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CustodyComms End User License Agreement (EULA)

Effective Date: 12-31-2025

This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or an entity) and CustodyComms, LLC (“CustodyComms,” “we,” “us,” or “our”), the provider of the CustodyComms software application (“Software” or “App”). This EULA governs your installation and use of the Software, whether on a mobile device, computer, or any supported platform. By installing, accessing, or using the Software, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not install or use the Software.

Please note that this EULA is part of and incorporated into the CustodyComms Terms of Service. While the Terms of Service covers your overall relationship with CustodyComms (including use of our services and policies like subscription terms), this EULA specifically focuses on your rights and obligations regarding the software itself. In the event of any conflict between this EULA and the Terms of Service with respect to software use, this EULA will govern for those issues.

1. License Grant

Limited License: CustodyComms hereby grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited license to download, install, and use one copy of the CustodyComms Software on a compatible device that you own or control, solely for your own personal or internal business use in accordance with the CustodyComms Terms of Service and this EULA. This license allows you to use the Software’s features for their intended purpose: managing co-parenting communications and related records. You are not “sold” the Software; rather, you are given permission to use it under these conditions. All rights not expressly granted to you are reserved by CustodyComms and its licensors.

Single Device Rule: This license is issued on a per-account, per-device basis. As noted in the Terms, your account can only be actively logged into one device at a time. You may install the Software on multiple devices (PCs + Macs), but you understand that simultaneous usage is restricted; logging in on one will log out the other. Furthermore, because the data is stored locally, users would not currently be able to see their data shared via different devices. This is a deliberate feature, not a defect (see Terms Section 2). Therefore, your license covers use on one device at any given moment per account. If you need to switch devices, you may do so – the license transfers to the new device when you log in, and is automatically terminated on the old device’s instance.  You will only be offered 3 device switches per year. CustodyComms may modify this policy from time to time to prevent misuse of the license. If conditions occur where your device must be transferred more than 3 times in a year, please contact us at:  support@custodycomms.com

 

Platform and Distribution: CustodyComms may be made available through various distribution channels, including direct download from our website, third-party software marketplaces, legal practice management platforms (such as Clio), mobile app stores (such as the Apple App Store or Google Play), or other distribution partners (each, a "Distribution Platform"). If you obtain CustodyComms through a Distribution Platform, your use of the App is also subject to that platform's terms of service, usage rules, and policies. In the event of any conflict between this Agreement and the terms of a Distribution Platform, this Agreement governs your relationship with CustodyComms, while the Distribution Platform's terms govern your relationship with that platform. For example:

• Apple App Store: You may use the App on Apple-branded devices you own or control, as permitted by Apple's Usage Rules.

• Google Play: You may use the App on Android devices logged into your Google account, as permitted by Google Play's Terms of Service.

• Legal Practice Platforms (e.g., Clio): Your use may be subject to that platform's professional and data handling requirements in addition to this Agreement.

• Direct Download: If you download directly from CustodyComms, this Agreement is the sole governing document for your license.

This license will terminate as stated herein or if you violate these terms. Distribution Platform providers are third-party beneficiaries of this Agreement and may enforce it against you. However, CustodyComms, not the Distribution Platform, is solely responsible for the App and its content.

No Rights to Source Code: This license is only for the compiled, executable form of the Software (object code). You are not receiving any rights to the Software’s source code. You cannot access or use the source code unless we have expressly provided it (which we do not plan to, as it’s proprietary).

For Intended Use Only: The Software is licensed to you for the purpose described (communication and evidence management in co-parenting/legal contexts). Any other uses are not covered by this license and are breaches of it. For instance, using the Software as a general messaging app unrelated to co-parenting or legal cases isn’t a violation per se, but if you were to try to repurpose it or integrate it into another system without permission, that would be outside scope. We just ask you to use the app as a normal user would.

2. License Restrictions

By accepting this EULA, you agree NOT to do any of the following, and acknowledge that if you do, it is a material breach of this agreement:

  • No Copying or Distribution: You shall not copy the Software except for making a single backup copy or as otherwise necessary for its installation and execution. You may not publish, distribute, or disseminate the Software to any third party. For example, you cannot upload our app to another site or share it in a file repository for others.

  • No Modification or Derivative Works: You shall not modify, adapt, translate, or create derivative works based on the Software. This means you can’t alter our app’s code or combine it with other software to make a new product. (If something is open-sourced by us with a separate license, that’s different. But as of now, the app is proprietary.)

  • No Reverse Engineering: You shall not reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, or any part of it. The only exception is to the limited extent that applicable law (e.g., certain EU laws) expressly allows reverse engineering for interoperability purposes despite this restriction. In such a case, you’d need to contact us first and we may provide the needed interface info to avoid reverse engineering, as allowed by law. But otherwise, please do not attempt to break down our app.

  • No Circumvention: You shall not circumvent or attempt to bypass any technical limitations or security measures in the Software. This includes restrictions like the single-device login or the message limits on Free tier. You also agree not to enable or allow others to use features that are disabled or only for paid users without proper subscription. For example, do not try to hack the app to remove the watermark on free exports or to artificially reset message counts.

