Agiloft vs Malbek: how they compare in 2026
Agiloft writes more of its promises into a published contract, while Malbek spells out its data handling in policy and puts its weight on the commercial side of contracting. Agiloft is a data first agreement platform for legal and procurement teams in nine industries. It runs single tenant or multitenant in five countries, connects through a Workato hub of more than 1,000 connectors, and offers Astra for Word review from a free plan. Its services agreement indemnifies customers for intellectual property claims and data misuse, and requires written consent before customer data trains a model. Malbek is built for legal, sales, procurement and finance teams working in one system. Its native Salesforce connector syncs both ways, BusinessIQ reads the portfolio for revenue and risk, and an MCP Server opens contracts to outside AI agents. Customers set their own retention periods, and Malbek's privacy policy promises notice before a compelled disclosure. Its public Terms of Use cap liability at the greater of $100 or a year of fees. Legal teams that negotiate vendor paper closely should start with Agiloft. Companies whose contracts begin with a Salesforce deal should start with Malbek.
Which one fits
Choose Agiloft if
- Your procurement team reads the vendor's contract before anything else. Agiloft's services agreement indemnifies you for intellectual property claims and for misuse of your data caused by its breach, and raises the liability cap to three times a year's fees for security and confidentiality breaches.
- You need a dedicated environment or data held outside the United States. Agiloft offers single tenant or multitenant hosting on AWS in Australia, Canada, Ireland, Germany or the United States, chosen in the order.
- You want written consent to stand between your contracts and any model training. Agiloft's agreement bars training on customer data without your explicit prior written consent, and Astra's Clean Data Promise says contract data never trains its models.
- Lawyers want to start in Word before a full rollout. Astra offers a free plan with unlimited users and the Word add in, and Pro starts at $120 a month billed annually.
- Your contracts touch many business systems. Agiloft's Integration Hub, built on Workato, offers more than 1,000 prebuilt connectors, and Agiloft for Salesforce runs as a managed package on Salesforce AgentExchange.
Choose Malbek if
- Your contracts start from Salesforce deals. Malbek's native connector syncs accounts, opportunities, quotes and products both ways, and returns approval, signature and execution status to the opportunity.
- Sales, procurement and finance work in the system alongside legal. Malbek has solution pages for each department, and BusinessIQ reads the whole portfolio for pricing terms, rebates, risk and obligations.
- You want to decide how long contracts are kept. Malbek lets customers define retention periods for contracts and attachments, deletes data when a period ends, and logs every deletion.
- Your teams already work in AI assistants outside the contract system. Malbek's MCP Server lets compatible assistants find, draft and negotiate contracts, with each action logged on a timeline.
- You want peers and analysts to point to. Malbek names customers such as Lighthouse, Cloud Software Group, EDF and TIBCO, and Gartner named it a Leader in its 2025 Magic Quadrant for contract life cycle management.
At a glance
All 15 axes, side by side
The same grid applied to every vendor in the index, graded from public sources. Hover a grade to see what the letter means on that axis.
AI Centrality
How much of the product is actually AI. Whether the machine learning is the mechanism the buyer is paying for or a feature layered onto conventional software, and whether the vendor is specific about which is which.
AI Trainer, ConvoAI Document Q&A, the GenAI Prompt Lab, generative redlining and Screens are sold as AI Applications on top of Agiloft's contract lifecycle management platform. The platform's workflows, repository, approvals and integrations predate them. The Services Agreement defines AI Applications as functionality made available as part of the subscription and specified in the order. The Supplemental Terms govern them as a separate add on class. The models drive these features, and the CLM itself runs without them.
The models drive core capabilities on a platform that works without them. The contract lifecycle system underneath covers creation, workflow, approvals, the repository, milestones and clickwrap. The AI arrives as named modules. Malbek AI extracts terms, reviews third party paper against playbooks and runs the Bek assistant, AI Pro turns a customer's own templates into playbooks, and BusinessIQ reads across the whole portfolio. Modules are one of the four inputs a quote is built from, and the AI subprocessors apply only to customers who subscribe to AI services. The October 2026 Composable CLM release adds an MCP Server for outside agents and Drift Detective for customers with Bek and BusinessIQ. Remove the models and a working contract lifecycle system remains.
Citation Accuracy and Hallucination Disclosure
Whether the vendor publishes measured accuracy on citations and assertions, grounds output to primary sources, and says plainly what its system does when it does not know. Legal has a documented public record of fabricated citations reaching filed briefs, so an untested claim of accuracy is not evidence.
Agiloft's contract question answering ties each answer to the passage in the contract that supports it and lets the user jump to the highlighted text, which the vendor calls white box AI. Its platform page claims 100 percent auditable, deterministic accuracy without a method, test set or benchmark. Section 9.3(c) of the Services Agreement states that AI features exhibit varying degrees of accuracy, and the Supplemental Terms require the customer to check output independently. The tool reads the customer's own contracts rather than primary law, so questions of legal authority do not arise.
