e-DiscoveryDocument discovery

Terms of Use

Last updated: 07/10/26

This is a translation. If the Hebrew and English versions differ, the Hebrew version prevails.

1. Introduction and definitions

These terms set out the conditions for using TicTac's e-Discovery platform and how responsibility is divided between TicTac and the client. Using the service constitutes acceptance of these terms. A signed engagement agreement prevails over these terms wherever the two conflict.

2. The service

TicTac provides a technology tool for reviewing case material, and does not provide legal advice. The service includes:

  1. Ingesting case material and processing it for search: files from computers and phones, mailboxes and WhatsApp messages.
  2. Searching, viewing, tagging, commenting on and exporting documents, according to the permissions the client sets for each user.
  3. Remote access through a secure entry gateway, with a password and a one-time code (two-factor authentication).
  4. Storage of the case material and the review data for the term of the engagement.
  5. Technical support, to the extent set out in the engagement agreement.

The scope, price and service level are set in the agreement or price quote signed with the client.

3. What TicTac is responsible for

TicTac is responsible for the platform working as described, and for the case material being kept secure, intact and confidential. To that end TicTac undertakes:

  1. Storage in Israel. Case material is kept in TicTac's private data centre in Israel, on servers it owns, and not in a foreign provider's cloud. The data centre is physically and logically secured and monitored 24/7.
  2. Backup. Data is backed up regularly to an alternate site in Israel, secured to the same standard.
  3. Access security. Remote access only through the secure gateway, with two-factor authentication, account lockout after failed attempts, blocking of attacking addresses and automatic sign-out of idle sessions.
  4. Separation between cases. A user sees only the cases the client assigned to them, and only with the permissions set for them.
  5. Integrity of the evidence. The platform only reads case material and never alters it. Every document is identified by its digital fingerprint (SHA-256).
  6. Audit trail. Every view, download, tag, comment and export is recorded in an audit log. A deleted comment is marked as deleted, not erased.
  7. Confidentiality. TicTac staff access case material only as needed to provide the service, and are bound by a duty of confidentiality.
  8. Availability. TicTac will make reasonable efforts to keep the platform available, and will give advance notice of planned downtime where possible.

4. What TicTac is not responsible for

TicTac provides the tool; how it is used and the conclusions drawn from it are the client's. TicTac is not responsible for:

  1. The content of the case material. What the documents say, whether it is accurate, and whether it contains prohibited, offensive or privileged information.
  2. The lawfulness of collection. Whether the client was entitled to collect the material, deliver it to TicTac and review it, including court orders, consents and the privacy of third parties.
  3. Completeness of what was delivered. TicTac processes what it received. A file that was not delivered, is corrupt, is encrypted with a password that was not supplied, or is in an unreadable format may not appear in search.
  4. Legal conclusions. Review decisions, the interpretation of the material, classifying documents as privileged or relevant, and the use of the material in legal proceedings.
  5. Completeness of search results. A search finds what it was asked for. A poorly chosen search term, a misspelling in the source, or text in an image that has not been through text recognition (OCR) may cause documents to be missed. The search method and the checking of results are the client's responsibility.
  6. Users' actions. Tagging, comments, exports and the passing of material to others by the client's users. Material exported from the platform becomes the responsibility of whoever exported it.
  7. Access the client approved. Whom the client asked to be given an account, and what such a person does within the permissions they were given.
  8. The client's equipment and network. Computers, browsers, the internet connection and the phone that receives the sign-in code, and damage caused by a breach of any of them.
  9. Planned downtime and third-party failures. Upgrades of which notice was given, and failures at providers of communications, electricity, or text-message and email delivery.
  10. Force majeure. War, terrorism, earthquake, epidemic, strike, an order of an authority, and any other event beyond its control.
  11. The website. Information on the website is general only, and is neither a contractual offer nor advice.

5. Responsibilities of the client and users

The client is responsible for the service being used lawfully, and for only authorised people entering the platform. The client represents and undertakes that it will:

  1. Have lawful authority to deliver the case material to TicTac and to review it, and comply with every law, order and agreement that applies to the material.
  2. Request accounts only for authorised people, set appropriate permissions for them, and notify TicTac immediately when a person is no longer authorised, so the account can be closed.
  3. Ensure that users keep their password and sign-in code secret, do not pass them to others and do not share an account. Any action taken in an account is attributed to its holder.
  4. Report to TicTac immediately, and in any case within 24 hours, any suspected unauthorised access, lost phone or leaked password.
  5. Use the service only for the case for which the material was delivered, and not attempt to bypass security measures, scan the platform or reach other clients' cases.
  6. Keep an original copy of the case material it delivered, unless it was agreed in writing that TicTac will be its only place of storage.

6. Information security, privacy and data retention

Case material belongs to the client, and TicTac holds it only to provide the service.

  1. Ownership. TicTac will not use the case material for any other purpose, will not sell it and will not pass it to a third party.
  2. Demands by an authority. If TicTac is required by law to hand over material, it will notify the client in advance, to the extent the law permits.
  3. Privacy. Where case material includes personal data, the client is the owner of the database and TicTac holds it on the client's behalf, in accordance with the Israeli Protection of Privacy Law, 5741-1981 and the Protection of Privacy (Data Security) Regulations, 5777-2017.
  4. Security incident. If TicTac discovers unauthorised access to case material, it will notify the client within 72 hours of discovery and act to limit the damage.
  5. On-premises installation. On request, the platform can be installed at the client's premises. In that case physical security, the network, power and backup are the client's responsibility, and TicTac is responsible for the software only.
  6. Retention period. Case material is kept for as long as the engagement is in force. What happens to it at the end is set out in section 9.

7. Limitation of liability and indemnity

TicTac's total liability is limited to the amount the client paid for the service in the 3 months preceding the event.

  1. Indirect damage. TicTac will not be liable for indirect or consequential damage, such as loss of profit, losing a case or a legal proceeding, a missed deadline, or harm to reputation.
  2. Exceptions. The limitation does not apply to damage caused wilfully or by TicTac's gross negligence, nor to a breach of confidentiality by its staff.
  3. No further warranty. To the extent the law permits, the service is provided as is. TicTac does not warrant that the service will always be available, free of errors, or fit for a particular purpose of the client, beyond what is stated in section 3.
  4. Indemnity. The client will indemnify TicTac against any third-party claim arising from the case material, the way it was collected or the use the client made of it, provided that TicTac notified the client of the claim and allowed it to defend itself.

8. Confidentiality and intellectual property

  1. Confidentiality. Each party will keep confidential any information of the other party that reached it in the course of the engagement. This obligation continues after the engagement ends.
  2. The case material and the review data belong to the client.
  3. The platform itself – the software, interfaces, design and documentation – belongs to TicTac. The client receives a right of use for the term of the engagement only, and will not copy, disassemble or attempt to reconstruct the platform's code.

9. Termination and return of data

When the engagement ends, the client receives its review data and the material is deleted from TicTac's servers.

  1. Either party may end the engagement with 30 days' advance notice, unless the agreement states otherwise.
  2. TicTac may suspend access immediately in the event of a suspected breach, prohibited use, or non-payment more than 30 days after the due date.
  3. Within 7 days of termination the client may request an export of the review data (tags, comments and the audit log), or the return of the case material.
  4. After that TicTac will delete the case material from its servers and backups, and give the client written confirmation of deletion, unless the law requires it to be kept.

10. Changes, governing law and contact

  1. Changes to these terms. TicTac may update these terms. The date at the top of this page will change, and a material change will be emailed to clients 7 days before it takes effect.
  2. Governing law. These terms are governed by the laws of the State of Israel only.
  3. Jurisdiction. The competent courts of Tel Aviv-Jaffa have exclusive jurisdiction.
  4. Contact. Tictac Technologies Ltd., 10 HaTa'as Street, Ramat Gan, Israel. Email: yoav@ediscovery.co.il.

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