CustodyComms Terms of Service

Welcome to CustodyComms. These Terms of Service (“Terms”) are a legal agreement between you and CustodyComms, Inc. (“CustodyComms,” “we,” “us,” or “our”). They govern your use of the CustodyComms software application and related services (“Service”). You agree to these Terms when you create an account or take another action identified as agreement, as Section 1 describes. If you do not agree, do not use CustodyComms.

PLEASE REVIEW SECTION 14. If you live in the United States or its territories, it provides for individual arbitration of many disputes and a class waiver, subject to stated exceptions. Arbitration replaces a court and jury trial for covered claims. You may opt out within 30 days as described there.

1. Acceptance of Terms and User Eligibility

Agreement to Terms: You accept these Terms when you take an affirmative action expressly identified as agreement, after having an opportunity to review them, for example when you create an account or accept an updated version. We do not rely solely on your browsing a public page as agreement to arbitration or other contractual obligations. We may update these Terms from time to time. If we make material changes, we will provide notice — for example, by in-app notice, website notice, blocking re-acceptance modal, or email — before the changes take effect where required by law or where commercially reasonable. For material changes affecting dispute resolution, arbitration, class waivers, privacy practices, payment terms, or core user obligations, we require affirmative re-acceptance before you continue using the Service.

Document Hierarchy and Service Scope: These Terms govern all use of CustodyComms and related services, including the website, public pages, authenticated account areas, account management, billing, support, downloads, AI chat, the desktop application, the mobile application, and any related online services. The End User License Agreement (EULA) is incorporated into these Terms and adds terms for downloadable or installed CustodyComms software. If the two conflict, these Terms control subscriptions and billing, liability, responsibility for third-party claims, termination and dispute resolution, and the EULA controls the scope of the software license and its Apple-specific terms. The Privacy Policy describes our data practices and controls data-practice disclosures. Mandatory law, and the terms of an app store that apply to a copy obtained from it, take precedence over inconsistent wording here.

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. The Service is offered only to consumers located in the United States and its territories, Canada (except Quebec), Australia and New Zealand. It is not offered or directed to consumers anywhere else, including the European Economic Area, the United Kingdom and Switzerland. We do not knowingly collect personal information from anyone under 18.

Jurisdiction Notice: The Service is offered in the United States and its territories, Canada (except Quebec), Australia and New Zealand, 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 still need to accept these Terms to use it.

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, 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 either a secure password or a supported sign-in provider (Google or Apple). 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: The CustodyComms desktop application is intentionally designed to allow only one active login per account at a time. Signing in to the desktop app on another computer signs the first computer out. The iPhone app is not limited this way. Browser-based account management, billing, support, download, and legal pages on our website may remain available separately from the single-device application session. This single-device rule is a licensing and account-security control. Do not attempt to use the desktop application on more than one computer at the same time. If you need to switch computers, sign in to the desktop app on the new one, which signs the old one out. 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.

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. 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.

Multi-Factor Authentication (MFA): CustodyComms offers optional app-based Multi-Factor Authentication using time-based one-time passwords (TOTP). You may enable MFA through your account security settings. We may, at our discretion, require MFA for certain account actions or for all logins.

MFA User Responsibilities: When you enable MFA, you are solely responsible for: (a) maintaining access to your authenticator application; (b) securely storing backup codes provided during MFA setup in a safe location separate from your primary device; (c) promptly notifying us if you believe your account security has been compromised. Backup codes are displayed once during enrollment. We cannot show them again after setup; you can generate a new set, which cancels the old one.

MFA Account Recovery: If you lose access to your authenticator app, you can sign in using one of your backup codes. Using a backup code allows you to disable MFA and re-configure it with a new authenticator. Disabling MFA removes your backup codes and signs out the device you are using and removes its trusted-device record. If you lose both your authenticator app and all backup codes, your account is permanently locked — this is an intentional security measure given the sensitivity of custody data. Store your backup codes in a secure location separate from your device.

MFA Liability: CustodyComms shall not be liable for any loss, damage, or inability to access your account arising from your failure to store backup codes or loss of your authenticator device. This includes any consequences arising from inability to access records for court deadlines or legal proceedings.

Authorized Use Only: Only you are permitted to use your account. The Service is for adult account holders only. You may process communications or records relating to your minor child only if you have lawful authority to do so. A minor child may not create, access, or use an 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 three subscription tiers: a Free Tier and two paid plans, “Evidence Edition Lite” and “Evidence Edition.” By signing up for any of them, 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 350 message uploads. Additionally, they receive unlimited local basic AI analysis and 5 detailed AI analysis per month (desktop application only; AI features are not currently available on the mobile application). 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 on a paid plan, Evidence Edition Lite or Evidence Edition (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). If you had more than one matter of your own, the Free Tier keeps open only the one you imported to most recently; the others stay on your computer and cannot be opened until you subscribe to Evidence Edition. 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 Edition Lite or Evidence Edition in the past. Exports generated under the Free plan will be clearly watermarked or labeled "PREVIEW: NOT FOR COURT USE." These exports are for personal organization and review; they are not formatted for legal submission. PDF exports made on the Free Tier or on Evidence Edition Lite end at page 99, so anything that would come after page 99 is left out, and on every second page the lower part of the page is covered and marked “CONTENT OBSCURED.” They also leave out the documents and photos you added to the matter’s Evidence Library; pictures inside messages stay in. 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 Lite: Evidence Edition Lite is a paid, month-to-month subscription priced at USD $29 per month (unless otherwise stated at the time of purchase). Taxes will be added where applicable. The features it adds are delivered on the website through your account; in the desktop application it changes only the import limit described in this paragraph. On the website, Evidence Edition Lite includes every incident in your /try report written up, with 500 analyses per 30-day period (the same /try allowance as Evidence Edition; the period is counted per account from your first analysis in it, and an analysis that fails to complete is not counted); every message inside every incident readable; and sending the full report to your phone and sharing it with your attorney. In the desktop application, Evidence Edition Lite raises the import limit to 1,000 messages in one Matter (the Free Tier limit is 350). That allowance is attached to your account and applies while the subscription is active; the limit of 1 active matter is unchanged. Exports generated under Evidence Edition Lite remain watermarked in the same way as Free Tier exports and are not formatted for legal submission. Evidence Edition Lite does not include clean (unwatermarked) exports, the FRE 902(14) certification template, the per-file SHA-256 manifest, Bates numbering, the chain-of-custody log, priority support, or unlimited Matters and messages; those remain features of Evidence Edition. Evidence Edition Lite subscribers receive standard email support. Messages imported while subscribed to Evidence Edition Lite stay readable after the paid month ends, as described in the Free Tier paragraph above.