  • No Unlawful Use: You shall not use the Software for any illegal purpose or in violation of any laws. While this overlaps with the Terms of Service’s usage rules, we reiterate it here: if something is unlawful (like storing illicit content, using the app to harass, etc.), that’s a violation of your license to use our Software.

  • No Harmful Use: You shall not use the Software in any manner that could damage, disable, overburden, or impair our services or infrastructure. This includes not distributing viruses or malware through the app, not using automated scripts to send rapid messages, and not attacking our servers. Similarly, do not use the Software to attempt to gain unauthorized access to any system or account.

  • No Rental, Sale, or Transfer: You may not rent, lease, lend, sell, redistribute, or sublicense the Software. For example, you can’t “loan” your app installation to someone else or try to sell your account/license on eBay. The license is personal to you. If you are an entity, only your employees or contractors can use it for your internal business, and you can’t give it to outsiders.

  • No Use for Competitor Analysis: You shall not use the Software to build a competing product or service, or to analyze its features for competitive benchmarking. We don’t want our good faith in giving you access to turn into someone copying our unique features. So if you’re working for a competitor, you should not be using CustodyComms, and certainly not to reverse-engineer or copy concepts. (Using it for genuine personal needs while also happening to be a competitor’s employee is grey area; the main point is don’t misuse inside knowledge to clone our app.)

  • Open Source Components: The Software may include some open-source components that come with their own licenses. Those licenses may give you direct rights to those components and require certain attributions. We include an Attributions section (likely in-app or in documentation) where needed. To the extent an open-source license conflicts with any part of this EULA, the open-source license governs for that component only, and only to the minimum degree of conflict. We certainly don’t want to violate open source terms.

  • Export Control: You must comply with all applicable U.S. and international export control and sanctions laws in using the Software. You represent that: (a) you are not located in a country that is subject to a U.S. government embargo or designated as a “terrorist supporting” country (for example, as of now, places like North Korea, Iran, Cuba might be restricted), and (b) you are not on any U.S. government list of prohibited or restricted parties (such as the SDN list). You cannot download or use the app if these conditions apply to you. Also, you agree not to export or re-export the Software to any such countries or parties. Essentially, don’t take our app to sanctioned countries or give it to sanctioned individuals.

  • No Removal of Notices: You must not remove, alter, or obscure any proprietary notices (like copyright, trademark symbols) or labels displayed within the Software. For example, if the app’s about screen says “© 2025 CustodyComms, LLC,” you shouldn’t tamper with that. Also, if there’s any watermark or footer on exports for free users, you shouldn’t try to strip that out manually to pretend it’s premium (that’s both a ToS and license breach)

  • AI Analysis — Personal Use Only; Not for Court Submission: The AI-powered analysis features in CustodyComms are provided solely as personal tools to help you review and understand flagged incidents in your communications. These features are intended for your own informational purposes only.

    • You agree that you will not:

      • Submit, present, or reference AI-generated analysis as evidence in any legal proceeding, including family court, custody hearings, mediation, or arbitration

      • Include AI-generated insights in any court filings, declarations, affidavits, or exhibits

      • Represent AI-generated analysis as factual findings or expert conclusions

      • The evidentiary products of CustodyComms are the imported communications themselves—the original messages, metadata, and chain-of-custody documentation. AI analysis is a convenience feature for your personal review and does not constitute legal, psychological, or expert analysis.

      • Violation of this provision may result in immediate termination of your account. CustodyComms disclaims all liability for any consequences arising from the use of AI-generated analysis in legal proceedings, and you agree to indemnify CustodyComms against any claims resulting from such misuse.

Any breach of these restrictions may result in immediate termination of your license (meaning we could disable your account or the app’s functionality) and could also expose you to legal liability.

3. Installation, Updates, and Maintenance

Installation: You are responsible for installing the Software on your device. CustodyComms is not obligated to provide any physical media; distribution is via digital download. You must have a compatible device and operating system. We’ll list compatibility (Windows and Mac requirements). If your device isn’t compatible or updated, the Software may not function properly, and that’s not our responsibility

System Requirements: CustodyComms is designed to run on modern Windows and macOS computers. You are responsible for ensuring your device meets the minimum system requirements and is properly maintained.

Local AI Processing (Ollama): If you choose to use local AI analysis via Ollama, be aware that this feature places significant demand on your computer's processor (CPU), graphics processor (GPU), memory (RAM), and cooling system. Running local AI models is computationally intensive and may cause your device to operate at high temperatures for extended periods.

You acknowledge and agree that:

• You are solely responsible for ensuring your computer is properly maintained, adequately ventilated, and capable of handling intensive processing tasks.

• You should monitor your device's temperature and performance when using local AI features, especially on older hardware or laptops.

• Extended high-load processing on poorly maintained, inadequately cooled, or defective hardware may result in hardware degradation, component failure, overheating, or in extreme cases, fire or other damage.

