and legal purposes.
Vijilent also retains, for five (5) years and separately from Case Data, the records required by 18 U.S.C. § 2721(c) identifying each recipient of information derived from motor vehicle records and the permitted purpose for which it was used, and makes those records available to the applicable state motor vehicle department on request.
None of the records described in this Section 11.8 contain information identifying any Research Subject aside from what is required by applicable law.
11.9 Changes to the Retention Period
Vijilent may change the retention period in accordance with Section 18.
12. Fees and Payment
Fees for each Case are set out in the applicable Quotation. Unless the Quotation states otherwise, fees are due upon delivery, and invoices unpaid after 30 days may accrue interest at the lesser of 1.5% per month or the maximum permitted by applicable law. Customer is responsible for all taxes other than taxes on Vijilent's net income. Fees are non-refundable unless expressly stated in a Quotation.
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13. Vijilent's Obligations and Reserved Rights
Vijilent will perform the Services in accordance with the applicable Quotation and these Terms. Except as expressly stated in these Terms, Quotation, or as otherwise agreed to in writing by both parties, Vijilent has no other obligation to Customer.
Vijilent reserves the right, but undertakes no obligation, to monitor or review Customer's use of the Services, to verify the identity of any person using the Services or the purposes for which they are used, or to mediate any dispute between Customer and any third party.
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14. Term, Suspension, and Termination
These Terms apply from Customer's acceptance until terminated.
Either party may terminate Services upon written notice to the other party. Vijilent may suspend or terminate access to the Services immediately, without notice, if Vijilent determines that Customer has violated any of these Terms, or that suspension is necessary to protect the Services, Vijilent, or any third party.
Termination does not relieve Customer of the obligation to pay fees accrued before termination. Cases in progress at termination will be completed or wound down as the parties agree, which may incur more fees for which the Customer is responsible.
Following termination, Vijilent will delete Case Data in accordance with Section 11, and Customer may export Case Data during the notice period provided under Section 11.2. Sections 6, 7, 8, 9, 11, 15, 16, 17, 19, 20 and 21 shall survive termination.
15. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES, THE APPLICATION, THE CONTENT, RESEARCH MATERIALS, AND REPORTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND VIJILENT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND/OR STATUTORY, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, VIJILENT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER MALICIOUS OR HARMFUL COMPONENTS; OR THAT ANY CONTENT, RESEARCH MATERIAL, OR REPORT WILL BE ACCURATE, COMPLETE, OR CURRENT.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST GOODWILL, OR LOSS OF DATA, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, VIJILENT'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY CUSTOMER TO VIJILENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500.00).
These limitations apply to all causes of action, whether in contract, warranty, negligence, strict liability, misrepresentation, or other tort, and are a fundamental element of the basis of the bargain between the parties. Where applicable law does not permit limitation to the extent stated, liability is limited to the greatest extent permitted.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO THE CUSTOMER’S BREACH OF SECTION 6 OR SECTION 9 OF THIS AGREEMENT.
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17. Indemnification
Customer will indemnify, defend, and hold harmless Vijilent and its affiliates, and their respective officers, directors, employees, agents, contractors, and suppliers, from and against any third-party claim, and any resulting liability, damage, loss, cost, or expense including reasonable attorneys' fees, arising from or related to:
(a) Customer's use of the Services, Research Materials, or Reports, including any claim brought by a Research Subject;
(b) Customer's breach of these Terms;
(c) Customer's violation of any law or the rights of any person; or
(d) the acts or omissions of Customer's Authorized Users.
Vijilent will give Customer prompt notice of any claim, reasonable cooperation at Customer's expense, and control of the defense, provided that Customer may not settle any claim in a manner that imposes any obligation or admission OF ANY KIND UPon Vijilent without Vijilent's PRIOR written consent.
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18. Changes to These Terms
Vijilent may modify these Terms at any time. Vijilent will assign an effective date to any modified Terms and will make the current version available in the Application and the Site.
For material changes, Vijilent will give Customer notice and will require each Customer and Authorized User to accept the modified Terms before continuing to use the Services.
Customer's continued use of the Services after a modified version takes effect constitutes acceptance. If Customer does not accept a modified version, Customer's remedy is to stop using the Services and terminate under Section 14.
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19. Governing Law, Venue, and Dispute Resolution
These Terms are governed and shall be interpreted by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.
Each party submits to the exclusive jurisdiction of the state and federal courts located in Essex County, Massachusetts, and waives any objection to venue or forum in those courts.
EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES.
No action arising from or related to these Terms or the Services may be brought by either party more than one (1) year after the event giving rise to the cause of action, except for actions to collect unpaid fees.
Nothing in this Section shall prevent, restrict, or limit either party from seeking temporary, preliminary, or permanent injunctive or equitable relief, specific performance, or other equitable relief in any court of competent jurisdiction to protect its confidential information, intellectual property, or enforce any restrictive covenant in these Terms or as agreed upon in writing by the parties otherwise. Such rights shall be cumulative and in addition to any other rights or remedies available at law or in equity.
20. Assignment
Customer may not assign or transfer these Terms, in whole or in part, without Vijilent's prior written consent. Any attempted assignment in violation of this Section is void ab initio.
Vijilent may assign these Terms, in whole or in part, without Customer's consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or of the business line to which these Terms relate. In any such transaction, Customer Materials, Case Data, and Reports may be transferred to the successor, which will remain bound by these Terms and by the Privacy Policy in effect at the time of transfer with respect to that information.
These Terms bind and benefit the parties and their permitted successors and assigns.
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21. General
Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted or, if not possible, severed, and the remaining provisions will continue in full force and effect.
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.
Notices. Notices to Customer may be given by email to the contact information on the Account or by posting in the Application. Notices to Vijilent must be sent to support@vijilent.com.
Electronic Records. Customer consents to the use of electronic signatures, records, and contracts, and to electronic delivery of notices, policies, and records of transactions.
Force Majeure. Neither party is liable for any delay or failure to perform, other than a payment obligation, caused by circumstances beyond its reasonable control.
Relationship. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship. Neither party may make representations on behalf of the other.
Subcontractors. Vijilent may engage subcontractors and service providers to perform the Services.
Headings. Headings in these Terms are included for convenience only and do not affect interpretation.
Entire Agreement. These Terms, the Privacy Policy, and any signed Quotation constitute the entire agreement between the parties regarding the Services and supersede all prior agreements, representations, and understandings on that subject unless otherwise agreed to in writing by both parties. No term contained in any purchase order or other Customer document has any effect.
Cookies. The Services use cookies only as necessary to function, remember you when you return to use the Services, and enhance overall user experience. We do not utilize cookies or allow third parties to track you when you use the Services.
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22. Contact
Vijilent, Inc.
+1 (919) 800-0923