Last Updated: May 19, 2026
These Terms of Service ("Terms") govern your access to and use of the services provided by ProgressiveDiscovery.ai ("we," "us," or "our"), a division of Hanson Construction Services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our services.
By engaging our services, submitting an ECA request, or entering into an engagement agreement with ProgressiveDiscovery.ai, you represent that you have the legal authority to bind your organization to these Terms. If you do not have such authority, or do not agree to these Terms, you must not use our services.
These Terms, together with your executed Engagement Agreement and any applicable Statement of Work, constitute the entire agreement between you and ProgressiveDiscovery.ai regarding the services described therein.
ProgressiveDiscovery.ai provides AI-assisted e-discovery services delivered as managed service engagements. Our services include:
Rapid analysis of document corpora to assess scope, identify key issues, and provide cost estimates for litigation matters. Turnaround typically within 5 business days.
Full-corpus relevance and privilege coding using AI systems, with statistical quality control samples reviewed by human attorneys. Suitable for matter sizes from 10,000 to millions of documents.
End-to-end e-discovery services including collection coordination, processing, AI review, privilege log generation, and production preparation.
The specific scope, deliverables, timeline, and pricing for your engagement will be set forth in your Engagement Agreement and applicable Statement of Work.
Our standard engagement process consists of the following phases:
Additional services outside the agreed scope will require a change order or supplemental Statement of Work with revised pricing.
As a client, you are responsible for:
Note: You represent that all documents submitted for processing are either (a) owned or controlled by you, (b) you have legal authority to produce them, or (c) they are subject to appropriate discovery or legal process.
We take the confidentiality and security of your data seriously. Our data handling practices are governed by:
Key commitments include:
Our pricing structure is designed to provide predictability and value:
| Service | Pricing Model |
|---|---|
| Early Case Assessment | Fixed fee ($5,000 – $15,000) |
| AI-Assisted First-Pass Review | Per-document ($0.05 – $0.15) |
| Full Managed Discovery | Fixed fee per matter ($25,000 – $250,000+) |
Payment Terms: Unless otherwise specified in your Engagement Agreement, payment is due within 30 days of invoice date. We accept ACH transfers, wire transfers, and major credit cards.
Late Payments: Payments not received within 30 days may be subject to a service charge of 1.5% per month (or the maximum rate permitted by law). We reserve the right to suspend services for accounts with outstanding balances exceeding 60 days.
Client Data: You retain all ownership rights to the documents and data you submit for processing. We do not acquire any ownership interest in your documents or data.
ProgressiveDiscovery.ai IP: We retain all intellectual property rights in our proprietary AI systems, methodologies, algorithms, and software. Nothing in these Terms or your Engagement Agreement transfers or licenses our intellectual property to you beyond the limited right to receive the contracted services.
Deliverables: The deliverables provided to you under your Engagement Agreement (coded data, privilege logs, reports, production files) are provided for your use in the specific matter for which they were prepared. You may use these deliverables for their intended litigation or business purpose.
Methodology Documentation: You may share our methodology documentation with opposing counsel, courts, or regulators as needed for your legal proceedings. Our statistical validation reports are designed for this purpose.
BY ENGAGING PROGRESSIVEDISCOVERY.AI FOR SERVICES, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING: (1) ALL SERVICES ARE PROVIDED ON AN AS-IS BASIS; (2) AI-ASSISTED REVIEW DOES NOT GUARANTEE COMPLETE IDENTIFICATION OF RESPONSIVE OR PRIVILEGED DOCUMENTS; (3) DISPUTES SHALL BE RESOLVED THROUGH BINDING ARBITRATION AS DESCRIBED IN SECTION 13; (4) YOU ARE RESPONSIBLE FOR FINAL PRIVILEGE DETERMINATIONS AND DOCUMENT REVIEW BEFORE PRODUCTION.
We understand that documents submitted for e-discovery may contain highly sensitive information, including attorney-client privileged communications and work product. We maintain strict confidentiality protocols:
Important Note: While we implement robust privilege detection and handling procedures, we do not guarantee that privilege will be maintained for any specific document. The identification and designation of privileged material remains your responsibility, and you should conduct appropriate review before production.
We will cooperate with your privilege review process and provide documentation to support privilege claims as needed for your legal proceedings.
Our Warranties: We warrant that:
Disclaimer of Implied Warranties: EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND YOUR ENGAGEMENT AGREEMENT, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT AI-ASSISTED REVIEW WILL BE ERROR-FREE OR THAT ALL RESPONSIVE OR PRIVILEGED DOCUMENTS WILL BE IDENTIFIED.
Recall & Precision: While we maintain high standards for recall and precision in our AI-assisted review (as documented in our methodology), results vary by corpus characteristics, and we do not guarantee specific recall or precision rates for any particular matter.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROGRESSIVEDISCOVERY.AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF PRIVILEGE, COST OF REPLACEMENT SERVICES, OR DIMINUTION OF VALUE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
Aggregate Liability: EXCEPT FOR OBLIGATIONS UNDER INDEMNIFICATION OR BREACHES OF CONFIDENTIALITY, IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL FEES PAID BY YOU TO US UNDER YOUR ENGAGEMENT AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Effect: These limitations apply regardless of whether the claim is based on contract, tort (including negligence), strict liability, or any other legal theory, and even if we were advised of the possibility of such damages.
By You: You agree to indemnify, defend, and hold harmless ProgressiveDiscovery.ai and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of:
By Us: We agree to indemnify and defend you against claims that our services, as provided, infringe a third party's intellectual property rights, provided that you promptly notify us of the claim and allow us to control the defense.
Term: These Terms remain in effect for the duration of your engagement with ProgressiveDiscovery.ai. The term for specific services will be set forth in your Engagement Agreement and Statement of Work.
Termination by You: You may terminate an engagement upon written notice to us. Fees for services already performed through the date of termination are non-refundable.
Termination by Us: We may terminate services if you breach these Terms or fail to pay undisputed invoices within 60 days of due date, provided we have given you written notice and a reasonable opportunity to cure.
Effect of Termination: Upon termination:
MANDATORY ARBITRATION: READ CAREFULLY
BY ENGAGING OUR SERVICES, YOU AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED THROUGH BINDING ARBITRATION AS SET FORTH BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Arbitration Requirement: Any dispute, controversy, or claim arising out of or relating to these Terms or the services, including any questions regarding their existence, validity, interpretation, or breach, which cannot be resolved informally between the parties within thirty (30) days of written notice, shall be finally resolved by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures.
Venue: The arbitration shall be conducted in Minneapolis, Minnesota (Hennepin County), and shall be heard by a single arbitrator with relevant legal and/or technology industry expertise.
Governing Rules: The arbitration shall be governed by the laws of the State of Minnesota. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Equitable Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in the state or federal courts located in Hennepin County, Minnesota to protect its intellectual property, confidential information, or other rights pending arbitration.
These Terms and any dispute arising under them shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws principles.
The parties submit to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota for any actions not subject to arbitration under Section 13.
We may update these Terms from time to time to reflect changes in our practices, services, or legal requirements. We will:
Your continued use of our services after such changes constitutes your acceptance of the revised Terms.
If you have questions about these Terms of Service, please contact us:
Phone
952.463.8392
ProgressiveDiscovery.ai
A Hanson Construction Services AI Venture
Minneapolis, MN | Denver, CO | Las Vegas, NV
These Terms of Service are effective as of May 19, 2026. Previous versions are available upon request.