• CustodyComms is not responsible for any damage to your hardware, data loss, personal injury, property damage, or any other harm resulting from the use of local AI features or any other features of the application.

If you are unsure whether your device can safely handle local AI processing, we recommend using the cloud-based OpenAI option instead, which offloads processing to remote servers and places minimal strain on your hardware.

Updates: CustodyComms may periodically release updates to improve functionality, security, or performance. You are responsible for installing updates in a timely manner. We are not liable for issues arising from your use of outdated versions of the software.

Permissions: During installation or first run, the Software may request certain device permissions (e.g., access to storage, camera, notifications). You can allow or deny them; note some functionality might not work if you deny. We only ask for what’s needed (like camera if you want to attach a photo; storage if saving a PDF). You can usually change permissions in device settings later.

Automatic Updates: We may release updates, bug fixes, patches, or new versions of the Software from time to time. If your device settings allow, the Software might automatically download and install updates. Alternatively, we might prompt you that an update is available. You agree that we can provide these updates, and that they are governed by this EULA (unless the update comes with a new license). It’s important to keep the Software updated for security and functionality. If you decline an update, certain features might not work or the Service might become inaccessible (especially if the update is required to maintain compatibility with server changes). We are not liable for issues arising from your failure to install updates.

Feature Changes: We reserve the right to modify or remove features of the Software at any time, through updates. For example, if a feature is outdated or poses security concerns, we might remove it. Or we might add new features for premium users. We are not obligated to maintain any particular feature for any specific duration. If we discontinue a feature you love, we apologize, but it’s within our rights as per this agreement. Of course, if a feature is core to what you paid for (in a subscription), we’ll try to replace it with something equivalent or better.

Support and Maintenance: CustodyComms will provide basic support for the Software as described in the Terms (see ToS Section 5 on Support). Essentially, Evidence Edition users get priority email support, free users get limited support. This EULA itself does not guarantee any specific support level or fix time. “Maintenance” – we handle behind the scenes maintenance of the service infrastructure. If we have to take the service down for maintenance, we’ll try to schedule it in off-peak hours and notify users. But the app’s offline core can still be used typically. We don’t guarantee the Software will work on every future OS or hardware – but we’ll do our best to keep up. If you encounter a bug, we encourage you to report it, and we’ll try to fix it in an update.

No Custom Modifications: We cannot customize the Software for individual users (outside perhaps offering settings options). The Software is provided as a standard product to everyone (except differences by subscription level). So please don’t ask us to tweak the code just for you – we likely won’t (unless it’s a common request or critical fix we make for all).

Third-Party Platform Terms (EULA): CustodyComms may be distributed through various third-party platforms, including but not limited to: Apple App Store, Google Play Store, legal practice management platforms (such as Clio), software marketplaces, and other distribution channels (each, a "Platform Provider"). If you obtain CustodyComms through any Platform Provider, the following terms apply:

  • This EULA is solely between you and CustodyComms, not with any Platform Provider. The Platform Provider is not responsible for the Software or its content.

  • Each Platform Provider through which CustodyComms is distributed is a third-party beneficiary of this EULA. Upon your acceptance of this EULA, the Platform Provider has the right to enforce this EULA against you as a third-party beneficiary.

  • CustodyComms, not the Platform Provider, is solely responsible for addressing any claims you or any third party may have relating to the Software, including but not limited to: product liability claims; claims that the Software fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation.

  • If the Software fails to conform to any applicable warranty, you may notify the Platform Provider, and they may (at their sole discretion and in accordance with their policies) refund the purchase price of the Software, if any. To the maximum extent permitted by applicable law, the Platform Provider has no other warranty obligation whatsoever with respect to the Software. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of CustodyComms.

  • The Platform Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the Software. All maintenance and support inquiries should be directed to CustodyComms.

  • You must comply with all applicable third-party terms of agreement when using the Software. This includes but is not limited to: the Platform Provider's terms of service; your wireless carrier agreement (if accessing features that use cellular data); terms of any cloud storage services you connect to; and terms of any practice management or legal software platforms through which you access CustodyComms.

  • If any third-party claims that the Software or your possession and use of the Software infringes that third party's intellectual property rights, CustodyComms—not any Platform Provider—is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. No Platform Provider shall have any liability to you for such claims.

Platform-Specific Notes:

  • Apple App Store: For users who download from Apple's App Store, Apple Inc. and its subsidiaries are third-party beneficiaries of this EULA. You may use the Software on Apple-branded products you own or control as permitted by the App Store Terms of Service.

  • Google Play: For users who download from Google Play, Google LLC is a third-party beneficiary of this EULA. You may use the Software on devices logged into your Google account as permitted by Google Play's Terms of Service.

  • Legal Practice Platforms (e.g., Clio): For users who access CustodyComms through legal practice management platforms, use of the Software is also subject to that platform's professional requirements, data handling policies, and terms of service. You are responsible for ensuring your use complies with any applicable professional responsibility rules in your jurisdiction.

