CustodyComms End User License Agreement (EULA)

This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or an entity) and CustodyComms, Inc. (“CustodyComms,” “we,” “us,” or “our”), the provider of the CustodyComms software application (“Software” or “App”). This EULA governs your installation and use of the Software, whether on a mobile device, computer, or any supported platform. You agree to this EULA when you accept it while creating your account or when the Software asks you to accept it. If you do not agree to these terms, do not install or use the Software.

This EULA is incorporated into the CustodyComms Terms of Service and adds terms for the installed software. If the two conflict, the Terms of Service control subscriptions and billing, liability, responsibility for third-party claims, termination and dispute resolution, and this EULA controls the scope of the software license and its Apple-specific terms.

PLEASE REVIEW SECTION 14 OF THE TERMS OF SERVICE. If you live in the United States or its territories, it provides for individual arbitration of many disputes and a class waiver, with exceptions and a 30-day opt-out. For covered claims, arbitration replaces court and jury proceedings. Review that section before accepting.

This EULA governs the installed software application. Website use, account management, billing, support, AI chat, and other online services are governed primarily by the Terms of Service and Privacy Policy.

1. License Grant

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

Single Device Rule: This license is issued on a per-account basis. As noted in the Terms, your account can be signed in to the desktop app on only one computer at a time. You may install the Software on multiple devices (including PCs, Macs, and iOS devices). Signing in to the desktop app on another computer signs the first computer out. The iPhone app is not limited this way. The one-computer limit is a deliberate feature, not a defect (see Terms Section 2). Therefore, your license covers use of the desktop app on one computer at any given moment per account. If you need to switch computers, you may do so – the license for the desktop app transfers to the new computer when you log in, and is automatically terminated on the old computer’s instance.  You will only be offered 3 device switches per year. CustodyComms may modify this policy from time to time to prevent misuse of the license. If conditions occur where your device must be transferred more than 3 times in a year, please contact us at: support@custodycomms.com or by phone at the number listed in our contact section below.

Platform and Distribution: CustodyComms is distributed through two channels today: direct download from our website (macOS and Windows) and the Apple App Store (iOS). No other channel (an Android store, a practice-management platform, a software marketplace) exists today; if one is added, this Agreement will be updated first. If you obtain the App from the Apple App Store, your use of it is also subject to Apple’s terms and usage rules, and the terms for applications obtained from Apple’s App Store in Section 3 apply. For example:

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

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

Apple and its subsidiaries are third-party beneficiaries of this Agreement for a copy obtained from the App Store, as Section 3 describes; no other distributor has that right. CustodyComms is solely responsible for the App and its content.

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

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

2. License Restrictions

By accepting this EULA, you agree NOT to do any of the following:

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

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

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

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

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

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

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

No Use to Build a Competing Product: You shall not use the Software to build a competing product or service, or to reverse-engineer or copy it. Nothing in this EULA restricts you from reviewing, assessing or comparing CustodyComms, or from publishing your honest views about it.

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

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

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

AI Analysis Is an Organizational Tool, Not Evidence: The AI-powered analysis features in CustodyComms are provided as organizational tools to help you review and understand flagged incidents in your communications.

You agree that you will not:

Present or represent AI-generated analysis as a factual finding or as expert opinion in any legal proceeding, including family court, custody hearings, mediation, or arbitration

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

Terms of Service Section 8 states the single rule for using AI-assisted material in a proceeding. Misrepresenting AI-generated material as an original communication, a factual finding, a forensic conclusion or an expert opinion violates this EULA and the Terms.

A breach of these restrictions may lead to suspension or termination as Section 13 of the Terms of Service describes, and could also expose you to legal liability.

3. Installation, Updates, and Maintenance

Installation: You are responsible for installing the Software on your device. CustodyComms is not obligated to provide any physical media; distribution is via digital download. You must have a compatible device and operating system. CustodyComms may publish compatibility requirements on its website or in product documentation. If your device is not compatible or up to date, the Software may not function properly.