Grounding is described as an architecture. Bek's Ensemble LLM approach chains specialized agents that check one another's output, combining Malbek's own AI and machine learning models with foundation models reached through AWS Bedrock and Azure. Malbek states that this produces results that are well grounded and cited, and BusinessIQ answers through Bek with evidence drawn from the customer's contracts. The Malbek AI page claims unparalleled accuracy and reliability. No accuracy figure, test set or evaluation is published, and no failure mode is named, hallucination included. The source material is the customer's own repository, so grounding to primary law does not arise.
Autonomy and Oversight Model
What the system decides on its own, what a lawyer must approve, and whether the vendor documents where the review point sits. A tool that drafts under review and a tool that files without one are different products and different risks.
Agiloft's AI proposes and a person decides in most features. Redlining proposes insertions and deletions against approved clause language for a negotiator to accept, playbook review in Word flags deviations for the reviewer, and contract answers link to the source text so a user can verify them. Astra's Ask AI agents go further, creating contract records from intake and updating dates, status and attachments, and the homepage markets AI that reviews, negotiates and onboards contracts automatically. Section 2.3(c) of the Services Agreement makes the customer solely responsible for evaluating output, and Astra logs who edits or accesses contracts. No threshold at which an agent acts without a person, and no route for correcting or reversing a wrong AI output beyond the customer's own review, is published.
In most features Malbek's AI recommends and a person decides. Playbook review flags deviations from preferred terms and recommends revisions, guided review gives each reviewer recommendations in real time, and Bek rewrites clauses that a user takes into the draft in Word. The privacy policy states that a score, rank or classification is a recommendation for a person to act on, which a user can review, override or ignore. The March 2025 Conversational Contracts release says customers can set verification steps so that critical decisions require human approval, while agents gather request details, start workflows and run bulk amendments. Actions taken through the MCP Server are logged with a timeline, and AI Pro playbooks sit under administrator control. A featured customer says about 80 percent of its templates no longer need legal review. No threshold at which an agent acts without a person is published, and nothing describes how a wrong output is corrected or reversed beyond the user's own review.
Operational and Outcome Evidence
Named, dated evidence that the product works in production at real firms or legal departments. Case studies with figures and identified customers count. Unattributed testimonials and launch announcements do not.
Named customers now carry figures on Agiloft's customer pages. AdaptHealth cut managed care contract timelines from 180 to 37 days, RUSH cut off process vendor payments by 80 percent, Young's Holdings cut the time spent finding contracts by 98 percent, King County reduced contract management costs fourfold, Portland Community College more than halved turnaround, Accor grew from 200 to more than 600 users, and CDW moved from 5 percent to 90 percent reporting capability in a few months. Agiloft also cites 99 percent implementation satisfaction and 96 percent customer retention. None of the figures carries a measurement method, and no customer count is published.
Named customers and attributed quotes carry the evidence, without measurement. Customer logos include EDF, SurveyMonkey, Aptean, Articulate, Lighthouse, TIBCO, J.D. Power and Darden. Ellen Kranz, senior contracts specialist at Lighthouse, says about 80 percent of templates no longer need legal review and that contracts go active within minutes or hours. Adrienne Schaal, director of legal operations at Cloud Software Group, describes a Salesforce integration configured in minutes and field mapping without IT. Jeff Peduto, SVP of operations, describes renewal alerts 90 days ahead. The Salesforce page claims a 97 percent cut in legal touchpoints. A panel of headline figures, including 120 percent customer retention and 90 percent who would recommend Malbek, gives no basis, sample or date. Gartner named Malbek a Leader in its 2025 Magic Quadrant for contract life cycle management, and IDC named it a Major Player in its 2025 assessment of buy side contract applications.
Privilege and Confidentiality Posture
How client confidences are handled: attorney client privilege and work product treatment, segregation of one client matter from another, whether client data trains any model, and what the vendor commits to in writing rather than in marketing.
Section 2.3 of the Services Agreement and section 1 of the Supplemental Terms provide that customer data is not used to train AI Applications or AI Models without the customer's explicit prior written consent, and section 4.3 extends that consent requirement to developing or improving the services at all. Astra's Clean Data Promise adds that contract data is never used to train AI models regardless of account tier. The platform is offered single tenant or multitenant by order, and section 2.2 confines Agiloft's use of customer data to providing and maintaining the services. Section 14.3 deletes customer data within thirty days of termination. The subprocessor list names OpenAI and AWS Bedrock as AI providers, while the Supplemental Terms still name Microsoft Azure OpenAI and disclose its temporary storage for abuse monitoring. The agreement does not address attorney client privilege or work product.
Malbek's commitments on training and confidentiality are substantive, short of privilege. The privacy policy says Malbek does not use customer data to train the AI models it uses, that data sent to an AI provider does not train that provider's models, that its provider agreements carry a clause against training, and that providers may not use prompts or outputs for their own purposes. It processes customer data only on the customer's documented instructions and does not use it for its own purposes. The trust center adds that inputs, outputs and embeddings are never shared and never accessible to the model vendor. Each tenant's data is logically separated, contract records can be restricted from viewing after signature, and retention and deletion are stated. The October 2026 release says Drift Detective benchmarks a draft against hundreds of thousands of customers' executed agreements, without saying whose agreements those are or how they are anonymized. These commitments sit in a policy and on the trust center, and the master subscription agreement is not public. The Terms of Use say no attorney client relationship or privilege is created with Malbek, and nothing addresses how privileged or work product material held in the repository is handled.