• Evidence Edition (Premium): Evidence Edition is the higher of the two paid subscription plans and includes everything in Evidence Edition Lite. It provides unlimited matters, unlimited message imports, cloud and local AI (desktop application only, with cloud AI subject to the Cloud AI Limits below), unlimited Evidence Exports, 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.

Cloud AI Limits: To keep cloud AI available to everyone, cloud AI requests in the desktop application, on every plan, are subject to a daily limit for each account and an overall daily limit across all users. New accounts without an active paid plan have a smaller daily limit for their first 7 days. The limits reset each day at midnight UTC. When a limit is reached, the app tells you, and cloud AI is paused until the reset; local AI and every other feature keep working. Cloud AI may also be paused for everyone if our AI provider’s usage limits for our account are reached. We may change these limits from time to time.

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 Lite and Evidence Edition are subscription services. By subscribing, you authorize CustodyComms (or our payment processor) to charge your provided payment method the monthly price of the plan you selected (US$29 each month for Evidence Edition Lite, US$149 each month for Evidence Edition; prices are in United States dollars), plus any applicable taxes, until you cancel or change plans. 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) until you cancel. You may cancel the renewal at any time, whether before or after the renewal date, without charge or other penalty; cancelling stops the next renewal, and unused time is not refunded unless the law requires it. We will attempt to bill your saved payment method on the renewal date.

Stripe checkout on the website. Subscription checkout on the website is started from /pricing, from a /try report, or from the billing area of your account. Checkout is hosted by Stripe; payment-card data passes from your browser to Stripe and never traverses our infrastructure. From Stripe we receive your Stripe customer ID, your subscription ID and status, the price identifier, and ongoing webhook events documenting subscription lifecycle changes. Your Firebase user ID is attached to the Stripe customer as metadata so we can reconcile your subscription state to your account. The personal-data processing posture for Stripe is described in our Privacy Policy §4.1.

Cancellation: You can cancel your subscription at any time to stop future auto-renewal. If you cancel, you will continue to have access to your paid-plan 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 from the billing area of your account at custodycomms.com/account/subscription by selecting the Manage Subscription or Cancel Subscription option, which opens our Stripe-hosted billing portal. You may also cancel from within the installed CustodyComms application by going to settings and selecting the manage subscription option, or by contacting our Customer Service at support@custodycomms.com. We do not sell subscriptions through the Apple App Store. 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 on cancellation. Switching between the two paid plans is handled differently; see Upgrades/Downgrades below.

Refund Policy: Subject to your statutory rights and the exceptions below, we do not refund unused subscription time solely because you change your mind or stop using the Service. CustodyComms provides a Free tier so that you can evaluate the Service before deciding to purchase a paid plan. 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. If you live in Australia, New Zealand or Canada, nothing in this Section or Section 13 takes away a refund or other remedy the consumer law of the place where you live gives you (Section 14). 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 exceptions are: (a) if a billing error or duplicate charge occurs on our end, we will correct it and issue a refund as needed; and (b) we provide the remedies applicable law requires, including any cancellation right or refund the consumer law of the place where you live gives you. We may also offer goodwill credits or refunds where no legal remedy is required; doing so once does not oblige us to do so again.

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. 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 your paid plan, Evidence Edition Lite or Evidence Edition (for example, your credit card expires or is declined), we will notify you and may retry billing. If a payment fails, 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: You may upgrade from Evidence Edition Lite to Evidence Edition at any time from the billing area of your account at custodycomms.com/account/subscription by selecting Upgrade to Evidence Edition. You are shown the prorated amount before you confirm: the Evidence Edition price for the rest of the current month, less a credit for the unused part of the month at the Evidence Edition Lite price. That amount is charged to your payment method when you confirm, and your account has Evidence Edition’s features once it is paid; if the charge does not go through, your plan stays on Evidence Edition Lite. Your monthly billing date does not move. To move from Evidence Edition to Evidence Edition Lite, write to support@custodycomms.com and we will make the change. If we offer an annual plan or other tiers in the future, we will inform you how switching to or from them is handled before you can select them.

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, available on desktop and mobile (iOS) platforms. The desktop app runs on 64-bit Windows and on Macs with Apple silicon; it does not run on Intel-based Macs. CustodyComms 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 organizing messages between co-parents or other relevant parties and an export function that compiles selected records into structured reports with formatting, metadata, chain-of-custody documentation, and hash verification. The software runs primarily on your device (Mac, Windows, or iOS), storing data locally for privacy. The desktop application uses built-in tools (including on-device AI analysis and optional cloud-based AI if users choose to enable) to help identify important information (like recognizing hostile language or summarizing long exchanges). AI analysis features are not available in the mobile (iOS) application; the mobile (iOS) application provides viewing, search, and organizational features. 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 help you preserve and present communications in a structured, tamper-evident format, while recognizing that admissibility, evidentiary weight, and acceptance in any legal proceeding are determined by applicable law, court rules, and the decision-maker in that proceeding.

