KLDiscovery's Use of Artificial Intelligence

Print/Download to PDF

Last Updated: June 3, 2026

These terms govern Client's access to, and use of, artificial intelligence–powered features made available by KLDiscovery and/or its applicable affiliates in products and services provided to the Client ("AI" or "AI Services" and these terms being “AI Services Terms”). These AI Services Terms apply to, and are deemed incorporated by reference, in any Master Services Agreement, Statement of Work, Work Order, quote, order form, or other written agreement between KLDiscovery and Client (the "Agreement") governing the provision of Software and the specific products, services, and related consulting in the areas of eDiscovery, digital forensics, document review, data recovery, and information management made available by KLDiscovery to Client as specified in any Agreement (collectively, "Services"), and shall be interpreted consistently with the terms and conditions of the Agreement.

1. Definitions

“Client” means individual, law firm, corporation, or other entity that has entered into the Agreement with KLDiscovery for the provision of the Software and Services.

“Client Data” means data, information or analysis recorded in permanent form, contained in physical documents or electronic media which has been provided to KLDiscovery by the Client, users or by a law firm on Client’s behalf for a project including data which has been forensically collected by KLDiscovery and data which is uploaded onto any Software.

“Input” means any data, content, or materials submitted by the Client or by KLDiscovery following instructions from the Client as it pertains to the AI Services.

“Output” means any Client facing content, data, or results generated by the AI Services based on the Input.

“Software” means the review platform or Third-Party Products, together with any know-how provided by KLDiscovery to assist Client with their operation.

2. Use of KLDiscovery AI Services

1. KLDiscovery maintains administrative, technical, and physical safeguards designed to protect Client Data in accordance with generally accepted industry standards. Client Data submitted to, or processed through, the AI Services are used exclusively to deliver and support the Software and associated Services. Client Data is not used to train KLDiscovery's utilized AI models except that KLDiscovery may use anonymized Client Data for model improvement and service enhancement purposes. Client Data is shared only to the extent necessary to provide the AI Services and is subject to confidentiality, security, and data protection obligations consistent with the Agreement. Client Data is logically segregated from other clients’ data, and it is protected through encryption in transit and at rest using commercially reasonable encryption technologies.
2. The Client is solely responsible for the legality, accuracy, and appropriateness of all Input and for any use or distribution of Output. The Client represents and warrants that its Input and use of Output comply with applicable laws. Owing to the inherent characteristics of AI, Output may not be unique and may occasionally contain elements similar to those generated for other users. Such similarities are coincidental and result from AI’s reliance on pattern-based models in language and data, rather than any intentional reuse of prior outputs.
3. The AI Services and Output may be used only in connection with the Client’s authorized use of KLDiscovery’s Services. The Client shall not use the AI Services or Output to: (i) develop, train or improve competing AI systems or models; (ii) misrepresent Output as human-generated; (iii) violate applicable law; (iv) attempt to reverse engineer or extract, decompile or otherwise derive any underlying components of KLDiscovery’s Software and associated Services; or (v) use the AI Services or Output (a) as the sole or primary basis for automated decisions producing legal or similarly significant effects on individuals; or (b) on behalf of any judicial or public authority in the administration of justice.
4. The Client retains all intellectual property rights in and to its Input and Output. Nothing in these clauses and the Agreement transfers ownership of the Input or Output to KLDiscovery. The Client grants KLDiscovery a worldwide, non-exclusive, royalty-free license to use, process, host, store, display, adapt, modify, create derivative works from, and distribute Inputs and Outputs as needed to provide, operate, maintain, and improve the AI Services. KLDiscovery or its licensors retain all intellectual property rights in and to the AI Services, including all related software, models, algorithms and systems.
5. Client acknowledges that the AI Services rely on automated and non-deterministic systems and that Output may contain errors or unintended results. The AI Services and Output are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. Client is solely responsible for reviewing and relying on any Output, and KLDiscovery has no liability arising from Client’s use of or reliance on any Output.
6. KLDiscovery reserves the right to immediately suspend or terminate access to the AI Services in the event that the Client commits a material breach of these ‘’AI Services Terms’.
7. Additionally, Client acknowledges that AI technology is consistently evolving and KLDiscovery may amend the provisions of these ‘AI Services Terms’’ periodically by providing notice to the Client. Unless otherwise stated, any updates shall take effect thirty (30) days after such notice. Continued usage of the AI Services following the effective date will be deemed acceptance of the revised clauses.
8. The Client shall ensure that use of the AI Services and any reliance on Output is supervised by an appropriately qualified lawyer or law firm with a lawyer-client relationship with the ultimate end-client or, where the Client is using its in-house legal team, supervision from General Counsel's office. Client acknowledges that such supervision shall be continuous, substantive and demonstrable throughout the matter with meaningful engagement in the direction of AI-assisted workflows, framing and approval of prompts, review and validation of AI-generated Outputs, coding designations and privilege determinations. The Client further acknowledges that it shall review and validate Output before any reliance or continued use and where such Output is shared with third parties, the Client shall ensure such recipients are informed that it has been generated through the use of AI, as required by applicable law.
9. KLDiscovery may use third-party AI enabled productivity tools to support routine communications, including the preparation or drafting of emails, summaries, progress updates or other administrative correspondence that may be exchanged between KLDiscovery’s project teams and Client. Such tools are used solely to enhance efficiency and communication quality and do not form part of the Software and associated Services themselves, nor do they generate deliverables or make decisions on behalf of KLDiscovery. All communications remain reviewed and validated by KLDiscovery’s personnel before being shared with the Client.

3. Privilege

1. Client engages KLDiscovery to assist Client's legal counsel in connection with the rendering of legal advice and services to Client. All Services under the Agreement will be performed at the request, direction, and general supervision of Client's legal counsel unless instructed otherwise.
2. It is the intent of all parties that all Services performed and all communications between them in connection with the Agreement shall remain subject to all applicable legal professional privilege, professional secrecy obligations, and equivalent protections under the applicable law. KLDiscovery shall: (i) comply with any reasonable direction of Client's legal counsel to preserve such protections; (ii) treat all related communications as confidential; (iii) promptly notify Client and Client's legal counsel upon receipt of any legal process seeking disclosure of potentially protected materials and not voluntarily disclose such materials without their prior written consent except as required by applicable law; and (iv) notify Client and Client's legal counsel of any inadvertent disclosure and cooperate to mitigate any resulting prejudice.

June 3, 2026