CustodyComms Terms of Service

Effective Date: December 31st, 2025

Welcome to CustodyComms. These Terms of Service (“Terms”) are a legal agreement between you and CustodyComms, LLC (“CustodyComms,” “we,” “us,” or “our”). They govern your use of the CustodyComms software application and related services (“Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use CustodyComms.

1. Acceptance of Terms and User Eligibility

Agreement to Terms: By registering or using CustodyComms, you indicate your acceptance of these Terms. This applies whether you click “Agree” or simply use the app. We may update these Terms from time to time. If we make material changes, we will notify you (for example, via in-app notice or email) at least 30 days before changes take effect, when Continued use of the Service after updated Terms become effective means you accept the changes.

Age and Capacity (Terms of Service): You must be 18 years of age or older to create a CustodyComms account or use the Service. There are no exceptions. CustodyComms is designed exclusively for adults involved in co-parenting, custody matters, or legal proceedings. If you are under 18, you may not use this Service, even with parental or guardian supervision. By accepting these Terms, you affirm that you are at least 18 years old and have the legal capacity to enter into a binding contract. If we discover that an account holder is under 18, we will terminate the account and delete all associated data. The Service is intended for use in all 50 U.S. states. If you access CustodyComms from outside the United States, you are responsible for compliance with local laws. We do not knowingly collect personal information from anyone under 18.

Jurisdiction Notice: The Service is available across the United States, and by using it you confirm that such use does not violate any law applicable to you. You also agree that the Service is not intended to create any attorney-client or other fiduciary relationship between you and CustodyComms (see Section 7). If you have been court-ordered to use CustodyComms or a similar platform, you are still bound by these Terms as a condition of use.

Language and Localization: CustodyComms is provided in English only. The application interface, all documentation, customer support, and these Terms of Service are available exclusively in English. AI analysis, incident detection, and keyword matching are designed and optimized for English-language content; using these features with non-English communications may produce unreliable, inaccurate, or no results. We make no guarantees regarding the accuracy or functionality of any feature when used with non-English content. If you import communications in languages other than English, you do so at your own risk and acknowledge that analysis features may not function as intended.

2. Accounts, Security, and Single-Device Login

Account Creation: To use CustodyComms, you must create an account with a valid email address and secure password. You agree to provide accurate information and keep it updated. Each user may create only one account. You must not misrepresent your identity or create an account for someone else without permission.

Single-Device Enforcement: CustodyComms is intentionally designed to allow only one active login per account at a time. When you log in on a device (Mac or Windows computers), you will automatically be logged out on any other device. This single-device rule is a security feature to maintain a clear chain-of-custody for your data. Do not attempt to use your account on multiple devices simultaneously. If you need to switch devices, you may do so by logging in on the new device (which will log out the old device). Plan accordingly, as accessing your account on a new device will cut off access on the previous device. CustodyComms allows 3 device switches per year to account for new user machines or other unforeseen circumstances.  We strongly suggest that before switching devices, you back up any important data (since CustodyComms does not sync your content to the cloud). CustodyComms is not liable for any inconvenience or data loss if you are logged out of a device because of this security measure. This restriction is deliberate to prevent uncontrolled copies of data and enhance evidence integrity.

Account Security: You are responsible for maintaining the confidentiality of your login credentials (email and password or any authentication method). Do not share your account or password with others. You are responsible for all activities that occur under your account, whether or not you authorized them. If you suspect any unauthorized access to your account or discover a security breach (e.g., lost device or someone else knows your password), you must notify us immediately at support@custodycomms.com. We may ask you to promptly change your password and take other steps to secure your account. CustodyComms is not liable for any loss or damage arising from your failure to keep your credentials confidential or to notify us of unauthorized use.

Authorized Use Only: Only you (and, if applicable, your minor child for whom you are a guardian, under your supervision) are permitted to use your account. You may not sell, license, or otherwise allow any other person to use your account. If someone such as an attorney or guardian needs access, they should create their own account or obtain proper legal permission and still must abide by these Terms. We reserve the right to require proof of identity or authorization from any user and to disable accounts that we believe may have been compromised or misused.

3. Subscription Plans and Payment Terms

 

Subscription Tiers and Pricing: CustodyComms offers two subscription tiers: a Free Tier and a paid "E Edition." By signing up for either, you agree to the pricing and payment terms described here.

• Free Tier: The Free plan costs $0 and allows limited use of CustodyComms. Free accounts may manage up to 1 active matter at a time and are limited to upload 350. Additionally, they receive unlimited local basic AI analysis and 5 detailed AI analysis per month. They receive unlimited Incident Finder algorithm usage. They may use the Timeline, keyword analysis and other app features. Please note: users may still view their messages if they were imported while being a paid Evidence Edition subscriber (for example, if you pay for one month of Evidence Edition and upload 25k messages from 8 sources to one matter, that information and the Free Tier features above will be available to you). The Free tier is intended for light personal use, trial of the app's core features, and storing your messages/analysis for feature use after having paid for Evidence addition in the past. Exports generated under the Free plan will be clearly watermarked or labeled "For Personal Reference Only — Not Formatted for Court Use." These exports are for personal organization and review; they are not formatted for legal submission. If you reach the free message or case limit, CustodyComms may pause further functionality for the remainder of the month or prompt you to upgrade. We may adjust the usage limits for the Free tier from time to time, but we will not charge you on the Free tier.

• Evidence Edition (Premium): The Evidence Edition is the paid subscription plan. It provides unlimited matters, unlimited message imports, unlimited cloud and local AI, unlimited Evidence Exports, unlimited OCR (optical character recognition – a validation tool for PDF imports), and is intended for active use in legal proceedings or high-volume co-parenting communication. Exports under the Evidence Edition are formatted for legal use: they are provided without watermarks and include formal formatting, chain-of-custody documentation, and hash verification. Evidence Edition subscribers may also receive additional features such as advanced analysis tools and priority customer support. The Evidence Edition is priced at USD $149 per month (unless otherwise stated at the time of purchase). Taxes will be added where applicable.

Important Disclaimer: While Evidence Edition exports are formatted and documented for use in legal proceedings, CustodyComms makes 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, judicial discretion, and other factors outside our control. The term "formatted for legal use” or “evidence-ready” refers to formatting and documentation standards, not a guarantee of legal acceptance. You are solely responsible for ensuring that your use of exported materials complies with all applicable laws, court rules, and evidentiary requirements. We strongly recommend consulting with a licensed attorney before submitting any materials in legal proceedings.

Payment and Billing: Evidence Edition is a subscription service. By subscribing, you authorize CustodyComms (or our payment processor) to charge your provided payment method $149 each month (plus any applicable taxes) until you cancel. The subscription fee is charged in advance of each subscription period (e.g., monthly) and is non-refundable except as described below. Auto-Renewal: Your subscription will automatically renew at the end of each billing period for another period of the same length (e.g. month-to-month) unless you cancel prior to the renewal date. We will attempt to bill your saved payment method on the renewal date. If auto-renewal is prohibited by law in your jurisdiction, the subscription will expire at the end of the current term unless you manually renew.

Cancellation: You can cancel your subscription at any time to stop future auto-renewal. If you cancel, you will continue to have access to the Evidence Edition features until the end of the current paid period, after which your account will revert to the Free tier. For subscriptions purchased directly through our website, you may cancel by logging into your CustodyComms app, going to settings and selecting the manage subscription option, or by contacting our Customer Service at:  support@custodycomms.com. If you subscribed via a mobile app store (like Apple App Store, Google Play Store, Clio, or other 3rd party), you must cancel through that platform’s subscription management (we cannot cancel those for you). For example, Apple users can cancel by managing subscriptions in their Apple ID settings, and Google Play users via Google’s subscription settings. No refunds will be provided for the remainder of the billing period after cancellation – you will retain access until period end, but we do not prorate or credit unused time.

Refund Policy: In general, all fees are non-refundable. CustodyComms provides a Free tier so that you can evaluate the Service before deciding to purchase the Evidence Edition. Once you choose to subscribe, we do not offer refunds or credits for any unused portion of your subscription, except where required by law or expressly stated otherwise. This applies whether your subscription is month-to-month or annual (if annual plans are offered). For example, if you cancel mid-month, you will not receive a refund for the remaining days; your benefits will continue until the period ends, and then not renew. Similarly, failure to use the Service or logging in infrequently are not grounds for a refund. Exceptional Circumstances: The only exceptions to our no-refund policy are: (a) if a billing error or duplicate charge occurs on our end, we will correct it and issue a refund as needed; (b) if a serious technical issue originating with CustodyComms (not caused by your device or internet) makes the Service unavailable to you and we cannot resolve it in a reasonable time, we may, at our discretion, offer a credit or refund for the affected period; or (c) if applicable law in your jurisdiction provides for a cancellation right or refund (for instance, certain consumer protection laws) in specific circumstances, we will comply with those laws (see Section 14 on state-specific rights). We may also choose to provide a refund or discount in other rare cases at our sole discretion, but such a case does not obligate us to do so in the future for others. Any approved refunds for subscriptions purchased through third-party app stores must be requested through those stores (e.g., Apple or Google) and will be subject to their policies.