System Requirements: The desktop app runs on 64-bit Windows and on Macs with Apple silicon; it does not run on Intel-based Macs. CustodyComms also runs on supported iOS devices (iPhone). You are responsible for ensuring your device meets the minimum system requirements and is properly maintained. Not all features available on the desktop application are available on the mobile application; feature availability may vary by platform.

Local AI Processing (Ollama) — Desktop Only: The desktop application offers local AI analysis via Ollama. This feature is not available on the mobile (iOS) application. If you choose to use local AI analysis on a supported desktop platform, be aware that this feature places significant demand on your computer's processor (CPU), graphics processor (GPU), memory (RAM), and cooling system. Running local AI models is computationally intensive and may cause your device to operate at high temperatures for extended periods.

You acknowledge and agree that:

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

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

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

Updates: CustodyComms may periodically release updates to improve functionality, security, or performance. You are responsible for installing updates in a timely manner.

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

Security Features: The Software includes optional security features such as Multi-Factor Authentication (MFA) using time-based one-time passwords (TOTP). If you enable MFA, your ability to access the Software depends on your continued access to your registered authenticator application and/or recovery codes. CustodyComms is not responsible for your inability to access the Software if you lose your MFA credentials. If you lose access to your authenticator app, you can sign in using one of your backup codes, which allows you to disable MFA and re-configure it with a new authenticator. If you lose both your authenticator app and all backup codes, your account is permanently locked — there is no email-based recovery. CustodyComms does not offer an administrative or support reset of MFA, and we do not restore access to an account whose owner has lost both the authenticator app and every backup code. Your backup codes are the only recovery path. See the Terms of Service Section 2 and the Privacy Policy Section 9.2 for the full recovery and lockout policy.

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

Feature Changes: CustodyComms may modify, suspend, or remove features of the Software at any time through updates or service changes. We are not obligated to maintain any specific feature for any specific period unless a separate written agreement states otherwise. If a change materially affects a paid feature, CustodyComms gives the notice and any remedy that applicable law and the Terms of Service require, and may also offer replacement functionality, account credit, or another accommodation where it determines that is appropriate.

Support and Maintenance: CustodyComms will provide basic support for the Software as described in the Terms (see Section 3 of the Terms of Service). Essentially, Evidence Edition users get priority email support, Evidence Edition Lite users get standard email support, and free users get limited support. This EULA itself does not guarantee any specific support level or fix time. “Maintenance” – we handle behind the scenes maintenance of the service infrastructure. If we have to take the service down for maintenance, we’ll try to schedule it in off-peak hours and notify users. We don’t guarantee the Software will work on every future OS or hardware – but we’ll do our best to keep up. If you encounter a bug, we encourage you to report it, and we’ll try to fix it in an update.

No Custom Modifications: CustodyComms provides the Software as a standard product. We are not obligated to provide custom modifications, custom code, or individualized feature development for any user unless agreed in a separate written agreement.

Additional Terms for Applications Obtained from Apple’s App Store: This part applies to Software acquired through Apple’s App Store. References to “Apple” include the relevant Apple entity. If it conflicts with another provision of this EULA, this part controls to the extent Apple’s usage rules and its minimum terms for developers’ license agreements require.

Parties and responsibility: This EULA is between you and CustodyComms only, not Apple. CustodyComms, not Apple, is solely responsible for the application and its content. Nothing in this EULA provides usage rules that conflict with Apple’s Media Services Terms and Conditions.

Scope of license: The license for the Apple application is nontransferable and permits use on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing.

Maintenance and support: CustodyComms is solely responsible for any maintenance and support of the application. Apple has no obligation whatsoever to furnish any maintenance or support services for it.

Warranty: CustodyComms is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application to you, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are CustodyComms’ sole responsibility.

Product claims: CustodyComms, not Apple, is responsible for addressing any claims by you or a third party relating to the application or your possession or use of it, including product-liability claims, any claim that the application fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar legislation. This EULA does not limit CustodyComms’ liability to you beyond what applicable law permits.

Intellectual-property claims: If a third party claims that the application, or your possession and use of it, infringes that third party’s intellectual-property rights, CustodyComms, not Apple, is solely responsible for the investigation, defense, settlement and discharge of the claim.

