DISCO Platform* Product Terms

1. Scope

This document provides supplemental information and terms that apply to the DISCO Platform Offering. All capitalized terms used but not otherwise defined herein will have the meanings given to such terms in DISCO’s Terms and Conditions as well as the Order governing Customer’s use of the DISCO Platform Offering.

2. Offering Description

DISCO Platform Offering.  The “DISCO Platform Offering” is a hosted solution that includes processing, hosting, search, review, analytics, workflow, productions, Cecilia Q&A, and modules designed for litigation and fact management (including timelines, depositions, witness management, and related functionality).

Data Stage. A “Data Stage” refers to data being in ECA, Active Review, or Vault in the DISCO Platform. Data can only be in one Data Stage at any given time.

ECA.  Early Case Assessment (“ECA”) functionality allows Customer to ingest and explore eDiscovery data to identify data to cull or promote to Active Review. ECA also may serve as a long-term repository for data that was not promoted to Active Review initially, but that may be promoted later as Customer’s needs change. ECA includes standard search, filtering, bulk tagging and foldering of documents, and Cecilia Q&A. ECA does not permit Customer to produce documents, use review stages or exhibit sets, or tag or folder individual documents.

Active Review.  Active Review includes full use of the DISCO Platform Offering.  

Vault. Customer may place inactive databases in Vault nearline storage (“Vault”) for long-term retention. Databases in Vault retain all work product, but may not be utilized by Customer unless first restored to the prior state (Active Review or ECA). Vault storage is only applied at the database level, and Customer does not have the ability to place portions of a database into Vault.

3. Authorized Use Metric

Database: The data storage system in which data is stored and organized in the DISCO Platform Offering. The total database size is measured in processed gibibytes (GB). A Matter may contain one or more databases.

4. Terms of Use

No Use as a Processing Tool. DISCO does not support or allow using the DISCO Platform Offering as a processing tool for data to be loaded into a non-DISCO platform. The DISCO Platform Offering shall not be used for the creation and export of synchronization files or for commercial use as a synchronization file generator.

Data Under Management. Data in the DISCO Platform Offering may reside in Active Review, in ECA (only for Review databases), or in Vault.  

Movement of Data between Active Review, ECA, and Vault. Review database data may be ingested into Active Review or ECA. Case database data may only be ingested into Active Review.  All data ingested using DISCO Professional Services will be ingested into Active Review unless Customer instructs DISCO Professional Services otherwise.  Data in ECA may be promoted to Active Review at any time within the DISCO Platform Offering or by sending written notice to DISCO Professional Services.  Data in Active Review may not be moved to ECA.  Databases may be moved between Active Review and Vault at any time by sending written notice to DISCO Professional Services. Use of DISCO Professional Services as described in this paragraph shall be billable to Customer at standard Professional Services rates.

Culling Data or Deleting a Database. Data may be culled at any time a database is not in Vault, either within the DISCO Platform Offering or by written notice to DISCO Professional Services specifically identifying the data to be culled (such services to be billable at standard Professional Services rates). To delete an entire database, Customer must delete the database in the DISCO Platform Offering or submit a database deletion request to DISCO at support.csdisco.com. Instructions to delete a database delivered in any other way will not be effective. All data culling and database deletion will be carried out in accordance with DISCO’s standard processes and procedures.

* The offering previously called DISCO Core Platform is now known as the DISCO Platform.