What the Service is for: CustodyComms is for preparing for an actual or anticipated family-law matter. You use it to organize your own communications and records, to review them, and to share them in confidence with your attorney. We process the communications you import or upload for that purpose and to provide the features you ask for. We do not use their contents for any unrelated purpose.

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 own purposes related to co-parenting, custody management, or your own legal matters, or, if you are an attorney, in your practice as described under “For Attorney Users” below. 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, case data and communications kept in the installed application are stored locally on the device where the Software is installed. If the sharing feature is used to share cases between devices or users, case data is encrypted on-device before transmission and an encrypted copy is stored in cloud storage. CustodyComms does not hold a key that opens a shared case, except for cases shared from a version of CustodyComms earlier than 2.0, as described in the Privacy Policy (Section 8.1, which also describes invitation keys), and except a report you send to your phone from the CustodyComms website, which CustodyComms can open for as long as it exists. If your professional obligations require that no provider be able to access client material, do not use the sharing feature for that material. 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 do not read 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. (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.

• 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 present any AI-generated analysis (from Ollama or OpenAI) as a factual finding or as expert opinion in any court, hearing, mediation, arbitration, or other legal proceeding. AI-generated summaries and titles are labeled as AI-generated, are not themselves evidence, and the underlying communications control

• 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 organizational tools. AI-written material is labeled as AI-generated; incident and keyword detection is automated pattern matching, not AI. None of these is itself evidence: where such material appears in or alongside a document you produce, the underlying communications are what control, and it must not be presented as a factual finding or as expert opinion.

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 the content you keep only in the installed application. 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, Inc. 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.

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). For a case you keep to yourself and never turn on cloud AI for, we have no access to it. If you share a case, an encrypted copy is uploaded; we do not hold a key that opens it, except for cases shared from a version earlier than 2.0 and except a report you send to your phone from our website, which we can open for as long as it exists, as described in Section 6 and the Privacy Policy. 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, Inc. 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 described in Section 6, the content you keep only in the installed application is not stored 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. For product ideas or suggestions you voluntarily give us as feedback, you grant us a nonexclusive, worldwide, royalty-free license to use them to improve and promote the Service, without payment to you. This does not transfer ownership of consumer reviews, case content, private correspondence, or confidential material, and it does not permit using your name, likeness, or sensitive information as an endorsement without separate permission. Nothing in these Terms restricts honest reviews or lawful disclosures.

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.

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. 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 or your iPhone’s local storage). This design means we do not have access to the content you keep only in the installed application. Unlike many other services, CustodyComms does not upload your messages or documents to a company cloud server for storage in unencrypted form. They remain with you. If you use the sharing feature to share a case with another user (such as your attorney), an encrypted copy of the case data is transmitted through Firebase Storage (provided by Google) to facilitate the transfer. That copy is encrypted on your device before it is uploaded, and it is stored with Google, our cloud storage provider. Your devices and your recipient’s devices are each given their own key to open it, and we do not hold a key that opens it, except for cases shared from a version earlier than 2.0, which our systems can open as described in the Privacy Policy, and except a report you send to your phone from our website, which we can open for as long as it exists. When you invite someone whose CustodyComms is not yet set up to receive the case, and whenever you invite a recipient by email from version 1.1 or later of the iPhone app, their invitation email carries a key made for that invitation, which passes through our servers and our email provider on its way to them; the Privacy Policy (Section 8.1) says what that key could open, and until when. We do not read the contents of cases shared from the applications. If you never share a case, no encrypted copy of it goes to cloud storage. Sharing is not the only feature that sends anything off your device; the others are described below and in our Privacy Policy. Once the recipient downloads and decrypts the data, it resides locally on their device. Except for the optional features and account services described in these Terms and our Privacy Policy — including cloud AI, Help Chat, encrypted sharing, account authentication, analytics, billing, support, and security services, each of which may involve limited cloud processing or metadata collection — your imported case content remains on your device. Even our staff cannot read or produce from our systems the case content you keep only on your device, because we do not store that content on them. See our Privacy Policy for the per-feature details.

Content You Upload to Our Website: What this Section says about local storage describes the installed applications. Our website works differently. When you upload a conversation file to the try-the-product demo at /try, the file is processed on our servers in readable form and its contents are sent to OpenAI to produce the report. We hold the text and the report for up to 24 hours, unless you send the report to your phone (“Save to my account” and “Share with my attorney” send it the same way), in which case we keep it until you delete it. Our Privacy Policy describes this in full.

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 either a hashed password or, if you use a supported sign-in provider (Google or Apple), an account identifier from that provider (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, Evidence Edition Lite 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 desktop sign-in 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 do not.

• What Our Analytics Leave Out: Our analytics are designed not to collect, access, or analyze the content of your messages, communications, case details, or any personal information you import into CustodyComms. A case you never share, and never turn on cloud AI for, stays on your device, and we cannot see what you are working on, who you are communicating with, or what your messages say. If you share a case, an encrypted copy goes to cloud storage; we do not hold a key that opens it, except for cases shared from a version earlier than 2.0, and we do not read it.