UPL and Professional Responsibility Posture
Whether the vendor is clear that it supplies a tool rather than legal advice, who its audience is, and how it addresses unauthorized practice of law, competence and supervision duties, and jurisdiction limits. ABA Formal Opinion 512 is the reference point. Where the advice line is not the duty a product raises, the axis is read through the nearest professional duty it does raise: judicial conduct rules and the reviewing duty for products sold only to courts, and the duty to bill for time actually spent for products that draft time entries.
Section 9.3(b) of the Services Agreement states that Agiloft is not an attorney or law firm or a substitute for one. It adds that Agiloft does not provide advice, explanation, opinion or recommendation about legal rights, remedies, defenses, options, selection of forms or strategies. Section 9.3(c) and the Supplemental Terms state that AI output may be inaccurate and must be verified independently. The product is sold to legal and procurement teams. Agiloft's published terms do not describe how the product supports a supervising lawyer's duties, and name no jurisdiction limit beyond export control.
The Terms of Use draw the advice line. They state that Malbek is not a law firm or an attorney, may not perform services performed by an attorney and is not a substitute for one. Information on the service is not legal advice and is not guaranteed to be correct, complete or current, and no attorney client relationship or privilege is created. A user who believes Malbek has given legal advice about rights, remedies, defenses, forms or strategies is told not to proceed. The product is sold to legal, sales, procurement and finance teams inside companies, and the privacy policy treats scored or classified output as a recommendation for a person to act on. Nothing describes how the product supports a supervising lawyer's duties, and no jurisdiction limit is named beyond export controls. A featured customer says about 80 percent of its templates no longer need legal review.
AI Governance and Bias Disclosure
Published governance over model behavior: who owns it inside the vendor, what is tested before release, and what is disclosed about disparate output across matter types, parties, or populations.
The vendor markets white box AI that shows its reasoning by linking answers to source text. The Supplemental Terms bind customers to the Microsoft AI Code of Conduct, OpenAI usage policies and the AWS responsible AI policy, and section 3 warrants that insights from usage data are anonymized. Agiloft's terms and product pages set out no responsible AI framework of its own, no ISO 42001 or equivalent standard, no description of testing before release and no statement about uneven output. They name no accountable owner for AI governance. Agiloft also runs a trust portal at trustportal.agiloft.com.
Malbek's privacy policy, effective 3 September 2026, sets written rules for how its AI behaves. It names Malbek AI and BusinessIQ as the features that use AI, some of it on licensed third party models. It says the product tells users when they are dealing with an AI system, and marks generated or materially altered text as AI generated in machine readable form where that is feasible. Malbek makes no decisions with legal or similarly significant effects by automated means alone. A feature that scores, ranks or classifies a contract or a party produces a recommendation that a user can review, override or ignore, and Malbek commits to explain the system and offer human review if that changes. It also commits to advance notice before a new AI provider is added. The trust center's AI safeguards answer describes defenses against instruction override, data exfiltration through format manipulation, output hijacking, CSV injection, attack chains with several stages and delimiter confusion. Releases are certified by the QA team and opened through a management ticket. No one inside Malbek is named as accountable for AI outcomes, no testing of model output before release is described, and nothing is said about uneven output across contract types or counterparties.
AI Safety and Data Stewardship
Retention, deletion, access control, and what happens to prompts and documents after they are processed. Whether the vendor states its subprocessors and its incident practice, or leaves the buyer to assume.
Section 14.3 of the Services Agreement deletes customer data within thirty days of termination unless law requires longer, and section 4.2 allows export at any time. The subprocessor list, updated 15 July 2026, names AWS, AWS Bedrock and OpenAI with their locations, and section 16.2 says updates may be provided by email. The Supplemental Terms disclose Microsoft's temporary storage of AI content for abuse monitoring. Section 5.1 commits to organizational, physical and technical precautions against access by employees and subcontractors, and Astra encrypts data, applies role based permissions and logs who edits or accesses contracts. Section 5.3 gives the customer a route for reporting incidents, and an incident notification commitment sits in the DPA.
Retention, deletion, access, subprocessors and incident practice are each set out in Malbek's own documents. The privacy policy, effective 3 September 2026, keeps customer data for the term of the subscription and deletes or returns it at termination under the data processing addendum. Backups persist until their cycle is overwritten. Audit records cannot be altered and are kept for the life of the customer instance, so a deletion request removes the contract record and keeps only the log entry showing the deletion. The trust center adds that customers set retention periods for contracts, attachments and related data, that data is irreversibly deleted when a period ends, and that retention and deletion activity is logged. Access runs through role based permissions, single sign on, phishing resistant multifactor authentication and SCIM provisioning, and audit logs capture role, configuration and file changes. The subprocessor list names sixteen providers with function and location. If an incident affects customer data, Malbek notifies the customer without undue delay and within the period in the addendum, and supplies what the customer needs to meet the 72 hour deadline that applies under the GDPR. The addendum itself is released through the trust center on request.
AI Liability and Recourse
What the vendor stands behind contractually when its output is wrong. Indemnities, caps, carve outs, insurance, and whether any of it is published or only reachable through a negotiated agreement.