  • Other Marketplaces: For any other distribution channel, the Platform Provider operating that channel is a third-party beneficiary of this EULA, and the terms above apply equally.

By agreeing to this EULA, you’re also confirming that you are not located in a country subject to a U.S. embargo or identified as a “Specially Designated National” by the U.S. (which we already covered in export compliance) and that you’re not prohibited by law from using the App.

4. Chain of Custody and Evidence Outputs

(This section highlights how you can and cannot use the special evidence features of the Software.)

Use of Evidence Exports: If you are an Evidence Edition subscriber, the Software allows you to generate PDFs and other export files intended for use in legal proceedings. We grant you permission to use, reproduce, and distribute those exported records for legitimate personal, legal, or court purposes. For example, you may print or electronically file the PDF in court as evidence, share copies with your attorney, the opposing party, or the court. This is explicitly allowed and is the intended purpose of the Software.

You do not need any additional permission from CustodyComms to use your own communications records in your legal case. However, this permission is tied to your valid use of the Software; if your subscription lapses or we terminate your license for breach, new exports may be watermarked or unavailable.

Important: This permission does not constitute legal advice. We make no representation or guarantee that any export will be admissible or accepted in any particular court, jurisdiction, or legal proceeding. Admissibility of evidence is determined by applicable rules of evidence, the presiding judge, and other factors outside our control. You are solely responsible for ensuring that your use of exported materials complies with all applicable laws and court rules. We strongly recommend consulting with a licensed attorney regarding the use of any evidence in legal proceedings.

CustodyComms IP in Exports: The format, layout, design, and any Software-generated text or graphics in the exports (like the cover page, certification statements, or even arrangement of messages) remain our intellectual property. You have a license to use those exports, as above, but we retain ownership of the underlying template and software logic that produced them. You may not take our export format and claim it as your own product, or attempt to extract our logos/certifications to use separately. Essentially, you can use the exports as whole documents as needed for court, but you can’t, say, create a competing service by copying our format or reuse our certification wording for non-CustodyComms data.

No Alteration of Official Records: You agree not to alter, edit, or falsify the exported records from CustodyComms if you intend to present them as authentic evidence. The whole purpose is chain-of-custody integrity, which is compromised if manual edits are made. If you notice an error or need something changed in a record, the correct approach is to address it within the app (like adding a clarifying note) and re-export, or explain the context to the court, rather than editing the PDF. Any tampering could render the evidence inadmissible and is outside the intended use of the Software. We are not responsible for consequences if you or anyone alters an export after generation. In fact, our hash values should detect that. So, for your own sake, present original, unmodified exports with their verification intact.

Chain of Custody Certification: The Software may generate a digital certificate or hash for each record. We do not automatically provide a human witness to testify to the process, but the Software’s output is designed so that you or your representative can certify it if needed. If a court requires an affidavit from a “custodian of records” about how the evidence was generated, you can contact us and we may, at our discretion and if feasible, provide such an affidavit (possibly for an administrative fee to cover cost), or provide technical information for you to include. However, we do not guarantee that we can provide expert testimony or personnel for every case. Usually, the self-authenticating nature means that won’t be needed.

Admissibility Not Guaranteed: While the Software uses best practices (timestamps, hashing, etc.), we cannot guarantee any court will accept a given piece of evidence. Use of CustodyComms does not automatically qualify evidence as admissible; you must still follow legal procedures. The license to use the Software and exports does not include any promise of legal outcome. You acknowledge that sometimes judges have discretion and may require additional foundation or may reject evidence for reasons beyond authenticity (like relevance or hearsay). That’s on you and your attorney to manage.

No Use of CustodyComms Seal on Non-CustodyComms Data: If our exports contain a CustodyComms certification page or seal, that seal is meant only for data that came through our Software’s chain-of-custody. You agree not to copy or use that certification or the wording thereof on documents that weren’t generated by CustodyComms. That would be a misrepresentation and infringement of our mark. Similarly, you can’t take a hash from our system and apply it to a separate document outside the system claiming it’s “CustodyComms-verified.” Only documents exported directly from the app get that status.

Deletion and Retention: As mentioned in Terms, our Software generally doesn’t let you delete or edit entries once logged. That’s a feature, not a bug. By using the Software, you accept that limitation. If you attempt to hack around it (like editing the database file manually), you void any authenticity and breach the EULA. If you need something truly removed (say, you accidentally uploaded a sensitive document for wrong case), you should contact us for guidance – maybe we suggest using the hide feature or, at worst, deletion of the entire case which might be possible via special command. But the default stands: records are permanent in-app.

Your Responsibilities as Records Custodian: Because data stays on your device, you are effectively the custodian of your records. If you lose them (device lost and no backup), that’s not on us. The EULA doesn’t guarantee we have any backup. (We do not of content – this is by design). Therefore, make sure your device and exported evidence is stored properly. If a court orders evidence, it’s up to you to produce it from your device/app. Our chain-of-custody helps prove it genuine, but you must preserve it. So, regularly export or back up as needed.