• Essential Service Analytics (All Users): To operate the Service, we collect basic, non-content analytics such as: app version and platform (Windows/macOS/iOS); subscription status; error logs and crash reports (on iPhone via Firebase Crashlytics, and on desktop as error events in Google Analytics with a shortened, scrubbed error description; both are designed to leave out message content and case data); which screens you open and which import formats you use; and general feature usage patterns. This data helps us fix bugs, ensure compatibility, and maintain the Service.

• Optional Analytics (Opt-In): With your consent, we may collect additional pseudonymous, non-content 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 or case details. Like essential analytics, it is tied to your pseudonymous identifiers, as described in our Privacy Policy. You can enable or disable optional analytics at any time in your settings.

• Summary: We see how the app is used. We do not read what you are doing with it. A case you keep to yourself stays on your device; a case you share is uploaded encrypted, and we do not hold a key that opens it (cases shared from a version earlier than 2.0 are an exception described in the Privacy Policy).

Everything listed above is information that by its nature either does not include your private communications. Apart from a shared matter’s name, any note you add to it, your recipients’ email addresses, what you upload to our website, the encrypted copy of a case you share, and the message count and date range in its header, 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: a message or file you keep in the installed application stays with you unless you share it, turn on cloud AI for it, or upload it to our website.

Local Storage, Data Security, and Your Responsibilities: The installed CustodyComms application stores your case 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 device:

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

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

• iOS: iOS devices encrypt data by default when a passcode is set. Ensure you have a strong passcode or biometric authentication (Face ID/Touch ID) enabled.

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 the case data you keep in the installed application resides 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 (exports on the Free Tier and Evidence Edition Lite are limited as described in Section 3)

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. For a case you never share, we do not have a copy of your messages, cases, or exports—if the computer is gone, so is the data. A shared case is different: an encrypted package is stored in the cloud, but that package is not a backup of your local database, and for a case shared from version 2.0 or later we hold no key that opens it. Local-only storage 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 the content you keep only in the installed application, 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: For a case that stays on your device, we are unable to read your communications, view your case files, or access what you imported. We do not scan or monetize your content, and we do not use it to train AI models. Two features work differently. If you turn on cloud AI analysis, the content you select passes through systems we operate on its way to our AI provider. If you share a case, an encrypted copy is uploaded; we do not hold a key that opens it, except for cases shared from a version earlier than 2.0 and except a report you send to your phone from our website, which we can open for as long as it exists. Both are described in these Terms and in our Privacy Policy.

• 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: We do not hold the cases that stay on your device, so we cannot produce them in response to a subpoena, court order, or other legal process. If we receive a legal request, we can produce only what we actually have, which includes account information, support correspondence we keep, subscription status, sharing metadata, security and usage records, any encrypted share package stored for you, and anything you uploaded to our website that we still hold. We do not hold a key that opens a case shared from version 2.0 or later (an emailed invitation key is described in Section 8.1 of the Privacy Policy); for a case shared from an earlier version, legal process directed at us could reach its contents. It could also reach a report you send to your phone from our website, which we can open for as long as it exists. Section 16 describes how we respond to legal process, including when we may object or seek to narrow a request and when we will try to notify you. Our Privacy Policy describes how we handle legal requests for personal data.

• 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 the content you keep only in the installed application 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 on your device. Uninstalling the desktop app does not remove it; to remove it, delete the CustodyComms data folder. 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.

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 (exports on the Free Tier and Evidence Edition Lite are limited as described in Section 3), 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 accepting these Terms as Section 1 describes, you acknowledge that your data will be handled as described and you consent to this handling. For more details on privacy, please review our Privacy Policy, which is incorporated into these Terms by reference.

Data Architecture Acknowledgment: You acknowledge and agree that: (a) CustodyComms employs a local-first architecture where your communication content (messages, case files, evidence, attachments) is stored on your device, not on CustodyComms servers; (b) CustodyComms does store certain account and service data on cloud infrastructure, including: account credentials, authentication configuration (including encrypted MFA data), subscription and billing metadata, device licensing, share permissions and encrypted sharing keys, and usage analytics; (c) when cases are shared, the files stored in cloud storage have their contents encrypted, and a small unencrypted header travels with each file, carrying the matter’s name, your user ID, when it was made, and how many messages it holds and the dates they span, and CustodyComms does not hold a key that opens a shared case, except for cases shared from a version earlier than 2.0 as described in the Privacy Policy (Section 8.1, which also describes invitation keys) and except a report you send to your phone from the CustodyComms website, which CustodyComms can open for as long as it exists; (d) in the event of legal process, CustodyComms can produce only information within its possession, custody or control, which does not include the communications you keep only on your device; and (e) you are the sole custodian of your locally-stored communications and are responsible for preserving and producing them in response to legal process.

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, Inc. or any of its employees. Our staff are not acting as your attorneys. Contacting our support or staff does not itself create privilege or an attorney-client relationship with CustodyComms. 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. For a case that stays on your device, we do not receive your confidential communications at all (see Section 6). For a case you share with your lawyer through the Service, an encrypted package is stored in the cloud, but CustodyComms does not hold a key that opens it, unless the case was shared from a version earlier than 2.0: that case is within our technical reach, as described in the Privacy Policy (Section 8.1, which also describes invitation keys). So is a report you send to your phone from our website, which we can open for as long as it exists. We do not read cases shared from the applications. Whether using a third-party service to store or transmit privileged material affects privilege depends on the law that applies to you and on the facts, including what the provider can access. We do not make any guarantee about privilege. It is the responsibility of you and your attorney to decide whether sharing through the Service is appropriate for your obligations and 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. An order directing a user to use the Service does not by itself make CustodyComms a party or responsible for enforcing that order, and we cannot enforce compliance by either party. Our obligations under binding legal process still apply. 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, 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.

IMPORTANT — HOW AI-GENERATED MATERIAL MAY BE USED:

AI analysis, incident analysis, and keyword detection organize your communications for review. AI-written summaries, titles and explanations are labeled as AI-generated; incident and keyword detection is automated pattern matching, not AI. None of these is itself evidence — the underlying communications control. You must not present any of the following as a factual finding or as expert opinion 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 to help you identify and organize relevant communications for your own review. They are not themselves the underlying evidence and they are not expert opinions. The single rule for using them in a proceeding is the "Use in legal proceedings" paragraph below.

Misrepresenting AI-generated material as an original communication, a factual finding, a forensic conclusion or an expert opinion is a violation of these Terms.

AI Processing Options: The CustodyComms desktop application offers two options for AI-powered incident analysis. Cloud AI (OpenAI) is off until you turn it on. Local AI (Ollama) is the default option and runs on your computer. AI analysis features are not currently available on the mobile (iOS) application.

• Ollama (Local AI — Desktop Only): 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 3 of the EULA regarding hardware requirements.

• OpenAI (Cloud AI — Desktop Only): OpenAI processes incidents via OpenAI's cloud API. When you request analysis of a specific incident, that incident's content is sent from your device to a Cloudflare Worker we operate, which authenticates the request, applies rate limits, and forwards the content to OpenAI for processing. The Cloudflare Worker we operate is the literal intermediary between your device and OpenAI on this request path. We do not persist the content in our databases, do not use it for advertising, and do not make it available for routine human review. Retention at OpenAI is as described in our Privacy Policy §7.2: we send requests with store: false where supported, we do not have a Zero Data Retention contract, and OpenAI may retain abuse-monitoring logs for up to 30 days under its standard API data controls. OpenAI does not use API data to train its models under the standard API terms. 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 and choose between simple or detailed analysis modes. You can turn cloud AI on or off at any time. When cloud AI is off (the default), the desktop app sends no message content to any AI provider. Help Chat sends the questions you type to OpenAI only after you agree, once in Help Chat or by turning cloud AI on.

How Incident Detection Works: Incident detection (flagging potentially concerning groups of messages) uses pattern matching and keyword detection built into CustodyComms—it does not use AI. When you ask for cloud AI analysis, the app sends OpenAI the incidents you ask about: one incident, or every flagged incident in a matter. The AI explains or summarizes each 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.

Use in legal proceedings: If you include AI-assisted material from CustodyComms in anything you submit to a court or other tribunal, it must carry its AI-generated label, be presented as a summary or organizational aid and not as an original communication, a factual finding, a forensic conclusion or an expert opinion, and be accompanied by or traceable to the underlying communications it summarizes. Whether such material is evidence, a permitted aid or inadmissible is for that court under its own rules, not a label in these Terms. Follow any rule of that court on disclosing AI use. Nothing in this paragraph is legal advice.

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.

Summary: AI and analysis features are organizational tools. They help you find and review relevant communications. AI-written summaries, titles and explanations are labeled as AI-generated; incident and keyword detection is automated pattern matching, not AI. None of these is itself evidence, and none may be presented as an original communication, a factual finding or an expert opinion. The original messages are your evidence.

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 in the original imported communications (the actual messages, timestamps and metadata) and their chain-of-custody documentation. AI analysis, incident detection, keyword flags and any automated analysis are not themselves evidence and must not be presented as an original communication, a factual finding or an expert opinion; the single rule for including labeled AI-assisted material in a proceeding is in Section 8.

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. Where an export lists hash values, it shows the SHA-256 recorded for each source file, so that someone with that file can recompute and compare. A source-file hash does not by itself verify the text extraction, selection, ordering or rendering in the export. This mechanism detects tampering; it does not prevent it if someone gains unauthorized access to your device.

What Hash Verification Shows (and Does Not Show): A matching hash shows that the file or message checked is the same as the one whose hash CustodyComms recorded at import. The recorded hashes are kept in the application’s database on your own device, so a match does not by itself rule out a file having been changed and its recorded hash replaced with it. It does NOT show:

• 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. A matching hash supports "this is 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 (Appendix C, on by default)

• 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 one by one, through the application interface. This is intentional: it limits changes through the application interface. If you import something in error, you may add clarifying notes, but the original record remains unless you delete the matter. We will not honor requests to alter or delete records except as required by law or court order. Deleting a matter removes its imported records from the app.

Your Responsibilities:

• Keep an unmodified original of every export you rely on. You may make clearly identified redacted, annotated or filing-compliant copies when lawful. Do not present a changed copy as the unmodified original or remove a PREVIEW mark. A changed copy no longer matches a hash recorded for the original

• 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 a filing needs redaction, ask your attorney what your court requires

Limitations of Chain-of-Custody Features: CustodyComms can show whether a record still matches the hash recorded for it at 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 whether it still matches the hash recorded at import)

Disclaimer of Liability: Subject to Section 11, and except for claims based on our own conduct, CustodyComms is not responsible 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

EXCEPT FOR EXPRESS PROMISES WE MAKE AND RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Your Statutory Rights: These provisions do not disclaim an express representation that forms part of your purchase, an applicable Apple warranty remedy, a statutory warranty or remedy that cannot lawfully be excluded, or a mandatory obligation concerning security, privacy, consumer protection, or reasonable care. Some laws, including the consumer laws of Massachusetts and of other places where you may live, do not allow certain warranties or remedies to be excluded for consumers. Where such a law applies to you, the exclusions in this Section apply only to the extent it permits. Where Massachusetts General Laws chapter 106, section 2-316A applies, the implied warranties of merchantability and fitness for a particular purpose are not disclaimed, and nothing in these Terms limits your remedies for breach of them. No other section of these Terms expands a disclaimer beyond what the law permits.

What We Do Not Guarantee: We do not guarantee uninterrupted availability, perfect error detection, the accuracy of AI output, compatibility with every device or export format, or any particular result. Local AI may use substantial device resources; use equipment that meets the disclosed requirements and stop a task if your device reports a safety problem.

No Warranty on Evidence Acceptance: We do not warrant that a court or any other party will accept documents generated by CustodyComms; whether a record is admitted is decided by the court under its own rules. We do not warrant that use of CustodyComms will prevent tampering with data in all circumstances; it is designed to help detect changes, as Section 9 describes.

No Other Promises: No advice or information you obtain from us or through the Service, including from support, creates a warranty that is not expressly stated in these Terms or in the description of the plan you purchased.

Third-Party Services and Beta Features: We make no warranty on behalf of third-party services the Service relies on. A feature we label “Beta” or “Experimental” is in testing and may change or be withdrawn.

11. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE SERVICE, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE, SUBJECT TO THE EXCEPTIONS BELOW. THIS DOES NOT RECLASSIFY DIRECT DAMAGES AS INDIRECT MERELY BECAUSE THEY CONCERN DATA, CONFIDENTIALITY, OR ACCESS.

SUBJECT TO THE EXCEPTIONS BELOW, CUSTODYCOMMS’ TOTAL AGGREGATE LIABILITY TO YOU FOR CLAIMS GOVERNED BY THIS SECTION WILL NOT EXCEED THE GREATER OF US$500 OR THE AMOUNT YOU PAID FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE FIRST EVENT GIVING RISE TO THOSE CLAIMS. The limit applies collectively, not separately for each claim, theory, event, or remedy, and without double recovery.

Exceptions: The exclusions and the cap do not apply to fraud, fraudulent misrepresentation, willful misconduct, gross negligence, death or personal injury, or liability and remedies that applicable law, including the consumer law of the place where you live, does not permit us to exclude or limit. They do not limit your responsibility under Section 12, your refund or payment-correction rights under Section 3, mandatory statutory damages, or other nonwaivable consumer or privacy remedies. Our security and confidentiality obligations are not erased by describing content risk as the user’s responsibility.

Other People’s Conduct and Court Outcomes: We are not responsible for the result of any legal matter, or for the independently wrongful acts of your co-parent or another person. This is not a release of claims based on our own conduct.

If a limitation in this Section is unlawful for a particular claim, the lawful rule applies to that claim. A statement elsewhere in these Terms that excludes or disclaims our liability, or says that you bear a risk, is subject to the Exceptions above.

12. Indemnification

To the extent permitted by law, you are responsible for reasonable third-party damages and defense costs finally awarded against CustodyComms, or included in a settlement you approve, to the extent directly caused by your intentional unlawful use of the Service, your knowing infringement of another person’s rights, or your knowing or willful prohibited misuse under Section 4. An innocent mistake or ordinary permitted use does not trigger this obligation. This is not an obligation to reimburse ordinary legal-process costs merely because you are involved in a custody dispute (Section 16), or to indemnify us for our own breach, negligence, unlawful processing, or misconduct.

We will promptly notify you of a claim for which we seek recovery and provide reasonable cooperation. Failure to notify reduces any obligation to the extent it prejudices you. You may participate with counsel of your choice. Neither party may settle in a way that admits wrongdoing by the other or imposes a nonmonetary obligation on the other without that party’s consent, which may not be unreasonably withheld. We do not impose a separate duty to fund a defense in advance merely because a third party makes an allegation. Statutory consumer protections and the safeguards for nonwaivable rights in Section 11 apply.

If you use CustodyComms on behalf of an organization, you represent that you have authority to bind it to these Terms.

13. Termination and Suspension

By You (Termination): You are free to stop using CustodyComms at any time. You may delete your account from your account page on our website or 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 delete the app’s local data; uninstalling the desktop app does not remove it. We are not able to wipe your device for you. Also, some data (like account email, etc.) might remain in backups or logs, 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 may suspend or terminate your access to CustodyComms (or certain features of it) in the circumstances below. We use measures proportionate to the problem. Except where immediate action is reasonably necessary for security, safety, legal compliance, or serious misuse, we give you notice, an explanation, and a reasonable opportunity to resolve a violation that can be cured. You may ask support to review a decision.

• Violation of Terms: If you materially violate these Terms or abuse the Service, we may suspend or terminate your account. For serious violations (e.g., attempts to hack the system, using the Service for unlawful activities), termination may be without prior warning.

• 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 (exports on the Free Tier and Evidence Edition Lite are limited as described in Section 3). If we discontinue the Service, or end your paid plan for our own convenience, before the end of a period you have paid for, we refund the unused part of that period. Other remedies the law requires remain available.

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 sign in. The desktop application needs a signed-in account to open, view or export a matter. A computer that is already signed in is signed out the next time the application checks your sign-in; after that you cannot use the application to reach your case data. The data, and any exports you already saved, stay on your computer, where they were saved, until you delete them. You may retain and lawfully use your content, original files, and exports already created.

• Export Prior to Termination: If possible, before termination (especially if you initiate it), export any records you need via PDF export (on the Free Tier and Evidence Edition Lite an evidence export PDF is a marked preview that ends at page 99 (Section 3)). 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 discontinue the Service or end your paid plan for our own convenience, the refund described under “Service Discontinuation” above applies.

• 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 the license you grant us in feedback (Section 5). 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. Personal account information will be deleted, de-identified, aggregated, or retained only as described in the Privacy Policy, including where retention is required or permitted for tax, accounting, security, fraud-prevention, legal-process, dispute-resolution, or evidence-integrity purposes. We do not have on our servers the message content you keep only in the installed application, so there is none of it for us to delete from our systems on termination; what we do hold is handled as the Privacy Policy describes.

No Liability for Termination: Subject to Section 11, CustodyComms will not be liable to you or any third party for a termination of your account or access that this Section allows, or for the deletion of content in case of termination (again, the content you keep only in the installed application 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.

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, except one the law of the place where you live requires (Sections 3 and 14).

14. Governing Law and Dispute Resolution

Governing Law: Massachusetts law governs these Terms, subject to the Federal Arbitration Act for arbitration and to any mandatory protections that the law of the place where you live affords you. This choice does not deprive you of nonwaivable consumer rights. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Where This Section Applies: The Service is offered only to consumers located in the United States and its territories, Canada (except Quebec), Australia and New Zealand. The arbitration agreement, the class waiver and the Massachusetts court venue in this Section apply only if you live in the United States or its territories. If you live in Canada, Australia or New Zealand they do not apply to you and are not part of your agreement with us, and “If You Live in Canada, Australia or New Zealand” below applies instead. The paragraphs from “Agreement to Individual Arbitration” to “Court Venue When Arbitration Does Not Apply” describe that arbitration agreement, class waiver and venue, and are written for users who live in the United States or its territories.

Informal Resolution: Before starting an arbitration, either party may notify the other of the dispute and the relief requested and allow 30 days for good-faith resolution. Notices to us may be emailed to legal@custodycomms.com or mailed to the address in Section 15. This process is not a barrier to small claims, urgent relief, a complaint to a regulator, or a filing needed to preserve a deadline. Any limitation period is tolled to the extent permitted by law while both parties take part in it.

Agreement to Individual Arbitration: Except as stated below and unless you opt out, you and CustodyComms agree to resolve disputes arising from these Terms, the EULA, or the Service through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and the applicable Consumer Due Process Protocol. The AAA’s own procedures for coordinated demands apply; these Terms add no separate batching or delay requirement. The rules and filing information are available from the AAA, and we will provide a copy on request.

Small Claims and Urgent Relief: Either party may bring a qualifying individual claim in a small-claims court with jurisdiction, including a qualifying court where you live. Either party may seek temporary or preliminary relief from an appropriate court when needed to preserve rights pending resolution.

Claims That Cannot Be Arbitrated: Claims or remedies that cannot lawfully be subject to predispute arbitration are excluded to that extent. Nothing waives the ability to seek nonwaivable public injunctive relief; where such relief cannot lawfully be obtained in arbitration, it may be sought in a court with jurisdiction. You may report issues to government agencies and take part in their proceedings.

Procedure, Costs and Authority: The hearing format and location follow the Consumer Arbitration Rules and must not impose an unreasonable burden on you. The arbitrator may award remedies available under applicable law and must give a written decision stating the essential findings and conclusions. Your required filing payment will not exceed the lesser of the amount the AAA’s Consumer Arbitration Rules permit or the filing fee for an appropriate court action, subject to any further waiver the law requires. CustodyComms pays the remaining administrative fees and arbitrator compensation as those Rules and the law require. Each party pays its own lawyers unless applicable law or the award provides otherwise. Despite anything in the AAA’s rules, a court decides whether an agreement was formed, whether a valid opt-out applies, whether you live where this arbitration agreement applies, and disputes about the enforceability of this arbitration agreement or the class waiver. The arbitrator decides the merits of arbitrable claims.

If the AAA Will Not Administer: If the AAA declines to administer an arbitration because CustodyComms has not paid required fees or has not met the AAA’s consumer standards, you may proceed in court as the AAA’s rules and applicable law permit. We will not require a substitute provider to defeat that right. If the AAA is otherwise unavailable, a substitute may be chosen by agreement after the dispute arises; without agreement, either party may proceed in a court with jurisdiction.

Class Waiver and Severability: To the extent lawful, claims subject to arbitration must proceed individually. Neither party agrees to class arbitration, or to consolidating different people’s claims on the merits, without both parties’ agreement after the dispute arises. This does not restrict representation by common counsel, the AAA’s administration of coordinated individual demands, or nonwaivable public relief. If the class waiver cannot be enforced for a particular claim or remedy, that claim or remedy proceeds in court, and class arbitration is not authorized. Any other part of this Section found unenforceable is severed only to the extent the law requires.

30-Day Opt-Out and Changes: You may opt out of this arbitration agreement and its class waiver by emailing legal@custodycomms.com or writing to the address in Section 15 within 30 days after you first accept this version of this Section. Give your name, your account email if you have one, and a clear statement that you opt out. No particular wording, explanation or fee is required, and opting out does not affect your access, your price or your other rights. We confirm and keep a record of the opt-out, and an earlier valid opt-out remains effective. A material change to this arbitration agreement requires your affirmative acceptance and comes with a new 30-day opt-out. A new or changed arbitration agreement does not govern a dispute already asserted, or a claim based on conduct before you accepted it, unless both parties agree after the dispute arises. An earlier arbitration agreement you accepted, if any, is assessed on its own terms for that dispute or claim, despite “Entire Agreement” in Section 15.

Court Venue When Arbitration Does Not Apply: Subject to the small-claims option and any mandatory venue rights, court proceedings between you and CustodyComms may be brought in the Massachusetts state courts in Middlesex County or the United States District Court for the District of Massachusetts, if that court has jurisdiction. You may also bring an action in a competent court where you live when applicable law permits. These Terms contain no separate waiver of a jury trial for a claim that properly proceeds in court.

If You Live in Canada, Australia or New Zealand: You may bring a claim in the courts or tribunals of the place where you live, and after a dispute has arisen you and we may agree in writing to arbitrate it. Nothing in these Terms or the EULA excludes, restricts or modifies a consumer guarantee, statutory warranty, remedy or liability that the law of the place where you live does not allow to be excluded, restricted or modified, and those rights prevail over anything in the refund, warranty, liability, third-party-claims and termination provisions that conflicts with them. If you live in Australia you keep your rights under the Australian Consumer Law. If you live in New Zealand you keep your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. If you live in Canada you keep the protections of the consumer law of your province or territory.

International Use: The Service is offered only to consumers located in the United States and its territories, Canada (except Quebec), Australia and New Zealand, and is not offered or directed to consumers anywhere else, including the European Economic Area, the United Kingdom and Switzerland. If you are in a country embargoed by the U.S. or on certain lists (see Export Control in the EULA), you should not use the service.

Survival: This Section survives termination of your account and of these Terms to the extent it validly applies.

15. Miscellaneous Provisions

Entire Agreement: These Terms, together with the EULA and 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. This does not disclaim fraud, an express representation that forms part of your purchase (Section 10), or a right the law does not allow to be excluded.

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.

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 as a third-party beneficiary 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.

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 the Service evolves or as laws, business practices, or product features change. If we make material changes, we will provide notice in an appropriate manner, such as by email, website notice, in-app notice, or a blocking re-acceptance modal. For material changes affecting dispute resolution, arbitration, class waivers, privacy practices, payment terms, or core user obligations, CustodyComms requires affirmative re-acceptance before you continue using the Service. If you do not agree to updated Terms, you must stop using the Service and may cancel your subscription or request account deletion as described in these Terms and the Privacy Policy. Sections 11 and 12 of this version apply to conduct after you accept it; they do not release a claim that had already accrued or create a new responsibility for earlier conduct.

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, Inc.

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), you may write to the above address or email legal@custodycomms.com, as Section 14 says. For routine communications (questions about the Service, etc.), email is fine.

User Data After Death: If CustodyComms receives credible proof that a user has died, CustodyComms may restrict access to the account and may provide account-related information to the user’s legally authorized representative upon proper request, consistent with applicable law, our Privacy Policy, and our internal verification procedures. Account access is not automatically transferred after death.

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.

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).

16. Response to Legal Process

Self-Service Records: CustodyComms is a local-first application. The content you keep only in the installed application resides on your device. While you can sign in, you may export your own records through the application's export functionality; on the Free Tier and Evidence Edition Lite an evidence export PDF is a marked preview that ends at page 99 (Section 3). Parties seeking case records should obtain them directly from the account holder.

Cost Recovery: 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. We do not charge a user's saved payment method for legal process, and we do not condition compliance with a binding order on a private prepayment agreement. Any fee schedule we publish does not override a binding production or testimony duty.

Response Procedures: Upon receipt of legal process, CustodyComms may, in its sole discretion, object, move to quash, seek to narrow, require proof of proper service, and respond only to the extent required by applicable law. Being technically able to open a record does not by itself mean CustodyComms may disclose it; where a law restricts disclosure of stored content, CustodyComms discloses it only on a legal basis that law accepts. A private civil subpoena does not, by itself, authorize disclosure of communications content protected by the Stored Communications Act. CustodyComms can produce only information within its possession, custody, or control, subject to applicable law, available objections and technical capabilities. Due to CustodyComms' local-first architecture, the Company does not maintain copies of the communications or case data users keep only in the installed application. Any production will be limited to what the Company actually holds, which includes account metadata, support correspondence, including earlier Help Chat excerpts, as the Privacy Policy describes, subscription records, sharing relationship data, security and usage records, any encrypted share package stored for a user, and anything a user uploaded to the CustodyComms website that the Company still holds. The Company does not hold a key that opens a case shared from version 2.0 or later (an emailed invitation key is described in Section 8.1 of the Privacy Policy); for a case shared from an earlier version it holds key material capable of unwrapping it, so such a case is not beyond the reach of legal process directed at the Company. The same applies to a report a user sends to their phone from the CustodyComms website, which the Company can open for as long as it exists.

Testimony and Additional Work: Lawful process may require testimony, a certification, or existing technical information, and CustodyComms complies with binding obligations. Voluntary expert services, or work beyond what the law requires, may require a separate written scope and fee agreement.

No Automatic Indemnity for Legal Process: The fact that your account or content is the subject of legal process served on CustodyComms does not by itself create an indemnity obligation. Section 12 governs responsibility for third-party claims.

Preservation: CustodyComms has no duty to preserve data it does not possess. You are the sole custodian of locally-stored communications and are responsible for preserving your local content, exports, and source files in response to any legal hold, litigation, or legal process. Nothing in these Terms limits a preservation duty that applicable law or binding legal process places on CustodyComms. Preservation does not itself authorize disclosure. Some records are deleted automatically within 24 hours, or when a user deletes them, so a request does not guarantee that the information still existed when CustodyComms received it.

User Notice: Unless prohibited by law or court order, CustodyComms will make reasonable efforts to notify the affected account holder(s) of legal process received regarding their account. CustodyComms will not give that notice where it determines, in its sole discretion, that notice would be likely to result in destruction of evidence, witness tampering, harm to the safety of any person, or violation of applicable law.

By accepting these Terms as Section 1 describes, you acknowledge that you have read, understood, and agree to be bound by them. If you have questions about these Terms, please contact CustodyComms before using the Service.