Subscription Changes: We reserve the right to change our subscription fees or introduce new plans. However, any price increase for your existing plan will be communicated to you in advance and will apply only to future billing cycles. If you do not agree to a price change, you may cancel before the new rate takes effect. Continuing to use the Evidence Edition after the price change constitutes acceptance of the new pricing. We may also offer special promotions or discounts; those are temporary and, unless otherwise specified, only apply for the promotional period.

Failed Payments: If we are unable to process your payment for the Evidence Edition (for example, your credit card expires or is declined), we will notify you and may retry billing. If payment is not made within a short grace period, we may downgrade your account to the Free tier or suspend access to premium features until payment is resolved. You will remain responsible for any amounts that could not be charged. CustodyComms also reserves the right to terminate your premium access if payment is delinquent, but we prefer to work with you to resume service.

Upgrades/Downgrades: If we offer an annual plan or other tiers in the future and you switch plans, we will inform you how any upgrade or downgrade is handled (e.g. immediate access to new features, proration, etc.). Currently, only the monthly Evidence Edition is offered for paid use.

4. Description of Service and Permissible Use

Service Overview: CustodyComms is a secure, local-first communication and evidence management application tailored for co-parenting and legal use. It allows you to store and organize communications, documents, and notes related to child custody or other legal matters in one place. Key features include importing and analyzing messaages (between co-parents or other couples) and an export function that compiles your records into court-friendly reports. The software runs primarily on your device (Mac or Windows), storing data locally for privacy. It uses built-in tools (including on-device AI analysis and cloud based if users choose to enable) to help identify important information (like recognizing hostile language or summarizing long exchanges). CustodyComms also implements a chain-of-custody system: each message or file you add is time-stamped and cryptographically fingerprinted (hashed) to help prove it hasn’t been altered. The goal is to produce an authentic, tamper-evident record of communications that you can trust in legal proceedings.

License to Use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the CustodyComms software and Service for your personal, non-commercial purposes related to co-parenting, custody management, or your own legal matters. This license allows you to install and run the CustodyComms application on your device and use our website or services as needed. We (and our licensors) retain all rights in the software and Service not expressly granted to you. You do not gain any ownership of the software or our content by using the Service – you only have the rights to use it as outlined here.

Permitted Uses: CustodyComms is provided for the purpose of organizing, preserving, and documenting communications related to co-parenting, custody matters, and family law proceedings. You agree to use the Software only for lawful purposes, including but not limited to:

• Importing and organizing communications with your co-parent or other relevant parties

• Maintaining a documented record of communications for personal reference or legal purposes

• Identifying patterns or incidents in communications that may be relevant to your legal case

• Generating exports for use by yourself, your attorney, or submission to courts as evidence

• Working with legal counsel to prepare for custody hearings, mediation, or other proceedings

For Attorney Users: If you are an attorney, you may use CustodyComms in your practice to help clients organize and document their communications. Because CustodyComms is a local-first application, all case data and communications remain on the device where the Software is installed—nothing is uploaded to CustodyComms servers. You remain responsible for compliance with all applicable professional responsibility rules, client confidentiality obligations, and data security requirements in your jurisdiction.

 

Sharing Exports: You may share exported records (PDFs, reports, etc.) with courts, attorneys, opposing parties, mediators, or other relevant parties as appropriate for your legal matter. This is the intended purpose of the Software. However, as stated elsewhere in these Terms, we make no guarantee that any export will be accepted or admitted by any particular court or jurisdiction.

Prohibited Uses: You agree not to misuse CustodyComms. In particular, you shall NOT:

• Engage in Illegal or Abusive Behavior: Do not use the Service to harass, threaten, defame, stalk, intimidate, or bully anyone. This includes sending messages that are obscene, hateful, or constitute unlawful hate speech. You remain responsible for the content of your communications. Even though we cannot see your messages, if it comes to our attention (through a lawful process or user report) that you are using CustodyComms to engage in criminal activity or to violate others’ rights, we may suspend your account. You also must not use the Service in furtherance of any unlawful purpose (for example, to plan a crime or violate a court order).

• Infringe Rights of Others: Do not upload, store, or share content through CustodyComms that infringes anyone’s intellectual property or privacy rights. For example, you must not post or store copyrighted material (documents, images, etc.) that you do not have permission to use. You also must not distribute someone else’s personal data (like their private photos or sensitive information) without consent. You are solely responsible for ensuring you have the rights to any content you input. We are not responsible if you misuse content you don’t own. If you share an exported report or any data from CustodyComms with a court or third party, ensure it doesn’t violate confidentiality or another person’s rights.

• Upload Prohibited Sensitive Data: CustodyComms is not designed to handle certain types of sensitive personal information that are subject to special legal protections, such as protected health information under HIPAA, or payment card information. Do not use the Service to store medical records, health information about someone (other than incidental mentions in communications), social security numbers, financial account passwords, or similar highly sensitive data that is unrelated to co-parenting communications. We do not provide a HIPAA-compliant environment. If you choose to input any sensitive data, you do so at your own risk and we disclaim all liability for unauthorized access or exposure of such data. (For clarity: basic personal information about children or schedules is fine, but, for example, uploading someone’s medical charts is discouraged.)

• Tamper or Circumvent Security: You must not attempt to hack, reverse-engineer, or interfere with CustodyComms. This means you will not try to decipher the source code, decompile the software, or create any derivative works from it. You will not attempt to bypass or disable any security features or technical restrictions (like the single-device login limitation or message limits). Any attempt to circumvent the chain-of-custody protections (for instance, manipulating database files to alter records, or using external tools to modify the app’s data) is strictly prohibited. Such actions not only violate these Terms but could also compromise the integrity of your own evidence. Similarly, do not introduce any viruses, malware, or harmful code into the application or use the Service in a manner that could damage, disable, or impair our software or servers.

• Automated Use and Scraping: The use of automated scripts, bots, or other automated means to access or use CustodyComms is not allowed. This includes any attempt to mass-create accounts, scrape data, or send messages in an automated way. The Service is meant for interactive use by humans in the context of co-parenting or legal communication, not as an API for unrelated purposes. Any robotic or high-volume usage that interferes with the normal functioning of the Service is prohibited.

• Multiple Accounts and Device Workarounds: You must not create multiple accounts to evade the Free tier limits or the single-device rule. For example, creating two free accounts to double your message limit, or logging in simultaneously with separate accounts to mimic multi-device use, is against these Terms. We reserve the right to detect and restrict such behavior. Likewise, do not use any technical measure to clone or sync the app’s data to another device outside of the provided export feature. We know our single-device policy is unique; attempting to subvert it via unofficial methods violates the spirit and letter of these rules.

• Impersonation and Misrepresentation: Do not impersonate any person or entity or falsely represent your identity in using the Service. This includes pretending to be another user, or misrepresenting your affiliation (for instance, falsely claiming to be an attorney or to represent CustodyComms). Also, do not use the Service to communicate in someone else’s name without clear disclosure (e.g., a lawyer sending a message should identify themselves, not pretend to be the client).

• Spam and Exploitation: You may not use CustodyComms to send spam or unsolicited bulk messages. The messaging features should be used for meaningful, relevant communication with your co-parent or involved parties. Using it to send fraudulent messages, pyramid scheme solicitations, or any kind of spam is forbidden. Additionally, you may not use the Service to collect information about others in order to harass,exploit, harm, or advertise to them.

• Regarding AI and Analysis Features,

  • You may NOT submit, present, or reference any AI-generated analysis (from Ollama or OpenAI) as evidence in any court, hearing, mediation, arbitration, or other legal proceeding

  • You may NOT Include AI-generated incident analysis, summaries, or explanations in court filings, declarations, affidavits, exhibits, or any document submitted to a court or legal authority

  • You may NOT Present keyword detection results, incident flags, or pattern analysis as factual findings or expert conclusions in any legal context

  • You may NOT Represent any automated analysis produced by CustodyComms as legal, psychological, or expert opinion

  • The evidentiary value of CustodyComms lies solely in the original imported communications themselves—the actual messages, timestamps, and metadata—along with chain-of-custody documentation. AI analysis, incident detection, and keyword flagging are personal organizational tools only and are expressly prohibited from court use.