Section 10.1 of the Services Agreement, version 1.2 of 22 July 2026, gives an indemnity for intellectual property infringement. A second indemnity covers unauthorized disclosure or misuse of customer data resulting from a breach of the data use or security obligations. Section 10.2 sets out exclusions, and the mitigation remedies include a pro rata refund. Section 11 caps each party at twelve months' fees and raises the cap to three times that for breaches of the security, confidentiality and compliance sections. Gross negligence, willful misconduct, fraud and the indemnities sit outside any cap. Section 9.2 warrants material conformity, with a remedy of repair or refund. The Supplemental Terms state that AI output is provided as is and that Agiloft has no liability for any damages arising from use of output. Neither document mentions insurance.
Malbek's Terms of Use, updated 9 March 2025, cover the website, its applications and plug ins, and the services provided through it. For a paying customer on a master subscription agreement, they apply only where that agreement says nothing different, and the master subscription agreement is not public. The Terms provide the service as is and with all faults. They disclaim every warranty, including accuracy, completeness and fitness for a particular purpose, and say Malbek does not warrant that the service is free of errors. Malbek's total liability is capped at the greater of $100 or the fees paid in the twelve months before the claim. The cap does not apply to death, property damage or personal injury caused by Malbek's gross negligence, or to injury caused by its fraud. The indemnity runs one way, from the customer to Malbek. The Terms give no indemnity for intellectual property or data claims, no remedy for a service that does not perform, and mention no insurance.
Practice Systems Integration Depth
How deeply the product reaches into the systems legal work already lives in: document management such as iManage and NetDocuments, Word and Outlook, contract lifecycle management, matter management, e-billing, and court filing systems.
The Integration Hub is an embedded integration platform powered by Workato, which Agiloft says offers more than 1,000 prebuilt connectors. Agiloft for Salesforce launched on Salesforce AgentExchange in August 2026 as a no code managed package that passed Salesforce's security review, and Astra works inside Microsoft Word. Public help documentation sits on the Agiloft wiki, and the Services Agreement addresses third party services. The pages describing the hub cover its depth in general terms and do not say what a firm must configure or which systems sync in which direction.
Malbek documents integrations into the systems contracting runs through, and what they move. More than 50 are listed in a directory that filters by type, connection and direction, across CRM, ERP, electronic signature, storage, identity, collaboration and business intelligence. The Salesforce connector is native and syncs in both directions in real time. It covers accounts, opportunities, quotes, contacts, leads, products and custom objects, starts contract workflows from deal events, fills templates from opportunity data, and returns approval, signature, redlining and execution status to the opportunity record. One Malbek instance can connect several Salesforce orgs. Customers map fields through a drag and drop interface without code or IT. Named targets also include NetSuite, SAP and SAP Ariba, Coupa, Workday, Microsoft Dynamics, ServiceNow, Slack, Microsoft Word, SharePoint, DocuSign and Adobe Sign. A REST API covers systems without a connector, and the MCP Server opens the contract layer to outside AI assistants. The plans page says some integrations are included and others cost extra.
Deployment Model and Data Residency
Where the software runs and where the data sits. Multi tenant cloud, single tenant, private deployment, on premises, and whether region of residence is a published option or an enterprise conversation.
The Services Agreement defines the core platform as available on a single tenant basis, meaning a dedicated cloud environment for one customer, or on a multitenant basis, chosen in the order. The subprocessor list names AWS as the core host in Australia, Canada, Ireland, Germany and the United States, AWS hosting for Astra in Germany and the United States, AWS Bedrock in Germany and the United States, and OpenAI in the EU and the United States. The privacy notice says data is processed in the United States and, for certain customers, in the EU, Australia, the United Kingdom or Canada. An EU Data Act addendum gives 30 days to retrieve data and deletion within 30 days after that. What changes between tiers, and which AI provider serves a given customer's region, is not stated.
The tenancy model and the hosting country are both stated. The trust center describes a multitenant architecture in which each customer's contracts and data are logically separated, with security policies, patching and monitoring applied the same way across all tenants. Backups are encrypted with geographic redundancy, and the platform runs across several AWS availability zones. The privacy policy says production infrastructure is hosted in the United States and that personal data from other countries is transferred there, with standard contractual clauses for Europe, the United Kingdom and Switzerland. Some service providers operate in Ireland and Sweden. The AI services on the subprocessor list, AWS, Google Document AI and Microsoft Azure AI, are all listed in the United States. No choice of region and no dedicated single tenant option is described.
Security Certifications and Trust Center
Independent attestation a buyer can pull without a sales call: SOC 2, ISO 27001, penetration test summaries, a trust center with current reports and named scope rather than a badge image.
Agiloft's security page lists SOC 1, SOC 2, ISO 27001 and ISO 27701, and the DPA cites annual SOC 1, SOC 2, ISO 27001 and Cyber Essentials Plus audits. Section 5.2 of the Services Agreement says independent auditors have reviewed the design and effectiveness of its security controls, and reports are available through the trust portal at trustportal.agiloft.com with a signed NDA. No auditor, coverage period or scope is published outside the reports.