Legal compliance: You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-party terms: You must comply with applicable third-party terms of agreement when using the application, such as your wireless data service agreement.

Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary. No other distributor has that right.

Contact: Questions, complaints and claims about the application may be directed to CustodyComms using the name, address, telephone number and email at the end of this EULA.

4. Chain of Custody and Evidence Outputs

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

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

You do not need any additional permission from CustodyComms to use your own communications records in your legal case. If your subscription lapses or your license ends, new exports may be watermarked or unavailable. You may retain and lawfully use exports you already created.

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

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

No Alteration of Official Records: You agree not to falsify exported records or present a changed copy as the unmodified original (Terms, Section 9). If you notice an error in a record, address it within the app (for example, by adding a clarifying note) and re-export, or explain the context to the court. Keep the unmodified original of every export you rely on; a redacted or annotated copy must be clearly identified as one. Presenting a changed copy as the original could render the evidence inadmissible and is outside the intended use of the Software.

Chain of Custody Certification: The Software records a hash for each imported file and message. We do not automatically provide a human witness to testify to the process. Any certification template must be reviewed and completed by a person qualified to make its statements, based on sufficient knowledge of the actual process and records, and accompanied by any notice the rule requires. If you want an affidavit from a “custodian of records” about how the evidence was generated, you can contact us and we may, at our discretion and if feasible, provide such an affidavit (possibly for an administrative fee to cover cost), or provide technical information for you to include. However, we do not guarantee that we can provide expert testimony or personnel for every case.

Response to Legal Process: If CustodyComms receives a subpoena, court order, or other legal process seeking records related to your use of the Software, CustodyComms may, in its sole discretion, object, seek to narrow, or respond only to the extent required by applicable law. For a case that stays on your device, CustodyComms does not hold and cannot produce your communications. For a case you have shared, CustodyComms holds the encrypted package; for a case shared from version 2.0 or later it holds no key that opens it, except a report sent to a phone from our website, which CustodyComms can open for as long as it exists; the Privacy Policy (Section 8.1) describes invitation keys. For a case shared from an earlier version it holds key material that can unwrap it. Legal process directed at CustodyComms could reach the contents of a case shared from an earlier version and of a report sent to a phone from our website. Being technically able to open a record does not by itself mean CustodyComms may disclose it. A private civil subpoena does not, by itself, authorize disclosure of communications content protected by the Stored Communications Act. CustodyComms may seek reimbursement of reasonable costs of responding to legal process from an appropriate requesting party where permitted by law or ordered by a court; it does not charge a user's saved payment method for legal process or condition compliance with a binding order on prepayment. Lawful process may require testimony, a certification, or existing technical information, and CustodyComms complies with binding obligations; voluntary expert work beyond legal duties may require a separate written agreement. Any indemnification obligation related to legal process is governed by the Terms of Service, including the limitations and exceptions stated there.

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

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

Deletion and Retention: As described in the Terms and Privacy Policy, the Software may restrict editing or deletion of certain records after import or logging in order to support chain-of-custody integrity. Attempts to modify database files, bypass retention controls, or alter records outside approved Software functionality may compromise authenticity and violate this EULA. If you need to remove or limit visibility of a record, you should use available in-app controls or contact CustodyComms support for guidance.

Your Responsibilities as Records Custodian: Because imported case content is stored locally on your device, you are responsible for preserving your device, local files, source documents, exports, and backups. CustodyComms does not guarantee that it has a copy of your imported communications or case content. If you lose your device, delete local data, fail to maintain backups, or fail to preserve records needed for a legal proceeding, CustodyComms may be unable to restore or produce that content.

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

5. Intellectual Property and Proprietary Rights

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

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

Feedback: Section 5 of the Terms of Service governs product ideas and suggestions you give us as feedback. You grant us a nonexclusive license to use them; nothing transfers ownership of your reviews, your case content or your confidential material.

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

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

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

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

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

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

6. Limited Warranty and Disclaimers

EXCEPT FOR EXPRESS COMMITMENTS, THE TERMS FOR APPLICATIONS OBTAINED FROM APPLE’S APP STORE IN SECTION 3, AND NONWAIVABLE RIGHTS, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, SUBJECT TO SECTION 10 OF THE TERMS OF SERVICE. We do not guarantee uninterrupted operation, error-free analysis, universal compatibility, or acceptance of any output by a court.