We reserve the right to take action if we find (or receive credible notice) that you have engaged in any of the above prohibited activities. Actions may include warning you, removing or hiding offending content (if possible), suspending or terminating your account, and/or contacting law enforcement if laws were violated. Note that because of the private nature of CustodyComms, our ability to detect violations is limited – we will not see your content. However, if another user or a court brings an issue to our attention, or if we detect technical misuse (like hacking attempts), we will address it. You also agree to use CustodyComms in a manner that does not interfere with other users’ access to the Service or with our operation of the Service.

No Ownership of Account: You acknowledge that having a CustodyComms account or subscription is not ownership of any portion of CustodyComms itself. We reserve the right to reclaim usernames or IDs on the Service, or to terminate accounts, in accordance with these Terms.

5. Intellectual Property Rights

Our Intellectual Property: CustodyComms, including all software code, design, logos, trademarks, text, and graphics we provide, and all other content we create, is owned by CustodyComms, LLC or its licensors (“Company IP”). All rights in the Company IP are reserved. Using our Service does not give you any ownership or rights to our intellectual property, aside from the limited use license granted in these Terms. You may not copy, distribute, modify, or create derivative works from our software or other materials, except as explicitly allowed by us. Specifically, you agree not to remove or alter any copyright notices, trademarks, or other proprietary markings in the software. “CustodyComms” and our logos and slogans are our trademarks and may not be used without our prior written permission. This includes not using confusingly similar names or marks in connection with similar services. If you provide feedback, as described below, that results in improvements, those improvements are also part of our Company IP.

Your Content and Data: You retain ownership of all content you input or upload into CustodyComms – such as your messages, photographs, documents, and any other information related to your cases (“User Content”). We do not claim any ownership over your User Content. Because CustodyComms is designed with privacy in mind, your User Content (imported messages, analyses, etc) stays on your device (see Section 6). We have no access to it, which means you maintain full control. By using the Service, you represent that you have the necessary rights to any content you add (for example, if you upload a photo or a document, you have the right or permission to use it). You also agree that any User Content you input will not violate any laws or these Terms (see Prohibited Uses above).

License to CustodyComms: In order for the Service to function, you grant CustodyComms, LLC a limited license to process your User Content. Specifically, you give us permission to store and process the information you submit for the purposes of enabling the Service’s features – for example, to count the number of messages in a month, to run on-device analysis (which happens via software on your device), or to generate an export when you request it. This license is only to the extent necessary to provide the Service to you. We are not granted any right to use your content for other purposes (like marketing or selling data) and, as stated, we do not possess your content on our servers. If you use a feature that involves sending data to us (for instance, if in the future a secure cloud backup or sync is offered, or you request troubleshooting help that requires a sample of your data), we would only use that data to fulfill that specific function, in accordance with our Privacy Policy. We do NOT use your personal content to train AI models or for any purpose outside of providing the Service to you.

Feedback and Suggestions: We welcome feedback to improve CustodyComms. If you choose to provide us with any suggestions, ideas, error reports, or other feedback (“Feedback”), you agree that: (a) we may use and implement the Feedback in our products or services without any restriction or payment to you, and (b) you irrevocably assign to us all right, title, and interest in that Feedback. In simpler terms, any feedback you give us can be used by us freely. This helps us improve the product; you won’t be compensated for providing feedback. (Note: This does not apply to any sensitive personal information you inadvertently include in feedback communications – we handle that per our Privacy Policy. It mainly refers to ideas or suggestions about the app.)

Third-Party Materials: If CustodyComms includes any third-party software libraries or materials, those may be subject to separate license terms (often open-source licenses). We will comply with those licenses and provide attributions as required (for example, acknowledgments in-app or on our site). Your use of such components is subject to the respective license terms in addition to ours, but nothing in our Terms limits your rights under an open-source license for those components.

Your Name and Likeness: We will not use your name, company name, or any personal likeness in any marketing or publicity materials without your consent. (The exception is if you voluntarily provide a testimonial or review, in which case we may quote it with attribution per your submission, as governed by any agreement at that time.)

6. Data Storage: Local vs. Cloud and User Responsibilities

One of CustodyComms’ core principles is protecting your privacy through local data storage. This section explains what data is stored on your device, what minimal data we store on our servers, and what that means for you.

Local Storage of Communications: All messages, case information, attachments, and notes that you enter into CustodyComms are stored locally on your device, not on our servers. The primary database containing your conversations and case files resides on the device where you use the app (for example, on your computer’s hard drive). This design means we do not have access to the content of your communications. Unlike many other services, CustodyComms does not upload your messages or documents to a company cloud server for storage. They remain with you. This maximizes privacy and confidentiality, as even our staff cannot read or produce your messages from our systems (since we simply don’t have them).

Cloud-Based Account Data: We do retain a minimal amount of data on our servers, necessary for account management and to enable certain features. Specifically, the types of information we store on CustodyComms servers may include:

• Your account credentials: your email address and a hashed password (for login authentication). We may also store a username if you provide one, or your name if needed for support.

• Subscription status: whether you are Free or Evidence Edition, your next billing date, and basic payment metadata (though full payment info is handled by our payment processor). For example, we might store that you subscribed on 01/10/2025 via Stripe and your subscription is active until 02/09/2025.

• Device or Session ID: an identifier to enforce the single-device login rule. For instance, when you log in, we might store a token tied to your current device so that another login invalidates the prior token.

• Usage counters/metadata: non-content counts like how many messages you have sent this month, how many cases you have active, timestamps of your last activity, etc. This helps us enforce Free tier limits and monitor server loads. Importantly, these are just numeric or boolean flags – e.g., “messages_used=350” – and do not include the messages themselves or any sensitive details.

• Support data: If you contact us for support, we may log the correspondence (which could include your email and description of an issue). If troubleshooting requires it, and you opt to send us a diagnostic log, we will only use that information to assist you.

• Analytics: CustodyComms collects limited analytics to operate and improve the Service. We want to be clear about what we collect and what we never see.

  • What We Never Collect: We do not collect, access, or analyze the content of your messages, communications, case details, or any personal information you import into CustodyComms. Your actual data remains entirely on your device. We cannot see what you are working on, who you are communicating with, or what your messages say.

  • Essential Service Analytics (All Users): To operate the Service, we collect basic, non-content analytics such as: app version and platform (Windows/macOS); subscription status; error logs and crash reports (which do not include message content); and general feature usage patterns (e.g., "Feature X was used by 60% of users this week"). This data helps us fix bugs, ensure compatibility, and maintain the Service.

  • Optional Analytics (Opt-In): With your consent, we may collect additional anonymized usage analytics to help us understand how users interact with specific features and improve the product. This opt-in analytics still never includes message content, case details, or personal information—only aggregate patterns like which screens are visited most frequently or which import formats are commonly used. You can enable or disable optional analytics at any time in your settings.

  • Summary: We see how the app is used in aggregate. We never see what you are doing with it. Your communications and case data are yours alone.

Everything listed above is information that by its nature either does not include your private communications. We do not store any actual text of your conversations, names or details of your contacts/cases, attachments you add, or other content of that nature on our servers. In short: if you wrote a message or attached a file in CustodyComms, that content stays only with you.

 

 

Local Storage, Data Security, and Your Responsibilities: CustodyComms stores all your data locally on your device. This architecture provides privacy benefits but also means you are responsible for securing and backing up your own data. IMPORTANT — Full-Disk Encryption Strongly Recommended: CustodyComms does not independently encrypt your data at rest. Your messages, case files, and exports are stored on your device's file system in the same manner as any other files on your computer. This means that if someone gains physical access to your device, or if your device is lost or stolen, your CustodyComms data may be accessible to them unless your entire system is encrypted.

We strongly recommend that you enable full-disk encryption on your computer:

• Windows: Enable BitLocker (available on Windows Pro, Enterprise, and Education editions)

• macOS: Enable FileVault (available in System Settings > Privacy & Security)

Full-disk encryption protects all data on your device—including CustodyComms data—by requiring authentication before the drive can be read. Without full-disk encryption, your sensitive communications may be exposed if your device is accessed by unauthorized parties. CustodyComms is not liable for data exposure resulting from failure to encrypt your device.

Backup and Data Preservation: Because your data resides solely on your device, you are responsible for backing it up. We strongly encourage you to:

• Regularly back up your device using secure methods (e.g., encrypted external drives or secure cloud backup of your entire system)

• Use CustodyComms' export feature to create PDF records of important communications

• Before switching devices, uninstalling the app, or performing a factory reset, export all data you wish to preserve

No Cloud Recovery: CustodyComms does not maintain cloud backups of your data. If your device is lost, damaged, stolen, or wiped, we cannot restore your content. We do not have a copy of your messages, cases, or exports. Think of CustodyComms like a secure filing cabinet on your computer—if the computer is gone, so is the cabinet. This is intentional for your privacy, but it means data recovery is your responsibility, not ours.

Liability Disclaimer: CustodyComms is not liable for any data loss, data exposure, or damages resulting from: device failure, loss, theft, or damage; failure to enable full-disk encryption; failure to back up your data; accidental or intentional deletion; malware, viruses, or unauthorized access to your device; or any other circumstances beyond our control. You assume full responsibility for the security and preservation of data stored on your device.

User Privacy Expectations: Because CustodyComms does not host your content, you can expect a high degree of privacy from us—but you must also take responsibility for protecting your own device.

• What We Cannot Access: We are unable to read your communications, view your case files, or access any content you import into CustodyComms. We do not scan, analyze, or monetize your content. Your data exists only on your device, and we have no technical means to retrieve it.

• Support Requests: We will never proactively ask you for the content of your messages. If you contact support with a technical issue and sharing specific data would help diagnose the problem, that is entirely your choice. Any data you voluntarily share for troubleshooting should be sent through secure channels and will be used only to resolve your issue.

• Legal Requests: Because we do not possess your communications or case data, we cannot produce them in response to subpoenas, court orders, or other legal process. If we receive a legal request for user data, we can only provide information we actually have (such as account information, subscription status, or basic usage analytics)—never your message content, because we do not have it. For details on how we handle legal requests, see our Privacy Policy.

• Your Responsibility: The privacy of your data depends on the security of your device. If your device is compromised, lost, or accessed by unauthorized parties, your CustodyComms data may be exposed regardless of any measures we take. You are responsible for: securing your device with a strong password or biometric authentication; enabling full-disk encryption; keeping your operating system and software updated; protecting your device from malware and unauthorized access; and controlling physical access to your device.

Service Functionality and Connectivity: In the future, CustodyComms’ features may run offline (since data is local). If that happens in the future,you could compose and view messages, use AI analysis, and prepare exports without an internet connection. However, certain actions do require connectivity to our servers: e.g., logging in (to verify your account), subscription checks (to verify you’re still paid, or your message counts for the free tier), and updates (to fetch new app versions or important info). Thus, you will need internet access at least periodically. We strive to keep the Service available at all times, but we do not guarantee 100% uptime. There may be occasional downtime for maintenance or due to technical issues. Additionally, external services like payment processing or push notification systems may sometimes fail or be temporarily unavailable. CustodyComms shall not be liable for any losses due to Service unavailability or slowdowns. For example, if our authentication server is down and you cannot log in for an hour, or if a bug temporarily prevents an export, we are not responsible for any inconvenience or damages from that downtime. We will, of course, work diligently to restore service as soon as possible and to schedule maintenance during low-usage times.

Data Security: We use industry-standard measures to secure the limited data we do store on our servers (like encryption in transit and at rest for your account info). However, because your content is not on our servers, the security of your data largely depends on you. You should secure your device with a strong password or PIN, use encryption on your device (most modern smartphones encrypt data by default when locked), and keep your CustodyComms app updated to the latest version for the newest security patches. We cannot protect data that is stored on a device under your control – that is up to your personal security practices. If someone gains access to your device, they could potentially access your CustodyComms data just as they could any files on the device. We recommend not sharing your device with untrusted people, and consider enabling features like remote wipe (through your device’s OS or management software) in case of loss or theft. CustodyComms employs measures to detect tampering (hash checks), but it is not immune to someone with full device access. In summary, we do our part to secure the Service, but no system is 100% foolproof, and we need you to do your part to safeguard your own device and account.

Data Retention: On our side, we keep your account information while your account is active. If you delete your CustodyComms account or request deletion, we will remove your personal account data from our live systems (except for data we are required to keep for legal or operational reasons, such as payment records for tax purposes). We may retain server logs or backups containing your account data for a short period (e.g., backups that rotate every few weeks), but will securely delete or overwrite those in due course. On your side, your local app data remains until you uninstall the app or delete it through the app. If you simply stop using CustodyComms, your data will remain on your device indefinitely (we do not have access to delete it). If your account is inactive for an extended period and we cannot reach you, we reserve the right to disable the account for security; however, we would not have any content to delete.

User Responsibility for Backups: We want to re-emphasize: you are responsible for maintaining any backups of your own data (backing up your entire drive periodically is recommended). CustodyComms provides export tools to help you create human-readable copies of your records (e.g., PDF). We strongly advise using those tools regularly, especially before any major change (like switching computers). The app may in future offer an export file that you can import on a new device to migrate your data. If so, it is your responsibility to keep that export file safe and secure (and not lose the password if it’s encrypted). We cannot recover your data if you lose it.

Consent to Data Practices: By using CustodyComms, you acknowledge that your data will be handled as described – with content on your device and only minimal data on our servers – and you consent to this handling. For more details on privacy, please review our Privacy Policy, which is incorporated into these Terms by reference.

7. No Legal Advice; No Attorney-Client Relationship

Not a Law Firm: CustodyComms is not a law firm and does not provide legal advice. The Service is a tool for information management; it is not a substitute for hiring a qualified attorney. Nothing in the app, including any AI-generated insights or template language, should be considered legal advice or relied on as such. We do not review the specifics of your case or advise you on how to handle your legal matters.

Consult Professionals: You acknowledge that any decisions you make in your legal case or co-parenting arrangements should be made in consultation with qualified professionals (such as licensed attorneys or mediators) and not based solely on information from CustodyComms. While CustodyComms aims to help you organize information and may offer general insights (for example, an AI summary might highlight that certain messages could be interpreted as aggressive), these are for your awareness only. You should not interpret any feature of CustodyComms as legal counsel. For instance, if the app flags a message as containing certain keywords (like “threat”), that is simply a data point for you to consider and perhaps discuss with your lawyer; CustodyComms is not telling you how to act on it.

No Attorney-Client Privilege with Us: Using CustodyComms does not create an attorney-client relationship between you and CustodyComms, LLC or any of its employees. Our staff are not acting as your attorneys. Communications with CustodyComms support or staff are not privileged. (They should also generally be minimal since we can’t see your case content.) If you are an attorney user, nothing in this relationship should be construed as CustodyComms providing legal services to you or your clients.

If Your Attorney Uses CustodyComms: In some cases, your lawyer might recommend using CustodyComms or might themselves use it to organize communications with you. Even in those cases, CustodyComms’ role is just as a software provider. Any attorney-client privilege that exists is between you and your lawyer; CustodyComms is not a party to it, since we are not receiving your confidential communications (see Section 6). In fact, because we don’t access your message content, using CustodyComms with your lawyer is akin to using a secure filing cabinet or communication channel that neither we nor anyone else can open. Courts have held that storing privileged communications with a secure third-party service (like an encrypted cloud storage) does not waive privilege so long as the communications are kept confidential and the client reasonably expects they are safe from disclosure. Using CustodyComms is even more direct: the data stays with you and your lawyer. Thus, it should not be considered a disclosure to a “third party” that would waive privilege. In fact, using a secure service like CustodyComms is no riskier to privilege than storing files on your own computer. Nonetheless, it is the responsibility of you and your attorney to ensure confidentiality (for example, by securing your devices and not sharing your CustodyComms data inappropriately).

No Guarantee of Legal Outcomes: CustodyComms makes no guarantees regarding the outcome of any legal matter in which you use our Service. For example, we cannot promise that a judge will accept your submitted communications or be persuaded by the evidence you’ve gathered using CustodyComms. We cannot promise that using CustodyComms will “win” your case or improve your co-parenting arrangements (though we hope it helps). Any testimonials or success stories are individual experiences and not guarantees. You assume full responsibility for any legal strategy and results.

Independence from Court Orders: If you have been ordered by a court to use CustodyComms or a similar service, that is an arrangement between you and the other party or the court. We are not subject to any court order in your case and cannot enforce compliance by either party. Our role is simply to provide the platform. Any failure by you or your co-parent to use CustodyComms properly is something to be addressed in the legal process, not a breach by CustodyComms.

Professional Advice Disclaimer: Beyond legal advice, any information provided by CustodyComms (such as articles, help center content, or AI suggestions) is for general informational purposes and is not professional advice (legal, psychological, financial, or otherwise). Always seek the advice of qualified professionals for any questions you have in those areas.