Malbek holds SOC 1 Type II and SOC 2 Type II attestations in its own name. Its trust center carries 2026 Type II reports for both, and the SOC 2 scope covers security, availability and confidentiality. The reports, a penetration testing summary, architecture and data flow diagrams and the data processing addendum are released through the trust center on request, under a confidentiality agreement where the document requires one. The ISO 9001, ISO 27001, ISO 27017, ISO 27018, PCI DSS Level 1 and SOC 1, 2 and 3 certifications listed beside them belong to AWS for the hosting, not to Malbek. Malbek also describes annual independent security audits, regular penetration testing, a security operations center, intrusion detection and quarterly security awareness training. No auditor or coverage period is published outside the reports.
Model Supply Chain Disclosure
Which models sit underneath, whose they are, where they run, and whether the vendor commits to telling customers when that changes. A legal buyer inherits every dependency it cannot see.
Agiloft's subprocessor list, updated 15 July 2026, names OpenAI, in the EU and the United States, and AWS Bedrock, in Germany and the United States, as AI service providers for AI assisted features. The Supplemental Terms, version 1.0 of April 2025, still say certain AI Applications may be powered by Microsoft Azure OpenAI Service and disclose Microsoft's temporary storage of input and output for abuse monitoring, so the two documents disagree. The incorporated acceptable use policies are Microsoft's, OpenAI's and AWS's. Section 16.2 of the Services Agreement, version 1.2, says updates to the list may be provided by email, without a notice period or objection right. No model is named and providers are not mapped to features.
Malbek names its AI providers but not its models. Malbek describes Bek's Ensemble LLM approach as combining its own AI and machine learning models with foundation models reached through AWS Bedrock and Azure. The subprocessor list names Amazon Web Services for hosting and AI services, and Google Document AI and Microsoft Azure AI for AI services, all in the United States, and marks the last two as applying only to customers on AI powered services. The privacy policy names the same three, commits to advance notice before a new AI provider is added under the data processing addendum, and says Malbek's agreements with AI providers carry a clause against training. Azure OpenAI also appears among the integration logos on the plans page. No individual model is named, the models offered through Bedrock are not identified, and no feature is mapped to a provider.
Commercial Transparency
Whether a buyer can learn what this costs without entering a sales process: published rates, the unit being charged, what sits behind an enterprise tier, and what implementation adds.
Astra has a free plan with unlimited users, 1,000 credits a month and unlimited use of the Word add in. Pro starts at $120 a month with annual billing, with tiers of 2,500, 5,000, 10,000, 20,000 or 40,000 credits whose individual prices are not shown. Advanced has custom pricing, single sign on and dedicated support. The broader CLM subscription is quoted through an order specifying user types, quantities and additional services, and enterprise implementation is handled by Agiloft or a partner. The Astra entry rate is separate from the price of CLM deployment, its integration package and enterprise configurations.
Malbek publishes the structure of its price without a figure. The plans page builds every quote from four inputs: user types, number of users, modules and Malbek connections, and says customers pay only for what they need. Some integrations are included and some cost extra. Implementation is scoped from a few data points and delivered in phases, until the customer can run and expand the platform on its own. Support comes by phone, email and the help center, with access to support and success teams after go live, and monthly training carries no extra cost. No number, band, plan name or feature split between packages is published, so the shape of the price is visible and its size is not.
Firm and Practice Coverage
Who the product is actually built for. AmLaw, midlaw, small firm and solo, in house departments, government and courts, and which practice areas are supported rather than merely claimed.
Solution pages address legal and procurement functions and nine industries: financial services, healthcare, manufacturing, business services, pharma and biotech, software and technology, energy, government and education. The product is sold to enterprises, with 2026 Pacesetter award winners including Dell Technologies, UBS, U.S. Bank, Shell and Equinix. The platform is offered single tenant or multitenant, with an EU Data Act addendum. The Services Agreement bars use for high risk activities, and Agiloft names no contract type or practice area as unsupported and describes no law firm use.
Malbek sells to corporate enterprises rather than law firms. Separate solution pages cover sales, legal, procurement and finance, each with its own purpose. Four industries also have their own pages: life sciences, manufacturing, consumer packaged goods and retail, and the life sciences page covers clinical, commercial and regulated agreements. Malbek states compliance with GDPR and CCPA. BusinessIQ's early adopters are Fortune Global 500 companies in healthcare and life sciences, technology and manufacturing, none of them named. Law firms are neither claimed nor excluded. No organization size is stated, government use is not addressed, and no contract type is named as unsupported.
The 12 legal signals, side by side
Recorded rather than graded. These are the questions a practitioner has to answer before a tool touches a client matter, and the answers are taken from public material only.
Client Data in Training
Can material a lawyer puts into this product be used to train a model?
Training on customer data happens only if the customer affirmatively enables it, and the switch is written consent under the agreement. Agiloft's service and supplemental terms require explicit prior written customer consent before client content is used to train an AI model. Section 4.3 provides that Agiloft does not use customer data to develop or improve the services without the same consent. Usage data, defined to exclude the contents of customer data, may be used to improve the AI Applications.
Malbek's policy says no, and its published Terms of Use never name training. The privacy policy, effective 3 September 2026, states that Malbek does not use customer data to train the AI models it uses. It adds that data sent to an AI provider does not train that provider's models, that Malbek's agreements with AI providers carry a clause against training, and that providers may not use prompts or outputs for their own purposes.