In summary, we license you to fully use the evidentiary outputs of our Software in legal contexts, but we maintain ownership of the underlying format and ensure that such use remains in the honest manner intended. Misuse of those outputs (like falsification or misrepresentation) is not permitted and would breach trust and this EULA.

5. Intellectual Property and Proprietary Rights

Ownership of Software: The Software (including but not limited to all code, graphics, user interface design, trademarks, and documentation) is proprietary to CustodyComms, LLC and/or its licensors and is protected by intellectual property laws. CustodyComms retains all right, title, and interest in and to the Software, including all associated intellectual property rights (such as copyrights, trade secrets, patents, and trademarks). This EULA does not transfer any ownership of the Software to you. It only grants the limited license as described in Section 1. Except for that license, you have no other rights in the Software.

All CustodyComms logos, product names, and service marks are our trademarks (whether registered or not). This EULA does not grant you any license to use CustodyComms’ name or logos, except as integrated in the Software’s normal use. For example, you can mention you used CustodyComms in court, that’s fine, but you can’t brand a new service with our name or use our logo in a way that implies endorsement without permission.

Feedback: If you provide suggestions, ideas, or feedback about the Software to us (“Feedback”), you hereby agree that we are free to use, disclose, and otherwise exploit that Feedback however we see fit, entirely without obligation or compensation to you. Feedback is not considered your confidential information, so don’t send us ideas if you expect payment or credit. We likely will incorporate good suggestions and improve our product, but we’ll own any resulting improvements or derivatives. Essentially, you give up any claim that your idea entitles you to something. (This is standard because, for example, multiple users might suggest similar features; we can’t contractually owe everyone something for acting on common sense improvements.)

Content You Create: As explained in the Terms, any content you input into the Software (messages, notes, attachments) remains your property. This EULA doesn’t change that. We make no claim to own your written messages or files just because they pass through the app. You have whatever ownership and rights in those that you would have otherwise. We do have a limited license to process them to provide the service (see Terms Section 5), but we don’t own them. If you’re creating content that might be copyrightable (like a lengthy journal entry), you still own that copyright. CustodyComms can’t publish your content; and if we ever wanted to use a user’s story as a testimonial or case study, we’d ask permission.

However, note that any compilation or database structure created by the Software (like the way data is structured or hashed) is our intellectual property. You own the facts/content, but the arrangement and software-layer (like the specific PDF layout, etc.) is ours. This is usually a non-issue since you’re free to use your content.

Third-Party Materials: The Software might include or connect to third-party content or services (for example, maybe a calendar integration, or it uses a third-party AI model). Any third-party software or libraries included remain the property of their respective owners. Your use of those may be subject to additional terms (often open source licenses or third-party terms). We’ll usually notify or include license info in an “About” or documentation. For example, if we use an open-source date picker library, you might find an acknowledgment in the app settings. Nothing in our EULA should restrict rights granted by those third-party licenses. If there is third-party content (like maybe an in-app help article referencing a law, etc.), that content could be owned by others; we either have permission to include it or it’s under fair use.

Protection of Rights: You agree to use the Software in compliance with all intellectual property laws. If you become aware of any unauthorized use of the Software or our IP (like someone pirating the app or a breach of this EULA by another user), please notify us. We have the right to enforce our IP rights; that could mean technical measures (disabling accounts), or legal action against infringers.

Government Use: If you are a U.S. government end user, note that the Software is considered “commercial computer software” and “commercial computer software documentation” under applicable regulations. Thus, any use, duplication, or disclosure by the U.S. Government is subject to restrictions as laid out in FAR 12.212 or DFARS 227.7202 (or successor regulations). Basically, government users get the software with the same rights as any consumer under this EULA, nothing more – which is a standard clause to ensure we retain IP ownership and licensing model.

In summary, CustodyComms (and our partners) own the Software and all related IP. You own your data. You can give us feedback (which we then own/use). Don’t infringe our or others’ IP when using the Software, and we won’t infringe yours.

6. Limited Warranty and Disclaimers

No Warranty on Software: To the maximum extent permitted by law, the CustodyComms Software is provided “AS IS” and “AS AVAILABLE,” without warranty of any kind. CustodyComms disclaims all warranties and conditions, express or implied, with respect to the Software and its use or operation, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, or system integration. We do not warrant that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services (except as expressly set forth by us), operate without interruption, be error-free, or that any errors or defects can or will be corrected.

This means:

  • We are not guaranteeing that CustodyComms will always work perfectly, be available 24/7, or be free of vulnerabilities.

  • We do not guarantee that it’s suited for your specific situation (even if we believe it’s helpful). E.g., we’re not guaranteeing it is “fit” to, say, ensure you win in court, or that it’s “merchantable” (a legal term meaning it meets general quality and functionality expectations – we hope it does, but we aren’t legally promising).

  • We do not promise that the information or analytics provided by the Software (like AI flags or message counts) are 100% accurate or reliable. Use your discretion.

  • If you run the Software on an unsupported device or environment, any issues are on you.

Your Responsibility: You assume all responsibility for selecting the Software to achieve your intended results, and for the use and results obtained from it. For example, if you fail to print an export by a deadline or the app doesn’t notify you due to a notification setting you turned off, that’s something you need to manage. Or if you rely solely on the AI and don’t read the actual message, that’s your choice, not a warranty issue.

Third-Party Devices/Services: We make no warranty regarding any hardware on which the Software is used or any third-party services (like your cloud backup or email provider) that integrate or interact with CustodyComms. Those are governed by their own terms and we aren’t responsible if they fail or cause issues.

Legal Use Disclaimer: We explicitly state that CustodyComms is not guaranteeing any legal outcomes or that its use will be admissible or accepted in all jurisdictions. Also, any sample texts or prompts provided by the Software (if any) are for example only – not warranted to be legally sufficient or appropriate.

Beta Features: If we label any feature as “beta” or preview, it is provided without any warranty at all. Beta features might be experimental and could be removed or changed without notice. Use them at your own risk.

Some Rights Reserved: Some jurisdictions do not allow the exclusion or limitation of certain warranties. If you are in one of those jurisdictions, some of the above disclaimers may not fully apply to you. For example, in the EU, consumers have certain statutory rights that can’t be waived. In such cases, if we are considered to provide digital content or service, we might have a default warranty that the software is as described and functions at least minimally as expected. If there is a breach of a mandatory warranty, our responsibility might be to repair or replace the software or provide a workaround. But since this EULA is mainly for U.S., we blanket disclaim. We acknowledge, however, that if a law gives you a non-disclaimable warranty right, we’ll honor it up to that law’s requirement.

Critical Use: The Software is not fault-tolerant and is not designed, manufactured, or intended for use in any environment where failure could lead to death, personal injury, or severe physical or environmental damage (for example, it’s not for operating nuclear facilities, life support, or emergency communications). We disclaim any warranty for such uses and by this EULA, you agree not to use it in those contexts.

Customer Remedies: Because we provide the Software essentially as a subscription service, your primary remedy if it fails to meet expectations is to stop using it and/or request a refund if applicable under our policies. We are not obligated to provide patch or fix if an issue is found, but of course we likely will in normal course of improving the product. However, legally, no warranty means we are not obligated to fix or compensate for software issues beyond what consumer law mandates.

In summary, use CustodyComms at your own risk. We believe it’s a valuable tool, but we don’t make legal promises about its performance or results. Always keep backups of important data and double-check crucial information. If you are in a jurisdiction with strong consumer rights, nothing here is meant to override those; rather, it’s to the fullest extent the law allows.

7. Limitation of Liability

Limited Liability: To the fullest extent permitted by law, CustodyComms, LLC’s total liability to you for any and all claims arising out of or related to this EULA or the Software shall not exceed the amount you paid us for the Software or Service in the twelve (12) months immediately preceding the event giving rise to the claim. If you have paid nothing (for example, if you only used the Free tier and didn’t buy anything), our liability is limited to $0. This limitation applies collectively to CustodyComms and its officers, employees, affiliates, agents, and suppliers. For example, if you’ve been a Evidence Edition subscriber paying $149 a month for a year, our maximum liability would be $1788. If you only paid $149 one time, the cap is $149. If a problem spans multiple months, we typically look at last 12 months sum.

No Indirect Damages: In no event will CustodyComms be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages whatsoever arising out of or in connection with your use of or inability to use the Software. This includes, but isn’t limited to, damages for lost profits, lost or corrupted data, loss of goodwill, device damage, costs of cover or substitute services, or other intangible losses, even if we have been advised of the possibility of such damages. To put it plainly, if the app fails at a critical moment and as a result you lose a court case or incur extra legal fees, or experience stress, we are not liable for those outcomes. If a bug in the app deletes some notes and you have to reconstruct them with effort, we’re not liable for that effort cost (though we’d feel sorry and try to fix the bug).

Scope of Liability: The above limitations apply to all causes of action, whether in contract, warranty, tort (including negligence), strict liability, or any other legal theory. They also apply even if a remedy fails of its essential purpose (meaning, even if something we offered as a remedy doesn’t fully make you whole, the limitations still hold). Some legal systems might not allow complete exclusion of incidental or consequential damages. If you’re in such a place, the above exclusion may not apply to you to the extent disallowed by law. However, in such case, our liability is still limited to the maximum extent permitted (so maybe certain categories of damages are cut off, or if must allow, maybe limited by law to some multiplier which we’d adhere to).

Consideration: You acknowledge that the fees (if any) we charge reflect this allocation of risk. We are not a massive company charging you tens of thousands with broad indemnities; we’re offering a moderately-priced or free service with the understanding that we can’t assume huge liabilities. If we were to take on a risk of unlimited liability or high damages, the cost of the Software would be much, much higher or we wouldn’t offer it at all. So this clause is fundamental to our willingness to license the software to you.

If Applicable Law: If applicable law precludes the limitation of liability for certain damages, then our liability is limited to the smallest amount and scope of damages legally possible. For instance, some states don’t allow disclaiming liability for gross negligence or intentional acts. We of course don’t disclaim that (if we intentionally cause harm, we’d be liable; but we won’t). This EULA tries to abide by all such rules.

No Liability for Failures Outside Our Control: We’re also not liable for any failure or delay due to circumstances beyond our control (force majeure) – e.g., internet down, strikes, natural disasters, etc., which might affect the Software’s availability or your data (though these likely covered anyway by disclaimers and such).

User Indemnity: The limitation of liability in our favor is complemented by your indemnification duty in the next section – meaning if your misuse causes issues, you cover us, whereas our liability to you is capped.

In short, our liability to you is very limited. You shouldn’t expect to recover big damages from using our app. That’s the trade-off for our relatively low cost and innovative offering. We encourage you to always have backup plans for critical needs beyond just relying on our app if the stakes are life-altering, because we cannot underwrite such high stakes with our small fees.

8. Indemnification

You agree to indemnify, defend, and hold harmless CustodyComms, LLC, its affiliates, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:

  • Your breach of this EULA or the Terms of Service. If you violate any provision (like by misusing the app or violating usage restrictions) and that causes a problem, you’ll cover us. For example, if you reverse-engineer the app and distribute a hack, and someone sues us because of that, you indemnify us. Or if you use the app in an unauthorized way that triggers a lawsuit or government fine against us, you cover those costs.

  • Your violation of any law or regulation in connection with your use of the Software. For instance, if you use CustodyComms to harass someone in violation of a restraining order and they sue or press charges naming us for providing the tool, you’d indemnify us. Or if you export some data and break privacy laws by sharing it improperly and a claim is made involving us, you cover us.

  • Your infringement or alleged infringement of any third-party right (including intellectual property, confidentiality, or privacy rights) in connection with content you input into or actions you take with the Software. For instance, if you upload documents you have no right to and someone claims that CustodyComms is hosting infringing material (even though it’s local, they might not understand), you need to defend and indemnify us. Or if you share someone’s personal data via the app and they claim we violated their privacy, you cover us (because we didn’t know, you did). Essentially, any content you handle through the Software is your responsibility.

  • Any dispute you have with any third party related to or arising from your use of the Software. For example, disputes with your co-parent, ex-spouse, attorney, or any other person that involve CustodyComms records or usage. If we get subpoenaed or drawn in, you indemnify us for our involvement. Or if the other parent claims the records are falsified and tries to sue us, you cover our legal defense because you would be in best position to address the authenticity (especially if it was actually because you tampered).

  • Your negligence or misconduct. If your improper use or carelessness (like leaving your device unlocked in a public place and someone exploits that data through our app, and then we face claims), you indemnify us.

You agree to promptly notify us of any such claims and cooperate with us in the defense (at your expense). We reserve the right to assume the exclusive defense and control of any matter subject to indemnification at your cost (meaning we might choose our lawyers and run the defense, and you’ll reimburse those costs), but we won’t do so without letting you know. You shall not settle any claim in a way that imposes any liability or admission of fault on any Indemnified Party without our prior written consent.

This indemnity covers things like: if someone subpoenas us because of your data, you may need to cover our costs of compliance (especially if it’s outside normal course). Or if law enforcement comes to us due to something you did illegally with the app, and we incur costs, you cover us.

We include affiliates and agents to cover any third parties we work with who might be dragged in via your actions (though that’s rare).

Your obligation to indemnify survives termination of the EULA. That means even after you stop using the app, if a claim relates to your usage when you did use it, this still applies.

While we don’t anticipate often needing to call upon this clause, it’s important in worst-case scenarios (like a user’s misuse leading to legal entanglements) that you (the responsible party) would protect us, rather than we bear costs for your actions.

9. Termination of License

Termination by You: You may stop using the Software at any time. If you wish to terminate this EULA, you can simply uninstall the Software. If you have an account, you might also want to delete your account (per Terms of Service procedures) to remove any server-side data. Once uninstalled or account deleted, you no longer have the rights granted by this EULA (because you’re not using the software).

Termination by Us: We may terminate or suspend your license to use the Software (and your account) immediately and without notice if you fail to comply with any term of this EULA or the Terms of Service. For example, if you attempt to hack the app, share your login broadly, or otherwise breach restrictions, we can disable your access. We may also terminate this EULA (and your account) for convenience by giving you notice (e.g., if we discontinue the product entirely). If we terminate due to your breach, you are not entitled to any refund of fees already paid (to the extent permitted by law).

Effect of Termination: Upon termination of this EULA for any reason:

  • The license granted to you ends, and you must cease all use of the Software. You should delete or uninstall all copies of the Software in your possession or control. (We might also technically disable the app via server check, especially if we terminate for breach).

  • You will lose access to any services requiring the Software (e.g., you won’t be able to log in or use syncing features). Data that is solely on your device might still be viewable (if the app allows offline opening after termination, which likely it won’t if account is off).

  • Sections of this EULA that by their nature should survive termination (such as Sections on Intellectual Property, Warranty Disclaimer, Limitation of Liability, Indemnification, Governing Law & Dispute) will survive. Essentially, any obligation or limitation intended to govern post-use remains in effect.

  • If termination was due to our discontinuation of service, we will, if practicable, provide you a way to export your data beforehand (like a heads-up to download your transcripts).

  • We are not liable to you or any third party for termination of your access. If we terminate for breach, that’s your responsibility.

Continued Obligations: Even after termination, you remain responsible for any fees owed (like if you had an outstanding balance) or any liability you incurred prior. Also, if any claims arise after termination but relate to your past use, the indemnification still covers it.

No Reinstatement: If we terminate for your breach, we have no obligation to allow you to use the Software again in the future. We may also refuse to open new accounts for you under other names if we suspect it’s you.

Account/Data Deletion: Note termination of license doesn’t automatically purge your local data. If you want to ensure confidentiality, remove it from your device. Also, per our Privacy Policy, we will delete personal data on our servers as requested/appropriate upon termination, except as needed to retain (like minimal records for compliance).

Backup Rights: If the license terminates, it’s illegal to keep using the app, including any backup copy. So if you had a backup, you cannot install it again legally. The only exception is if we ended service and made the app free for archival offline use (not likely; more likely it just won’t work if our server’s gone).

Service Termination vs. License Termination: If we terminate the whole CustodyComms service (shut down company), this EULA would effectively terminate because the app will be nonfunctional, but certain terms (like IP, no warranties, etc.) still survive. We would try to notify users and maybe offer a final data export tool.

In summary, this license can end if you or we choose or if you violate it. When it ends, stop using the app and uninstall it. The protective clauses still protect us afterward.

10. Governing Law and Dispute Resolution

Governing Law: This EULA (and any related disputes or claims) is governed by the laws of the State of Massachusetts, USA, excluding its conflict of law principles. If you reside outside the U.S., you understand that U.S. (and specifically Massachusetts) law will apply to the interpretation of this EULA and any disputes. Note that the governing law of the Terms of Service was also Massachusetts, so this is consistent.

Jurisdiction and Venue: All disputes arising out of or relating to this EULA shall be subject to the exclusive jurisdiction of the state and federal courts located in Middlesex County, Massachusetts. You and CustodyComms consent to the personal jurisdiction of these courts and waive any objection that such forum is inconvenient or improper. Essentially, if we have to litigate, we do it in our home territory (Massachusetts). If you’re in California or elsewhere and this is consumer contract, note that some consumer protection laws might allow local jurisdiction for you – but by agreeing here, you’re opting for Mass. We believe courts often uphold forum clauses unless it's highly inconvenient relative to contract type.

Waiver of Jury Trial: To the extent permitted by law, both you and CustodyComms waive any rights to a jury trial in any litigation arising out of this EULA. A judge (or bench trial) will resolve any dispute if we go to court, not a jury. This usually makes things more efficient and is common in commercial agreements. If you’re consumer and local law disallows pre-dispute jury waivers, then this might not apply to you, but we include it as a term.

Prevailing Party: In any action or proceeding to enforce rights under this EULA, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs. That means whoever wins can ask the court to make the loser pay legal fees. Note: if consumer law prohibits fee-shifting against consumers, then that part wouldn’t apply; but if we clearly win a dispute where you claimed breach and lost, we could seek fees, and vice versa.

Injunctive Relief: Despite any dispute resolution, we reserve the right to seek injunctive relief in any court of competent jurisdiction if you have breached or intend to breach the EULA in a way that would cause irreparable harm to us (for example, misusing our IP in a way that a damages remedy is inadequate). That’s typical to allow quick action to stop infringement or unauthorized distribution.

Arbitration (if not included above): We noted in Terms we aren’t forcing arbitration as of now. Thus, disputes would be resolved in court as above. If this changes or if any states require an alternate dispute mechanism, this section would adapt. For now, you and we will just have to sue in Massachusetts courts for disputes. We hope it never comes to that and any issues can be resolved informally or with small claims at most.

Legal Compliance: You agree to comply with all local laws regarding download, installation, and use of the Software. If you’re outside the U.S., you are responsible for making sure using CustodyComms doesn’t violate any local law (like data residency, etc.). If it does, you should not use it.

Severability: We said it in Terms and it applies here: if any part of this EULA is held invalid or unenforceable, the rest remains effective. We’d adjust the invalid part to the minimal extent needed to make it enforceable if possible.

No Waiver: If we or you don’t enforce a right or delay enforcement, it’s not a waiver of that right.

Entire Agreement: This EULA, plus the Terms of Service and Privacy Policy referenced, constitutes the entire agreement between you and us regarding the Software, superseding any prior representations or agreements. If you ended up signing any separate written agreement with us (like if a law firm had a custom enterprise agreement), that could override certain terms; but for the typical user, just these docs.

Contact: Any legal notices or questions about this EULA can be directed to our address listed in the Privacy Policy contact section.

By clicking “I Agree” or installing/using the Software, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms.

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