Terms of Service

These Terms govern your use of Fast Focus, a case-screening consulting service operated by The Pen Is Mightier Content Creators, LLC ("Mightier," "we," "us"). By submitting a case for screening or otherwise using the service, you agree to these Terms.

The service

Fast Focus is a non-attorney consulting service that gathers structured feedback from a panel of survey respondents about case scenarios you submit. We deliver that feedback to you in the form of quantitative response data, qualitative quotes, and a written report.

Fast Focus is not a law firm, does not provide legal advice, and does not establish an attorney-client relationship with you. The respondents on our panel are not lawyers, judges, or actual jurors. They are members of the general public providing opinions on hypothetical scenarios.

Who can use Fast Focus

The service is intended for licensed attorneys evaluating potential representation in civil litigation matters. By using the service, you represent that you are either (a) a licensed attorney in good standing in at least one U.S. jurisdiction, or (b) acting on behalf of such an attorney with their authorization.

Your responsibilities

You are solely responsible for the case information you submit, including ensuring that:

• You have the right to submit the information for screening purposes
• The information you submit does not include privileged communications you are not authorized to share
• You comply with applicable rules of professional conduct in your jurisdiction, including confidentiality obligations to your clients and prospective clients
• Any final decision regarding case selection, representation, settlement, or litigation strategy is yours alone

You acknowledge that survey responses are opinions of laypersons reacting to limited information, and that real-world litigation outcomes depend on many factors not captured in a screening exercise.

Confidentiality

We treat case information you submit as confidential to the extent permitted by these Terms. Specifically:

• We do not publicly disclose case-identifying information you mark as confidential
• Survey respondents see only the anonymized scenario you provide; they do not see party names, attorney names, or identifying case details unless you choose to include them
• Our staff and contractors handling your case data are bound by confidentiality obligations
• We may use anonymized, aggregated data about service usage for product improvement

You should not submit information that you are legally prohibited from sharing with a non-attorney consultant. If you are uncertain whether information may be shared, consult your jurisdiction's rules of professional conduct or seek guidance from an ethics advisor before submitting.

Payment and refunds

Fees are charged at the time you submit a screening request. If a screening cannot be completed for technical reasons attributable to us, we will issue a full refund. Once a screening has been delivered, fees are non-refundable, though we will work in good faith to address material errors in the deliverable.

Intellectual property

The deliverables we provide (response data, written reports, dashboard access) are licensed to you for your internal use in evaluating the submitted case. You may share excerpts with co-counsel, expert witnesses, or clients evaluating engagement, but you may not republish or commercially redistribute the deliverables without our written consent. We retain ownership of the underlying methodology and software platform.

No warranties

The service is provided "as is." We disclaim all warranties to the maximum extent permitted by law, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that any particular response data will be predictive of actual case outcomes.

Limitation of liability

To the maximum extent permitted by law, Mightier's total liability arising out of or relating to the service is limited to the amount you paid for the specific screening that gave rise to the claim. We are not liable for indirect, incidental, consequential, special, or exemplary damages, including lost profits, lost opportunities, or damages arising from case-selection decisions.

Indemnification

You agree to indemnify and hold Mightier harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your submission of case information you were not authorized to share, your violation of professional conduct rules, or your reliance on screening results in a manner inconsistent with these Terms.

Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email to active customers and posted on this page. Your continued use of the service after changes take effect constitutes acceptance of the updated Terms.

Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the service shall be resolved exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts.

Contact

Questions about these Terms can be sent to hello@fastfocusconsulting.com.

Fast Focus is operated by The Pen Is Mightier Content Creators, LLC, Austin, Texas.