Malbek's trust center FAQ adds that data isolation means customer data is never used for model training. The Terms of Use let Malbek use customer data as needed to provide the service, and reserve a right to review content to operate and improve it, without naming training. The master subscription agreement and data processing addendum are not public. The October 2026 Composable CLM release says Drift Detective benchmarks a draft against hundreds of thousands of customers' executed agreements, and that the system keeps learning as more contracts are executed, without saying whose agreements those are.
Prompt and Output Retention
How long does the product keep what a lawyer typed, and can that be set to zero?
Section 14.3 of the Services Agreement deletes all customer data, which includes input and output, within thirty days of termination unless law requires longer. Section 4.2 allows export at any time during the term. The Supplemental Terms disclose that Microsoft temporarily stores AI input and output for debugging and abuse monitoring. The terms set no shorter or configurable window for prompts and outputs during the term, and the customer cannot change the published period.
The customer sets the retention window for its contracts, and no separate window is stated for prompts. Customers define retention periods for contracts, attachments and related data, data is irreversibly deleted when a period ends, and retention and deletion activity is logged. The privacy policy keeps customer data for the term of the subscription and deletes or returns it at termination under the data processing addendum, with backups kept until their cycle is overwritten.
Audit records cannot be altered and are kept for the life of the customer instance. AI providers may not use prompts or outputs for their own purposes, but no period is given for how long prompts and Bek conversations are kept. No setting to keep nothing is offered.
Ethical Walls and Matter Segregation
Does retrieval respect the firm’s ethical walls, or can the model read across them?
The Services Agreement sets out separation at the tenant level. It defines single tenant as a dedicated cloud environment for one customer and multitenant as an environment that may be shared, with the choice made in the order. Section 2.2 confines Agiloft's use of customer data to providing the services. The agreement does not describe matter level or department level walls within a customer's instance, or how the AI Applications respect user permissions. Agiloft also publishes a security page.
Malbek runs its own permission model, and the customer keeps it aligned. Role based access gives each user only the contracts, data and features their role needs, and SCIM provisioning from the identity provider keeps accounts and roles in step with the directory. Contract records can be restricted from viewing or use after signature, under the customer administrator's control, and permission changes are captured by the audit function.
Each tenant's data is logically separated in a multitenant architecture. The Malbek AI page says the MCP Server preserves permissions, business rules and an audit record when outside agents act. Nothing describes walls between matters or business units inside one customer's instance, or how Bek and BusinessIQ answers respect a user's permissions.
Third Party Request and Subpoena Notice
If someone subpoenas the vendor for a firm’s data, does the firm hear about it first?
Section 7.3 of the Services Agreement permits disclosure of confidential information, which includes customer data, to the extent required by law. Where legally permitted, the receiving party must give the disclosing party prompt notice of the compelled disclosure and reasonable assistance should it wish to contest it. Section 5.1 refers to the same clause for compelled access to customer data. Agiloft publishes no transparency report.
Malbek's privacy policy commits to telling the customer first. When Malbek receives a demand for customer data, it reviews the demand for validity and scope, challenges demands that are overbroad or unlawful, and redirects the requester to the customer where the customer is the right party to respond. It notifies the affected customer before disclosing anything unless the law prohibits it, and then as soon as the prohibition lifts, and discloses no more than the demand requires.
The Terms of Use separately allow Malbek to share information to comply with a subpoena or other legal process and say nothing about notice. The master subscription agreement is not public. No transparency report is published.
Primary Law Corpus Provenance
Where does the law in this product come from, and does the vendor have the right to use it?
The product is not built on a legal corpus. ConvoAI answers questions about the customer's own contracts with links to the source passage, AI Trainer learns from the customer's own documents, and generative redlining works from the customer's approved clause language. Agiloft's news releases and terms name no primary law source, license or update cadence.
No outside legal content feeds Malbek's answers. The product analyzes the customer's own contract repository, and BusinessIQ distills that repository into intelligence on revenue, risk and obligations. Drift Detective benchmarks drafts against executed customer agreements rather than a legal publisher's content. No external database, publisher, content license or jurisdiction coverage is named.
Good Law Verification
Does the product tell you when the authority it just cited has been overruled?
The product does not retrieve or cite primary law. Its output is contract answers, redlines and extracted data, and Agiloft's site and documentation say nothing about checking an authority for subsequent history.
Malbek does not retrieve or cite primary law. It works on the customer's own contracts, surfacing clause level risk, obligations and commercial exposure rather than case law or statute. Nothing on its pages addresses checking an authority for subsequent history, which this kind of product has no reason to do.
Refusal and Uncertainty Behavior
What does the product do when the answer is not in the corpus?
ConvoAI Document Q&A links each answer to the supporting passage so the user can verify it in the source, which the vendor markets as white box AI. The product documents how a user checks an answer rather than what the model does when it cannot answer. Neither the February 2025 release nor the terms state an abstention path or confidence signal for questions with no supporting passage. The terms require independent checking of every output.
