Fastcase merged with vLex in April 2023 to form vLex Group, and was subsequently acquired by Clio in late 2024. The platform now operates as vLex Fastcase, serving bar association members and law firm subscribers with legal research, the Vincent AI assistant, and Cert citator. Despite this corporate evolution, the public Terms of Service at fastcase.com/terms carry critical gaps — particularly around AI training and data retention. DriftPatrol tracks 54+ documented changes since 2023 so your firm isn't caught off guard.
| Provision | What it says | Why it matters |
|---|---|---|
| Arbitration | Fastcase sole discretion — asymmetric clause | Fastcase can compel arbitration; you cannot. If you have a dispute, you must litigate or negotiate your way in — they can route to arbitration on a whim. This is a red-flag clause in any vendor agreement. Risk |
| Governing Law | Virginia law — no carve-out | All disputes governed by Virginia law regardless of your firm's jurisdiction. Factor into venue analysis for any breach claim. No post-merger update to reflect UK/EU vLex parent jurisdiction — a gap worth flagging to the parent company. Note |
| Indemnification | Broad — you defend Fastcase against all claims from your TOS violations | One-way indemnification: your firm absorbs all costs of claims arising from your use. No reciprocal indemnification from Fastcase for their platform failures. More favorable to Fastcase than the industry norm. Risk |
| Liability | Total exclusion of indirect / consequential damages — no floor | No minimum recovery. Unlike Harvey (floor of $250K) or Clio (6 months fees), Fastcase's cap is effectively zero for real-world damage scenarios. Do not rely on TOS-based recourse; negotiate a separate SLA. Risk |
| AI Training | Not addressed in TOS | Silence is not protection. The Dec 2025 Fastcase v. Alexi lawsuit — where Fastcase sued a competitor for training AI on Fastcase data — confirms how seriously the company treats its data. Nothing prevents Fastcase from using your search history and annotations for internal AI improvement. Request a written commitment or DPA addendum. Gap |
| Data Retention | Not addressed in TOS | No stated retention period, no deletion timeline post-termination. You have no contractual basis to demand data deletion under the public TOS. Negotiate an explicit data deletion clause before signing. Gap |
| Sub-processors | Not addressed in TOS | No sub-processor list published. After the Clio acquisition, vLex Fastcase data may flow through Clio's 45-sub-processor stack (including Databricks and MavenAGI) without separate disclosure. Request a DPA that names all sub-processors. Gap |
Get a plain-English Monday brief the day any of these clauses change. Audit trail to the second.
See plans →Tracked URL: https://www.fastcase.com/terms/ · 54+ content changes since Jan 2023 · Informational only — not legal advice.