In summary, you use CustodyComms at your own risk when it comes to legal matters. Always double-check important issues with a lawyer or appropriate professional. CustodyComms will not be responsible if you rely on information from the Service without seeking professional counsel and subsequently face adverse consequences.

8. AI Features and Disclaimers

CustodyComms includes optional AI-powered features to help you analyze flagged incidents (groups of messages) in your communications. It is critical that you understand how these features work, their limitations, and the strict restrictions on their use.

CRITICAL RESTRICTION — NOT FOR COURT USE:

AI analysis, incident analysis, and keyword detection are for your personal review and organization only. You are strictly prohibited from submitting, presenting, or referencing any of the following in any court, hearing, mediation, arbitration, or legal proceeding:

• AI-generated analysis, summaries, or explanations (from Ollama or OpenAI)

• Incident detection results or flags

• Keyword detection results or pattern analysis

• Any automated analysis, scoring, or classification produced by CustodyComms

The only evidentiary products of CustodyComms are the original imported communications themselves—the actual messages, timestamps, metadata, and chain-of-custody documentation. AI and incident analysis exist solely to help you identify and organize relevant communications for your own review. They are not evidence. They are not expert opinions. They must not be presented to any court or legal authority.

Violation of this restriction may result in immediate termination of your account. You agree to indemnify CustodyComms against any claims, damages, or liability arising from your use of AI or analysis features in legal proceedings.

AI Processing Options: CustodyComms offers two options for AI-powered incident analysis. Both are optional and disabled by default.

• Ollama (Local AI): Ollama runs AI models entirely on your device. Your message content never leaves your computer. All processing happens locally, providing maximum privacy. However, local AI requires significant system resources (CPU, GPU, RAM) and may cause your device to run at high temperatures. See Section 10 regarding hardware requirements and liability.

• OpenAI (Cloud AI): OpenAI processes incidents via OpenAI's cloud API. When you request analysis of a specific incident, that incident's content is sent directly from your device to OpenAI for processing. CustodyComms does not receive, store, or intermediate this data. OpenAI handles data according to their API terms; importantly, OpenAI does not use API data to train their models. Cloud AI places minimal strain on your device but requires an internet connection.

You can switch between Ollama and OpenAI at any time (for Evidence Edition), choose between simple or detailed analysis modes, or disable AI features entirely. When OpenAI is disabled, no data is sent to any AI provider (the default is disabled).

How Incident Detection Works: Incident detection (flagging potentially concerning groups of messages) uses pattern matching and keyword detection, science based, built into CustodyComms—it does not use AI. AI is used only when you request analysis of a specific flagged incident to help you understand it. The AI explains or summarizes the incident for your personal review.

No Guarantee of Accuracy: CustodyComms makes no guarantee that any incident finding or AI output, incident flag, or keyword detection is correct, reliable, or complete. Automated analysis has inherent limitations:

• AI may misinterpret tone, context, sarcasm, or cultural nuances

• Keyword detection may flag innocent messages or miss problematic ones

• Incident flags may be over-inclusive or under-inclusive

• AI summaries may omit important details or mischaracterize communications

Do not assume that because the AI flagged something it is significant, or that because it didn't flag something it is not. These tools help you search and organize—they do not replace your judgment.

Not Legal, Psychological, or Expert Advice: AI analysis, incident flags, and keyword results are not legal advice, psychological assessments, or expert opinions of any kind. They are the output of automated pattern recognition. Do not rely on them as the basis for any decision, especially legal decisions. Always consult with a licensed attorney regarding your legal matters.

Your Responsibility: You are solely responsible for reviewing and verifying any AI-generated output. If you use AI analysis to help identify relevant communications, you must read the original messages yourself before drawing any conclusions. AI output is a starting point for your review, not a substitute for it.

Disclaimer of Warranties and Liability: To the maximum extent permitted by law, AI features, incident detection, and keyword analysis are provided "AS IS" without any warranties of accuracy, reliability, completeness, or fitness for any particular purpose. CustodyComms disclaims all liability for any consequences arising from inaccuracies, omissions, or errors in automated analysis. You assume all risk in using these features.

Summary: AI and analysis features are personal organizational tools. They help you find and review relevant communications. They are not evidence, not expert analysis, and must never be presented in court. The original messages are your evidence. AI just helps you find them.

9. Chain of Custody and Evidence Handling

CustodyComms includes features designed to help preserve the integrity of your communication records. This section explains how these features work and their limitations.    

Important Reminder — What Is and Is Not Evidence: The evidentiary value of CustodyComms lies solely in the original imported communications—the actual messages, timestamps, and metadata. AI analysis, incident detection, keyword flags, and any automated analysis are NOT evidence and must NOT be presented in any legal proceeding. Only the original communications and their chain-of-custody documentation may be used for legal purposes.

Hash Verification and Tamper Detection: CustodyComms generates cryptographic hash values (digital fingerprints) for imported content. These hashes can detect if data has been altered after import—any change to the content would produce a different hash. When you export records, the export includes these hash values, allowing verification that the exported content matches the original import. This mechanism detects tampering; it does not prevent it if someone gains unauthorized access to your device.

What Hash Verification Proves (and Does Not Prove): Hash verification proves that data has not been altered within CustodyComms after import. It does NOT prove:

• That the original content was accurate, truthful, or unaltered before import

• That the content reflects what was actually said or sent outside of CustodyComms

• That the content is relevant, admissible, or persuasive in any legal proceeding

If someone imports fabricated or manipulated content, CustodyComms will faithfully preserve and hash that content. The hash proves "this is exactly what was imported"—not that what was imported is true.

Evidence-Grade Export Formatting: Evidence Edition exports are formatted for use in legal proceedings. This means:

• Clean, professional formatting without watermarks

• Sequential presentation of messages with timestamps and metadata

• Inclusion of hash values for verification

• Chain-of-custody documentation showing import dates and verification status

This formatting is designed to meet common documentation standards. However, "formatted for legal use" means only that—it describes how the document is prepared, not how any court will receive it.

NO GUARANTEE OF ADMISSIBILITY:

CustodyComms makes no representation or guarantee that any export, record, or documentation will be admissible, accepted, or given weight in any court, jurisdiction, or legal proceeding.

Admissibility is determined by applicable rules of evidence, judicial discretion, relevance, hearsay exceptions, proper foundation, notice requirements, and numerous other factors entirely outside our control. A judge may exclude evidence for reasons unrelated to authenticity. Opposing counsel may challenge foundation, relevance, or accuracy. Courts in different jurisdictions have different rules and standards.

You and your attorney are solely responsible for: understanding the evidentiary rules in your jurisdiction; providing proper foundation and authentication; complying with notice requirements; following all procedural rules for introducing evidence; and addressing any challenges to admissibility.

CustodyComms provides documentation tools. We do not provide legal advice, courtroom representation, or guarantees of legal success. We strongly recommend consulting with a licensed attorney before submitting any materials in legal proceedings.

Record Immutability: Once communications are imported into CustodyComms, they cannot be edited or deleted through the application interface. This immutability is intentional—it creates a continuous, unbroken record. If you import something in error, you may add clarifying notes, but the original record remains. We will not honor requests to alter or delete records except as required by law or court order.

Your Responsibilities:

• Do not modify, edit, or alter exported PDFs or documents—doing so may invalidate verification and could constitute evidence tampering

• Preserve original export files with their verification metadata intact

• Do not import fabricated, falsified, or manipulated content with intent to deceive

• Consult with your attorney regarding proper procedures for introducing evidence

• If redaction is needed, consult your attorney about proper methods rather than editing files yourself

Limitations of Chain-of-Custody Features: CustodyComms can demonstrate that records within the application have not been altered after import. It cannot:

• Verify that content was accurate or unaltered before you imported it

• Prevent someone from creating falsified documents outside the application

• Guarantee that courts will accept or give weight to any documentation

• Replace the need for proper legal foundation, authentication, or testimony

• Prove the truth of the content (only that the content hasn't changed since import)

Disclaimer of Liability: CustodyComms disclaims all liability for: any court's decision regarding the admissibility, weight, or acceptance of any evidence; any legal outcome or consequence arising from the use of CustodyComms exports or documentation; any claim that documentation was insufficient, improper, or rejected; and any damages arising from reliance on chain-of-custody features. You assume all risk associated with the use of these features in legal proceedings.

Summary: CustodyComms provides tools to document and verify the integrity of your imported communications. These tools may assist you and your attorney in presenting evidence, but they do not guarantee any particular legal outcome. Proper use, legal procedure, and courtroom strategy are entirely your responsibility. Use CustodyComms ethically and consult legal counsel for all matters relating to evidence and court proceedings.

10. Disclaimers of Warranty

Use At Your Own Risk: CustodyComms is provided “AS IS” and “AS AVAILABLE”. We and our affiliates, suppliers, and partners make no warranties or representations of any kind about the Service, whether express, implied, or statutory. This means:

• We do not promise that CustodyComms will meet your specific requirements or achieve any particular results. For example, we can’t promise it will help you win a court case or that it will perfectly organize your life.

• We do not guarantee that the Service will be uninterrupted, error-free, or completely secure. We strive for excellence, but bugs can happen and we cannot foresee every possible issue. Any downtime, delays, or problems you encounter, while we aim to minimize them, are not guaranteed to never occur.

• We do not warrant the accuracy, completeness, or usefulness of any information provided by the Service (such as AI outputs or templates). You should double-check any information the app provides.

• We do not guarantee that the software will be compatible with every device or that it will be free of viruses or other harmful components (though we certainly do not include any malware, we just can’t guarantee a zero-bug software environment).

Implied Warranties: To the fullest extent permitted by law, we specifically disclaim any and all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. For example, we are not guaranteeing that our Service is fit for the purpose of, say, being your sole record-keeping method (we hope it’s useful for that, but we’re not legally guaranteeing it). And while we certainly do not knowingly infringe anyone’s rights, we disclaim the warranty that our product doesn’t infringe, just in case some patent troll out there claims otherwise.

No Warranty on Evidence Acceptance: We also do not warrant that courts or other parties will accept documents generated by CustodyComms as valid evidence – as explained, admissibility is beyond our control. Similarly, we do not warrant that use of CustodyComms will necessarily prevent data tampering in all circumstances, only that it’s designed to detect it.

No Other Promises: Outside of these Terms and any additional policies explicitly referenced, there are no other promises or conditions made by CustodyComms, LLC about the Service. No advice or information (oral or written) obtained by you from us or through the Service shall create any warranty not expressly stated in these Terms. For instance, if a support representative were to say “yeah it should work fine for that” in conversation, that is not a binding warranty or guarantee.

Consumer Rights: We acknowledge that some jurisdictions do not allow the exclusion of certain warranties. If you are in such a jurisdiction (for example, some states don’t allow a disclaimer of the implied warranty of merchantability for consumer goods), some of the above disclaimers may not fully apply to you. In that event, CustodyComms’ liability for any breach of such warranty (if not disclaimable) will be limited to the extent permitted by law. But in general, we want to make clear that the use of our Service is at your own risk. You assume the cost of any necessary servicing or repairs to your hardware or data that result from use of CustodyComms. We don’t anticipate such issues, but standard practice is to disclaim that as well.

Third-Party Services: If our Service relies on or integrates any third-party services (like using a cloud service for notifications, or a payment gateway), we make no warranty on their behalf either. Any issues arising from those external services are beyond our control, though we’ll do our best to help mitigate them.

Beta Features: If we label any feature as “Beta” or “Experimental,” it means it’s in testing and provided without any warranty whatsoever. It might be even less reliable than the rest of the app (which, as stated, has no warranties either). Use beta features cautiously and expect possible quirks.

In summary, CustodyComms cannot and does not make any guarantees about the Service’s reliability, functionality, or suitability beyond what is expressly stated. We hope and believe it will be beneficial, but if things don’t work out perfectly, you agree that, to the maximum extent allowed by law, you won’t hold us responsible under a warranty theory. Some states’ laws (like New Jersey or California consumer laws) might give you specific rights, and nothing here is meant to override those if they apply.

11. Limitation of Liability

Limited Liability Amount: To the fullest extent permitted by law, in no event will CustodyComms, LLC (or its officers, directors, employees, agents, suppliers, etc.) be liable to you for an amount greater than the fees you paid to CustodyComms in the twelve (12) months immediately preceding the event giving rise to the liability. If you have not paid any fee (for example, if you are using the Free tier), our liability is capped at $0. This means if something goes wrong and you take us to court (or arbitration if that were applicable), the most you could recover from us (assuming you proved we were liable) is the amount you actually paid us for the service in the last year. For most paid users, that would be at most $1,788 (which is $149 x 12 months). If you only paid one month, it’d be $149. If you paid nothing, then nothing. This cap applies in aggregate – it’s not per claim, but overall for all claims arising in that period or from that event. We set this cap because, as a relatively small tech provider, we cannot take on unlimited liability for things beyond our control, and our pricing reflects that.

No Indirect or Consequential Damages: In addition to the above cap, CustodyComms will not be liable for any indirect, incidental, special, consequential or punitive damages whatsoever. This exclusion includes, for example: lost profits, lost opportunities, loss of data, loss of privacy, emotional distress, or any other intangible losses or damages arising out of or related to your use of (or inability to use) the Service. We know you might be using CustodyComms for serious matters, but we can’t accept liability for things like: “Because the app didn’t work at a certain time, I lost custody of my child” or “I had to pay extra legal fees” or “I experienced stress and suffering.” We of course hope nothing like that happens, but these types of damages are often claimed as consequential or special damages, and we are excluding them. Even if we have been advised of the possibility of such damages, or even if such damages were foreseeable, the exclusion stands to the extent allowed by law.

No Liability for Certain Risks: Specifically, CustodyComms is not liable for:

• Court Outcomes: We are not responsible for the result of any legal case. If evidence from our app is challenged or not accepted, or if you or the other party misuses the app’s records, that’s outside our liability.

• User Conduct: We aren’t liable for what you or other users do while using CustodyComms. If an attorney uses CustodyComms and mishandles data, that’s on them, not us (though such conduct may violate our Terms, it’s ultimately between you and them legally).

• Data Loss on Your Side: If data is lost because you failed to back up or because your device malfunctioned, we empathize but we aren’t liable for restoring it or any harm from its loss.

• Service Unavailability: If the Service is down or inaccessible at a critical time (say you needed to pull a record an hour before a hearing and our server was temporarily offline), we are not liable for any impact. We do our best to maintain reliability, but outages can occur.

• Third-Party Claims Against You: If a third party (like your ex-partner, or someone whose data you uploaded) sues you for something related to your use of CustodyComms, we are not responsible for covering your defense or liabilities. You agree to indemnify us for any such third-party claims as described in Section 12.

State Law Considerations: Some jurisdictions do not allow the exclusion or limitation of certain types of damages, such as incidental or consequential damages, or they don’t allow limitations on how long an implied warranty lasts. For example, consumer protection laws in places like California might nullify certain limitations in a consumer contract if deemed unconscionable. To the extent that a particular law applies to you and prohibits any portion of the limitations above, that portion will not apply to you. However, in such cases, our liability will still be limited to the maximum extent permitted by that law. In no case will our liability exceed the cap described (unless the law absolutely forbids limiting liability for a given issue, in which case we comply with the law).

Release: You release CustodyComms from any and all liability, claims, or damages arising from or related to disputes between users of the Service (e.g., between you and your co-parent), or between a user and any third party. We don’t get involved in your disputes (outside providing data if legally compelled as neutral info), so it’s only fair we’re not liable for them.

Basis of the Bargain: You acknowledge that CustodyComms is offering this Service at relatively low cost (free or a monthly fee) in part because of these liability limitations. If we were to accept greater liability, the cost of the Service would presumably be higher or we might not offer it. So, the pricing and availability of CustodyComms is based on the understanding that our risk is limited as stated here.

No Double Recovery: The limitations and exclusions of liability in this section apply to all causes of action, whether in contract, warranty, tort (including negligence), strict liability, or any other legal theory. If, for example, a court did award you damages despite these Terms, you cannot recover more than once for the same harm. And if multiple claims arise from the same act, the total cap still applies collectively.

In summary: CustodyComms’ liability to you is limited to the money you paid us (if any) in the last year, and we won’t be liable for types of harm like lost profits or emotional distress. Use the Service understanding these limitations. If you require a service with no such limitations, those do exist but often at higher cost; with CustodyComms, we’re being upfront that we cannot take on open-ended liability given the nature of the product and its pricing.

12. Indemnification

You agree to indemnify, defend, and hold harmless CustodyComms, LLC and its affiliates, officers, agents, employees, and partners from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to:

• Your Use of the Service: Any use of CustodyComms by you that allegedly causes harm or damage to someone else. For example, if you use CustodyComms to publish defamatory statements about your co-parent and they sue CustodyComms for defamation, you would indemnify us for that. Or if you negligently allow someone else to access sensitive data via the app and a claim arises, you cover us.

• Your User Content: Any content you input, upload, or otherwise store/transmit using CustodyComms. If a third party (say, your co-parent, or a person whose information you included in a message) claims that content you managed with CustodyComms infringes their rights (like privacy, publicity, copyright, etc.) or caused them damage, you will bear the responsibility for that claim, not CustodyComms. You promised in Section 4 not to infringe others’ rights; if you do and someone comes after us for it, you’ll step in to protect us.

• Your Violation of These Terms or Law: Any breach by you of these Terms or violation of any applicable law or regulation. If, for instance, you use CustodyComms in a way that violates a court order or data privacy law and CustodyComms is implicated, you must indemnify us. Similarly, if you try to hack the Service or misuse it and that results in costs or claims, you cover us.

• Third-Party Disputes: Any dispute or litigation between you and any other person that occurs due to your use of CustodyComms. For instance, if your ex-spouse alleges you manipulated CustodyComms records and sues us to obtain data or damages, you’d indemnify us for any cost or liability. Another example: if an attorney uses CustodyComms with a client and there’s a privilege issue or malpractice claim involving the use of our app, the attorney (user) should indemnify us.

• Reliance on AI or Outputs: If you, contrary to our advice, rely on an AI-generated suggestion or any output from the Service in a way that causes harm and a third party brings a claim (for example, you act on a flawed AI suggestion and someone gets hurt or some right is violated), you would indemnify us. (This scenario is unlikely to involve us directly, but we include it for completeness.)

In plain language, if someone else sues or demands something from CustodyComms because of something you did, you’ll cover our costs and liability. This includes paying for our lawyers to defend against the claim and any damages or amounts we have to pay. We will notify you of any such claim and let you conduct the defense, as long as you do so diligently and with counsel reasonably acceptable to us. We reserve the right to participate in the defense with our own counsel at our own expense, and you agree not to settle any claim that involves an admission of guilt or liability by CustodyComms or any relief other than money damages payable by you, without our written consent.

This indemnification obligation will survive termination of your account or these Terms. That means even if you stop using CustodyComms, if a claim later arises related to your use, you still have to defend and indemnify us.

We understand this section sounds one-sided, but it’s standard for user agreements. We are providing a platform, and we cannot be responsible for user behaviors or content. Indemnity shifts responsibility to where it belongs (the user who caused the issue). We recommend you use CustodyComms carefully and within the law to avoid triggering this.

If you are using CustodyComms on behalf of an organization (e.g., a law firm or a company), you represent that you have authority to agree to this indemnity on behalf of that organization, and thus the organization will indemnify us as stated.

13. Termination and Suspension

By You (Termination): You are free to stop using CustodyComms at any time. You may delete your account by contacting us. Deleting your account will deactivate your login and end your ability to use the Service. If you are a subscriber and simply want to cancel a subscription but keep account data (maybe to continue in Free mode), see Section 3 on cancellation – that is not a full account deletion. If you do choose to fully delete your account, we will treat it as termination by you. Note that because your data is stored locally, deleting your account on our side does not automatically wipe the data on your device. If you want to remove that, you should also uninstall the app or delete the app’s local data. We are not able to wipe your device for you. Also, some data (like account email, etc.) might remain in backups or logs as outlined in the Privacy Policy, but generally we will remove personal identifiers. If you ever decide to come back, you’d likely need to create a new account (and your previous data might be unrecoverable).

By Us (Suspension or Termination): We reserve the right to suspend or terminate your access to CustodyComms (or certain features of it) at any time, with or without notice, under the following circumstances:

• Violation of Terms: If you violate any provision of these Terms or abuse the Service, we may terminate or suspend your account immediately. For serious violations (e.g., attempts to hack the system, using the Service for unlawful activities), termination may be without prior warning. For less egregious issues, we might give you a notice and opportunity to cure (e.g., a warning email) before termination, but we’re not obligated to do so.

• Legal Requirement: If required by law or by court order – for example, if providing the Service to you becomes illegal in your region, or if a court orders us to disable your access (perhaps due to misuse in a legal case) – we may terminate your account.

• Security Threats: If we detect what we believe to be unauthorized access to your account or a security threat that requires immediate action, we might temporarily suspend your account to prevent harm, while we attempt to contact you. This is to protect you, us, and other users.

• Inactivity: We generally do not delete active accounts for inactivity, especially since your data is on your device. However, for housekeeping, if an account remains completely inactive on our side for an extremely long time (say, a few years) and we cannot reach you at the registered email, we might disable it. (Your local data would remain on your device unless you remove it.)

• Non-Payment: If you owe us fees (like a subscription payment fails) and do not cure it, we may downgrade or terminate your account per the process in Section 3.

• Service Discontinuation: In the unlikely event that we decide to discontinue the CustodyComms Service entirely, we may terminate all accounts with advance notice. We would notify you reasonably in advance via the app or email so you can export your data. If we shut down the service, paid subscribers as of that time would likely receive a pro-rated refund for any remaining subscription period (though if we’re shutting down due to e.g. bankruptcy, there might be challenges, but we will do our best).

Effect of Termination: Upon termination of your account, whether by you or us:

• End of License: The license granted to you to use the software and Service ends immediately. You must cease all use of CustodyComms and uninstall or delete any copies of the software if we request (for example, if we terminate for misuse, we may instruct you to remove the app).

• Access to Data: You will no longer be able to access any Cloud-based features (like logging in, or any server-verified operations). However, since your case data is stored locally, you might still be able to view data on your device in an offline or read-only capacity. (This depends on whether the app allows any offline access post-logout. It might lock you out completely if the app requires login each time. We clarify: if we terminate your account, we have the technical ability to invalidate your login token. The app might still allow you to open and see cached data, or it might not – we reserve the right to design it such that access requires a valid login.)

• Export Prior to Termination: If possible, before termination (especially if you initiate it), export any records you need via PDF export. Once your account is gone, you can’t use the app’s export functions. If your account is terminated by us and you didn’t have a chance to export, you can contact support to see if a temporary reactivation or alternative export is possible. We aren’t obligated to provide that, especially if termination was for serious abuse, but we’ll consider requests, particularly if they involve personal data access rights.

• No Refunds: If your account is terminated due to violation of Terms or you terminate mid-subscription, you will not be entitled to a refund for any unused period (except where required by law or our Refund Policy allows). If we terminate the Service entirely (not due to your wrongdoing), we intend to fairly compensate any remaining paid users as noted.

• Surviving Terms: Certain provisions of these Terms will survive termination. Any clause that by its nature should survive, will survive. This includes (but is not limited to) disclaimers of warranty (Section 10), limitation of liability (Section 11), indemnification (Section 12), governing law and dispute resolution (Section 14), and any licenses granted to us (e.g., Feedback, which is irrevocable). Also, any obligations to pay fees up to termination remain (e.g., if there’s an outstanding balance).

• Deletion of Account Info: We will handle your data as described in the Privacy Policy. Typically, personal account info will be deleted or anonymized after termination, except as required to retain (like transaction records). We do not have your message content to delete, which is one less worry. But if you had any data stored in, say, a cloud backup or pending sync (if that feature existed), we’d delete that.

No Liability for Termination: You agree that CustodyComms will not be liable to you or any third party for termination of your account or access, or for the deletion of content in case of termination (again, content is on your side, so deletion on our side mainly concerns credentials or minimal data). If we terminate your account for breach, that’s an action to protect our service and others, and you accept that outcome.

Closing Note: If you decide to terminate because you’re dissatisfied or have issues, we’d appreciate feedback. We’d like the chance to address any problems before you leave. But you’re free to leave as you wish. Termination by you does not entitle you to any refund of past fees, as noted, except first-30-day cases if we allowed that, etc.

14. Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute arising out of or related to them or the Service will be governed by the laws of the State of Massachusetts, USA, without regard to its conflict of law principles. We choose Massachusetts law as it is our home state (example) and we desire consistency. If you live in another state or country, please note that we are not adopting that other jurisdiction’s law, except to the extent you might have rights under it that can’t be waived (see below). The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Jurisdiction and Venue: In the event of any dispute or claim between us, that is not subject to arbitration (see below about arbitration opt-out), you agree that it will be resolved exclusively in the state or federal courts located in Middlesex County Massachusetts. Both CustodyComms and you consent to the personal jurisdiction of those courts. You and we agree that Massachusetts is a convenient forum (or at least, we waive any argument that it is an inconvenient forum). If you are accessing the Service from outside the U.S., you also agree to the same jurisdiction, recognizing that using a U.S.-based service may subject you to U.S. jurisdiction for these Terms.

No Arbitration (Current Version): At this time, we are not mandating arbitration of disputes. That means if we have a dispute that we cannot resolve amicably, either party may file a lawsuit in court as provided above. (We reserve the right to introduce an arbitration clause in a future update of the Terms, but it would likely apply prospectively and we’d notify users, etc.) For now, we believe transparency and direct access to courts is acceptable. That said, we still encourage you to reach out and attempt to resolve any issue with us informally before resorting to litigation.

No Class Action Waiver (Current Version): Similarly, we are not including a class action waiver in this version of the Terms. That means these Terms do not explicitly prevent you from bringing a class action. However, by choosing Massachusetts law and venue, and given our user base, we still hope to address matters individually. (Should the legal landscape or our approach change, a future update might include such a waiver, but none is in effect now.)

Jury Trial Waiver (Optional): The following applies if allowed by law in your jurisdiction: You and CustodyComms each waive the right to a trial by jury in any court proceeding arising out of or related to these Terms or the Service. In the event of litigation, a judge (or bench trial) will decide the case, not a jury. You understand that by agreeing to this waiver, you are giving up potential rights to have a jury of your peers decide any claims and that this waiver is made knowingly and voluntarily. (If you are a consumer in a state that prohibits pre-dispute jury waivers, this provision may not apply to you.)

Small Claims: Notwithstanding the above choice of forum, either party may bring a qualifying claim in small claims court in either Massachusetts or in the jurisdiction where the defendant resides, if the claim falls within the small claims court’s jurisdictional limits. For example, if you have a minor dispute that can be resolved in small claims (and you prefer that), this section doesn’t prevent it.

Injunctive Relief: The above agreement on jurisdiction means all disputes go to Massachusetts courts. If either party needs to seek injunctive relief (for example, to stop an ongoing breach of these Terms that could cause irreparable harm, like a misuse of intellectual property or a data breach), we agree that those Massachusetts courts can grant such relief. Also, even though we don’t have an arbitration clause, we note that if in the future arbitration were in place or if any claim was arbitrated, either party could still go to court to seek injunctive relief to maintain the status quo pending outcome, especially to protect intellectual property or secure evidence.

Attorneys’ Fees: In any litigation or proceeding between us, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs from the other party, in addition to any other relief granted. (Note: Some consumer protection statutes or court rules may override this – in some cases only the consumer can get fees if they prevail, not the company. We include this mutual clause to reflect that if someone brings a baseless case and we win, we could recover fees; and vice versa. But if this is unenforceable in a particular context, that’s determined by law.)

Exceptions for Certain Government Agencies: If you are a government agency or other entity legally prohibited from agreeing to certain provisions of this Section, those provisions (like venue) may not apply to you. But that does not void the rest of the Terms.

Complying with Local Laws: We acknowledge that we operate under Massachusetts law, but we also strive to comply with applicable consumer laws in other states (like California’s automatic renewal law, data privacy laws, etc.). If there is a conflict between Massachusetts law and a law of your state that provides you extra protection (and that conflict cannot be resolved by choosing MA law), there is a possibility that the court will apply the law that provides greater protection. For example, if you are a California consumer, certain California laws (like their consumer privacy or auto-renewal cancellation requirements) might apply despite our choice of law. We believe our Terms and practices already aim to comply with those, but it’s worth noting.

International Use: We primarily target U.S. users. If you are from outside the U.S. and choose to use CustodyComms, you agree to the above governing law and forum. Local mandatory laws (like EU consumer laws) might still apply for certain aspects (especially privacy), but contractually, we’re setting jurisdiction in the U.S. If you are in a country embargoed by the U.S. or on certain lists (see Export Compliance in the EULA), you should not use the service.

Summing up: Massachusetts law governs, and any disputes will be heard in Massachusetts courts (with no jury trial if allowable). We have opted not to force arbitration at this time. We both can go to court to resolve things, ideally after trying to resolve amicably first.

15. Miscellaneous Provisions

Entire Agreement: These Terms, together with our Privacy Policy (and any additional guidelines, rules, or terms we’ve referenced or provided within the Service) constitute the entire agreement between you and CustodyComms regarding the Service. They supersede all prior understandings or agreements (whether oral or written) concerning the same subject matter. In legal terms, you aren’t relying on any statement that’s not in this written agreement. If any pre-contract representations were made, they’re not binding unless expressly included here.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms will remain in full force and effect. In other words, just because one clause is struck down, the rest of the agreement isn’t void. For example, if the court said the liability cap is not enforceable in a certain case, the rest of the Terms (including other limitations) can still apply.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right. If we don’t immediately act on a breach by you, it doesn’t mean we’re okay with it or that we waive the right to enforce later. To be an effective waiver, it must be in writing from us. Also, any waiver we give for a particular instance does not apply to future instances.

Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) to anyone else without our prior written consent. For example, you can’t transfer your account to someone else or transfer your subscription to another person without permission. CustodyComms may assign or transfer these Terms (including our rights and obligations) without restriction – for instance, we might assign them to a successor entity in the event of a merger, acquisition, corporate reorganization, or sale of assets, or even to an affiliate or as part of an internal restructuring. We’ll notify you if such a transfer occurs if it affects the service you receive. These Terms will inure to the benefit of and be binding upon each party’s successors and permitted assigns.

Relationship of Parties: You and CustodyComms are independent contractors. These Terms do not create any joint venture, partnership, employment, or agency relationship between us. You are not a legal representative or agent of CustodyComms, and cannot make commitments on our behalf.

Third-Party Beneficiaries: Except as expressly stated otherwise in the Terms, there are no third-party beneficiaries to this agreement. That means only you and we have rights under this contract (with the exception that in the EULA we will mention Apple/Google as third-party beneficiaries for certain purposes). Your co-parent or other users have no rights under your agreement with us. Similarly, our suppliers or any others have no independent rights (they are protected by disclaimers/limits, but they can’t enforce the contract themselves except as provided by law or this contract).

Force Majeure: We are not liable for any failure or delay in our performance of these Terms due to events beyond our reasonable control, such as natural disasters, war, terrorism, civil disturbances, government acts, power or internet outages, or other force majeure events. If such events occur, we’ll do our best to resume service, but you acknowledge interruptions caused by such events are not our fault.

Changes to Terms: We may revise these Terms from time to time as our Service evolves or as laws change. If we update the Terms, we will provide notice to you in an appropriate manner (for example, by posting the revised Terms in the app or on our website, and updating the “Effective Date” at the top, or by email for significant changes). It’s important to check for updates periodically. Your continued use of CustodyComms after revised Terms have become effective constitutes your acceptance of the updated Terms. If you do not agree to the new terms, you must stop using the Service and ideally let us know to deactivate your account.

Notices: Notices to you may be made via the email address associated with your account, via notifications within the app, or via other reasonable means. Notices to us should be sent to our contact address provided below, unless we specify an alternative method (for example, support tickets for certain issues).

Contact Information: If you have any questions, concerns, or notices regarding these Terms, you can contact us at:

CustodyComms, LLC

Attn: Support Team
131 Continental Dr. Suite 305
Newark, DE 19713
USA
Email: support@custodycomms.com

For formal legal notices (like a notice of dispute or breach), we prefer postal mail to the above address (with a copy by email as a courtesy). For routine communications (questions about the Service, etc.), email is fine.

User Data After Death: (This is not a pleasant topic, but sometimes needs addressing.) If we receive proof that a user has died, we may restrict access to that account and provide data to the user’s legal representative (executor) upon proper request, consistent with our policies and applicable law. Absent instructions, accounts are generally not transferred.

Export Compliance: You agree to comply with all applicable U.S. and international export control laws when using CustodyComms. (This is elaborated in the EULA, but we mention here: you represent you are not located in a country subject to U.S. embargo or designated by the U.S. as a “terrorist supporting” country, and you are not on any U.S. government prohibited or restricted party list. If this representation becomes untrue, your right to use the Service terminates immediately.)

Headings and Interpretation: Section headings in these Terms are for convenience only and have no legal effect. In case of ambiguity, these Terms will not be construed in favor of or against either party by virtue of authorship (both sides had opportunity to review).

Language: These Terms are written in English. If we provide translations in other languages, those are for convenience. The English version will control in any conflict or dispute (except where prohibited by law).

Finally, by using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them. We appreciate you taking the time to do so. We hope CustodyComms serves you well as a secure tool in your co-parenting or legal journey. If you have questions about these Terms, please contact us before using the Service.

Thank you for using CustodyComms!