Agents check one another's work, and no way for the product to decline is described. Bek's Ensemble LLM approach chains specialized agents that cross validate output, which is a quality control rather than a refusal path. No confidence score, grounding score or answer of no support is described as visible to the user. The trust center's AI safeguards answer deals with attacks on the model rather than model error, and hallucination is not named on Malbek's pages.
Fabricated Citation Record
Does a public court record exist addressing fabricated or hallucinated legal citations in output from this product?
On October 15, 2026, the AI Hallucination Cases database had no tool entry naming Agiloft or its Astra product. An unrelated reference to AstraZeneca does not identify this contract software. Agiloft's playbook review and contract questions can still generate material requiring lawyer verification. The absence of a named court entry concerns the database's case coverage and does not measure the correctness of any particular generated clause or answer.
No court order, opinion or disciplinary record in the AI Hallucination Cases database names Malbek or its Bek assistant. Malbek's AI drafts, reviews and summarizes contract language rather than citing case law, and its output still needs a person to check it. This is a statement about the public record on one subject, not a finding about the product.
Bar Guidance Alignment
Has the vendor engaged in public with the ethics opinions its buyers are bound by?
Section 9.3(b) of the Services Agreement addresses the line between tooling and legal advice, and the Supplemental Terms incorporate the AI providers' acceptable use policies. Neither the terms nor Agiloft's news releases name an ethics opinion, bar rule or professional responsibility framework, or any bar or regulator guidance on lawyers' use of AI.
Ethics, in Malbek's materials, means corporate conduct rather than professional duty. The trust center's ethics answer covers policies against slavery, bribery and discrimination, and on sustainability. No bar association, ethics opinion or professional code is named, and the Terms of Use draw the advice line without citing any guidance. The buyer is a corporate department rather than a regulated practitioner.
Billing and Fee Posture
Does the vendor address what happens to the bill when the work takes an hour instead of six?
The product is sold to legal and procurement teams inside companies, which bill no client, so it sits outside a lawyer to client fee relationship. Agiloft frames its savings in cycle time and negotiation loops rather than fees. Its materials do not address how AI assisted work is recorded or disclosed on a bill, and no law firm is a named buyer segment.
The product sits outside a fee between a lawyer and a client. Malbek is bought by corporate legal, sales, procurement and finance teams, which bill no client for contract work. Its savings claims aim at the buyer's own time and cost. A featured customer says about 80 percent of templates no longer need legal review. Malbek claims a 97 percent cut in legal touchpoints through its Salesforce connector, and that 91 percent of customers report higher productivity. No law firm is a named buyer segment.
Outside Counsel Guideline Readiness
Can a firm get this vendor through a client’s AI clause without a bespoke negotiation?
Agiloft publishes a current subprocessor list, updated 15 July 2026, that names OpenAI and AWS Bedrock as AI service providers with their locations, and the Services Agreement defines AI service providers by reference to that list. Updates may be provided by email. The Supplemental Terms still name Microsoft Azure OpenAI Service and incorporate the Microsoft, OpenAI and AWS policies, and the DPA is published, so a firm has material it could show a client, though the two documents disagree on the provider.
Malbek publishes a current subprocessor list on its trust center, with sixteen providers and the function and location of each. Amazon Web Services carries hosting and AI services, and Google Document AI and Microsoft Azure AI are AI services that apply only to customers on AI powered features. The privacy policy names the same AI subprocessors, commits to advance notice before a new AI provider is added, and says Malbek's agreements with those providers forbid training.
The trust center FAQ adds that foundation models are reached through AWS Bedrock and Azure. The data processing addendum, SOC reports and architecture documents are listed on the trust center and released on request, under a confidentiality agreement where needed.
Court Disclosure Support
If a judge’s standing order requires an AI disclosure, can the product produce one?
ConvoAI's source linked answers let a user verify each answer inside the product. Agiloft's news releases and terms do not describe exporting a record of the model used, sources and human verification for a court, or certifying AI assisted work. The product produces no work product meant for court.
Parts of a disclosure record exist, with no export built for one. The privacy policy says text the service generates or materially alters is marked as AI generated in machine readable form, so far as that is technically feasible. Audit logs capture role, configuration and file changes, and the October 2026 release says every action taken through the MCP Server is logged with a timeline. No export of the model used, the sources retrieved and the person who checked an output is described. The product serves corporate contracting rather than litigation, so no court sits in its path.
The questions both sides leave open
Derived from the records above rather than written, so it cannot favor either vendor. Take these into both conversations and ask each side the same question.
- Primary Law Corpus Provenance
- Good Law Verification
- Bar Guidance Alignment
Product updates
The latest logged changes from each vendor, newest first, each linked to its source.
Agiloft
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Product / capability
The Astra October 2026 release extends confidence scores from core data fields to Standards, Questions and AI Columns in AI Projects.
Source
Malbek
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Integration / interoperability
Malbek made its MCP Server generally available at its Envision 2026 event, as part of what it calls Composable CLM.
Source
In summary
Agiloft
Agiloft is an enterprise contract lifecycle platform, based in Redwood City and backed by KKR, JMI Equity and FTV Capital, that legal and procurement teams in nine industries use to create, negotiate, approve, sign and track contracts. Its Astra layer reviews drafts against playbooks in Word, answers contract questions with links to the supporting text and proposes redlines from approved clause language, and its Ask AI agents open contracts from intake requests and update dates, status and attachments. AdaptHealth, on Agiloft's customer pages, cut managed care contract timelines from 180 to 37 days. The AI Legal Index maps an agreement that indemnifies customers for intellectual property claims and for misuse of their data caused by Agiloft's breach, with the cap tripled for security breaches. The main caveat is the model route. Agiloft's July 2026 subprocessor list names OpenAI and AWS Bedrock, while its April 2025 Supplemental Terms still name Microsoft Azure OpenAI, and full CLM pricing comes by quote.
Malbek
Malbek is a contract lifecycle platform from Princeton, New Jersey, for corporate legal departments and the sales, procurement and finance teams that contract with them. It covers creation, workflow, approvals and the repository, and adds Malbek AI for playbook review and clause extraction, Bek for contract questions and Word drafting, BusinessIQ for portfolio intelligence and Klix for clickwrap. Lighthouse's contracts specialist says about 80 percent of its templates no longer need legal review. In Malbek's privacy policy and trust center the AI Legal Index picks out a ban on training the models Malbek uses, customer set retention periods and notice to the customer before any compelled disclosure. The main caveat is the contract behind those promises. Malbek's public Terms of Use cap its liability at the greater of $100 or a year of fees and give no indemnity, its master subscription agreement is not public, and it publishes no price.
Questions buyers ask
How does Agiloft compare to Malbek for enterprise contract management?
Agiloft and Malbek are both enterprise contract lifecycle platforms with AI sold on top of a working system. Agiloft starts from legal and procurement, with a published services agreement that carries indemnities, a raised cap for data breaches and a choice of single tenant hosting in five countries. Malbek starts from the commercial side, with a native two way Salesforce connector, BusinessIQ portfolio intelligence and an MCP Server for outside AI assistants. Malbek sets out retention, deletion and incident notice in its privacy policy and trust center, while its public Terms of Use limit liability to the greater of $100 or a year of fees. From the AI Legal Index, based on each vendor's own published materials as of November 5, 2026. No vendor pays for placement.
How much do Agiloft and Malbek cost?
Agiloft publishes an entry price for Astra, its contract intelligence layer. Astra has a free plan with unlimited users, 1,000 credits a month and the Word add in, and Pro starts at $120 a month billed annually. The full Agiloft CLM is quoted by order, by user type and quantity, with implementation by Agiloft or a partner. Malbek publishes no price. Its quote is built from user types, number of users, modules and system connections, some integrations cost extra, and monthly training is included at no extra cost. From the AI Legal Index, based on each vendor's own published materials as of November 5, 2026. No vendor pays for placement.
Do Agiloft and Malbek train AI models on customer contracts?
Agiloft's services agreement and Supplemental Terms bar training on customer data without the customer's explicit prior written consent, and Astra's Clean Data Promise says contract data is never used to train AI models. Malbek's privacy policy says customer data does not train the AI models it uses, and that its agreements with AI providers forbid training. Malbek's public Terms of Use do not mention training. Its October 2026 release says Drift Detective benchmarks drafts against hundreds of thousands of customers' executed agreements, without saying whose agreements those are. From the AI Legal Index, based on each vendor's own published materials as of November 5, 2026. No vendor pays for placement.
Which AI providers and hosting do Agiloft and Malbek use?
Agiloft runs on AWS, single tenant or multitenant, in Australia, Canada, Ireland, Germany or the United States. Its July 2026 subprocessor list names OpenAI and AWS Bedrock for AI features, while its April 2025 Supplemental Terms still name Microsoft Azure OpenAI Service. Malbek runs a multitenant platform with production hosting on AWS in the United States. Its subprocessor list names AWS, Google Document AI and Microsoft Azure AI for AI services, and its privacy policy promises customers advance notice before a new AI provider is added. From the AI Legal Index, based on each vendor's own published materials as of November 5, 2026. No vendor pays for placement.
How do Agiloft and Malbek connect to Salesforce and other systems?
Agiloft's Integration Hub runs on Workato and offers more than 1,000 prebuilt connectors, and Agiloft for Salesforce launched on Salesforce AgentExchange in August 2026 as a managed package that needs no code. Astra works inside Microsoft Word. Malbek lists more than 50 integrations, set up without code through Malbek Marketplace. Its Salesforce connector, as the AI Legal Index charts it, syncs accounts, opportunities, quotes, contacts and products in both directions and starts contract workflows from deal events. Malbek also connects to NetSuite, SAP, Coupa, Workday, DocuSign and Word, and its MCP Server opens contracts to outside AI assistants.
Neither vendor paid for inclusion, placement or a grade, and neither reviewed this page before it published. Everything on it comes from public material on the dates shown. How the index grades.
Neither vendor publishes a test of its AI's accuracy, names the models behind its features, or says how its AI respects walls between matters or departments inside one customer's instance. On an Agiloft order, the points to settle are which AI provider serves your region, since two of its documents name different ones, the prices of the Pro credit tiers and the full CLM, and whether Ask AI agents need approval before they change contract data. On a Malbek order, they are the liability cap and indemnity in the master subscription agreement, whose executed agreements Drift Detective draws on, and how long Bek keeps prompts and conversations.