Nothing in this EULA disclaims a statutory warranty or remedy that cannot lawfully be excluded, and an express promise forming part of your purchase is not withdrawn by a general disclaimer. Local AI can require significant computing resources; follow the supported-device requirements and your device’s safety indications.

Critical Use: The Software is not fault-tolerant and is not designed or intended for use in any environment where failure could lead to death, personal injury, or severe physical or environmental damage.

7. Limitation of Liability

Section 11 of the Terms of Service governs liability relating to the Software. This EULA creates no additional cap, release, or conflicting exception. Those limitations do not exclude fraud, willful misconduct, gross negligence, or other liability that the Terms of Service or applicable law preserve. The allocation of responsibility between CustodyComms and Apple in Section 3 does not excuse CustodyComms’ own duties.

8. Indemnification

Section 12 of the Terms of Service exclusively governs any responsibility you may have for third-party claims against CustodyComms. This EULA does not impose a separate indemnity for ordinary use, a co-parent’s complaint, permitted AI-assisted court materials, or compliance with legal process. Nothing shifts CustodyComms’ own unlawful conduct to you.

9. Termination of License

Termination by You: You may stop using the Software at any time. Uninstalling does not cancel a paid subscription; to cancel, see Section 3 of the Terms of Service. If you have an account, you might also want to delete your account (per Terms of Service procedures) to remove server-side data. This license ends when your account is terminated, as Section 13 of the Terms of Service describes.

Termination by Us: Suspension and termination of your license and your account are governed by Section 13 of the Terms of Service. We may terminate this EULA (and your account) by giving you notice if we discontinue the product, as Section 13 of the Terms of Service describes. If we terminate due to your breach, you are not entitled to any refund of fees already paid (except where the law or the Terms of Service provide otherwise).

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

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

You will no longer be able to sign in, and the desktop application needs a signed-in account to open, view or export a matter (Terms of Service, Section 13). Data on your device stays there until you delete it.

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

Continued Obligations: Even after termination, you remain responsible for any fees owed (like if you had an outstanding balance) or any liability you incurred prior.

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

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

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

Service Termination vs. License Termination: If CustodyComms terminates the entire CustodyComms service (for example, ceases operations), this EULA will effectively terminate because the Software will no longer be functional. Certain terms (including intellectual property, disclaimers of warranty, limitations of liability, and survival provisions) will continue to apply.

In summary, this license can end as Section 13 of the Terms of Service describes. When it ends, stop using the app and uninstall it. The protective clauses still protect us afterward.

10. Governing Law and Dispute Resolution

Governing Law: This EULA and any dispute arising out of or related to it will be governed by the laws of the Commonwealth of Massachusetts, USA, subject to Section 14 of the Terms of Service.

Dispute Resolution Under the Terms of Service: Because this EULA is incorporated into and forms part of the CustodyComms Terms of Service, disputes arising out of or relating to this EULA are subject to the dispute-resolution provisions in the Terms of Service, including the binding individual arbitration agreement, the class action waiver, the small-claims-court carveout, the emergency and injunctive-relief carveout, the venue provision, the fee provisions, the 30-day opt-out right, the severability provision, and the survival provision set out in Section 14 of the Terms of Service, as that Section applies where you live.

Court Proceedings: Section 14 of the Terms of Service says where a court proceeding may be brought, including if you live in Canada, Australia or New Zealand, where the arbitration agreement and the class waiver do not apply to you.

Injunctive Relief: Nothing in this EULA prevents either party from seeking temporary or preliminary injunctive relief as permitted by the Terms of Service.

Legal Compliance: You agree to comply with all local laws regarding download, installation, and use of the Software.

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

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

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

Contact: Any legal notices or questions about this EULA can be directed to the address below.

Developer Contact Information:
CustodyComms, Inc.
131 Continental Dr., Suite 305
Newark, DE 19713, USA
Email: support@custodycomms.com
Phone: (508) 507-9547

By accepting this EULA as described at its beginning, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms.