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Terms and Conditions

Last Updated: October 31, 2025

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1. Acceptance of Terms

Welcome to CustodyComms, LLC ("CustodyComms," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the CustodyComms website, software, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Service.

2. Description of Service

CustodyComms provides an enterprise-level custody communication analysis platform designed to help legal professionals, family courts, and custody evaluators analyze communication patterns and detect potential incidents in custody-related matters. Our Service includes incident detection, pattern analysis, and communication assessment tools.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use our Service. By using our Service, you represent and warrant that you meet these requirements.

3.2 Account Registration

To access certain features of our Service, you may be required to register for an account. You agree to:

  • Provide accurate, current, and complete information during registration

  • Maintain and promptly update your account information

  • Maintain the security of your account credentials

  • Notify us immediately of any unauthorized use of your account

  • Accept responsibility for all activities that occur under your account

3.3 Professional Use

Our Service is intended for use by legal professionals, custody evaluators, family court personnel, and other qualified professionals working in family law matters. You represent that you are using the Service in a professional capacity or under the guidance of a qualified professional.

4. Acceptable Use

4.1 Permitted Use

You may use our Service only for lawful purposes and in accordance with these Terms. You agree to use the Service in connection with legitimate custody proceedings, legal matters, or professional evaluations.

4.2 Prohibited Conduct

You agree NOT to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws or regulations

  • Upload, transmit, or analyze communications obtained through illegal means

  • Violate the privacy rights or other rights of any third party

  • Interfere with or disrupt the integrity or performance of the Service

  • Attempt to gain unauthorized access to the Service or related systems

  • Use the Service to harass, abuse, or harm another person

  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity

  • Reverse engineer, decompile, or disassemble any portion of the Service

  • Remove, alter, or obscure any proprietary notices on the Service

  • Use the Service for purposes of competitive analysis, creating competing products, or any other purpose that competes with CustodyComms

5. User Content and Data

5.1 Content You Provide

You may upload, submit, or transmit communications and related data ("User Content") through the Service. You retain all ownership rights to your User Content.

5.2 License Grant

By uploading User Content, you grant CustodyComms a limited, non-exclusive, royalty-free license to use, store, process, and analyze your User Content solely for the purpose of providing the Service to you.

5.3 Your Responsibilities

You represent and warrant that:

  • You have all necessary rights, consents, and permissions to upload and use the User Content through our Service

  • Your User Content does not violate any applicable laws, regulations, or third-party rights

  • You have obtained all necessary consents for analyzing communications of third parties

5.4 Legal Compliance

You are solely responsible for ensuring that your use of the Service, including the upload and analysis of communications, complies with all applicable laws, court orders, and professional ethical obligations. This includes, without limitation, compliance with wiretapping laws, privacy laws, and rules of professional conduct.

6. Intellectual Property Rights

6.1 CustodyComms Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement) are owned by CustodyComms, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Trademarks

The CustodyComms name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CustodyComms or its affiliates or licensors. You must not use such marks without our prior written permission.

6.3 Limited License

Subject to your compliance with these Terms, CustodyComms grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your professional purposes.

7. Professional Disclaimer

7.1 Not Legal Advice

THE SERVICE IS A TOOL FOR COMMUNICATION ANALYSIS AND DOES NOT PROVIDE LEGAL ADVICE. The reports, analyses, and information provided by the Service are for informational purposes only and should not be construed as legal advice or as a substitute for legal counsel.

7.2 Professional Judgment Required

You acknowledge that the Service provides analytical tools and that professional judgment, expertise, and additional evidence are required for any legal proceedings or custody determinations. The Service's analysis should be used in conjunction with, not as a replacement for, professional legal and psychological expertise.

7.3 No Guarantee of Outcomes

CustodyComms makes no representations or warranties regarding the outcome of any legal proceeding, custody determination, or other matter in which the Service is used.

8. Fees and Payment

8.1 Fees

Access to certain features of the Service may require payment of fees. All fees are stated in U.S. dollars and are non-refundable except as required by law or as expressly stated in these Terms.

8.2 Subscription Terms

If you purchase a subscription, you agree to pay all fees associated with your subscription plan. Subscriptions automatically renew unless cancelled before the renewal date.

8.3 Payment Information

You agree to provide current, complete, and accurate billing information. You authorize us to charge your designated payment method for all fees owed.

8.4 Fee Changes

We reserve the right to change our fees at any time. We will provide you with reasonable notice of any fee changes, and such changes will not affect your current subscription period.

9. Privacy and Data Security

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

10. Data Retention and Deletion

10.1 Retention

We will retain your User Content for as long as your account is active or as needed to provide you the Service, unless you request deletion.

10.2 Deletion Requests

You may request deletion of your User Content at any time by contacting us. We will make commercially reasonable efforts to delete your data within 30 days of your request, except where retention is required by law or for legitimate business purposes.

10.3 Backup Copies

Deleted data may persist in backup copies for a limited period but will not be available for active use.

11. Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by CustodyComms. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that CustodyComms shall not be responsible or liable for any damage or loss caused by your use of any third-party content or services.

12. Disclaimers and Limitation of Liability

12.1 "AS IS" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

CUSTODYCOMMS DOES NOT WARRANT THAT:

  • The Service will function uninterrupted, secure, or error-free

  • Defects will be corrected

  • The Service is free of viruses or other harmful components

  • The results obtained from using the Service will be accurate or reliable

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CUSTODYCOMMS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO CUSTODYCOMMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability. In such jurisdictions, the above limitations and exclusions may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless CustodyComms, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms

  • Your use of the Service

  • Your User Content

  • Your violation of any law or the rights of a third party

14. Term and Termination

14.1 Term

These Terms commence when you accept them (by accessing or using the Service) and remain in full force and effect while you use the Service.

14.2 Termination by You

You may terminate your account at any time by contacting us and discontinuing use of the Service.

14.3 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. Grounds for termination may include, but are not limited to:

  • Violation of these Terms

  • Suspected fraudulent, abusive, or illegal activity

  • Extended periods of inactivity

  • Request by law enforcement or government agency

14.4 Effect of Termination

Upon termination:

  • Your right to use the Service will immediately cease

  • We may delete your account and User Content

  • Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15.2 Informal Dispute Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@custodycomms.com. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or CustodyComms may bring a formal proceeding.

15.3 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

15.4 Class Action Waiver

YOU AND CUSTODYCOMMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.5 Exceptions to Arbitration

Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or intellectual property infringement without first engaging in arbitration.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CustodyComms regarding the Service and supersede all prior agreements and understandings.

16.2 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

16.3 Waiver and Severability

No waiver by CustodyComms of any term or condition shall be deemed a further or continuing waiver of such term or any other term. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the other provisions shall remain in full force and effect.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

CustodyComms shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, strikes, labor disputes, embargoes, government orders, or natural disasters.

16.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

16.7 Notice

We may provide notices to you via email, regular mail, or postings on the Service. You consent to receive electronic communications from us.

17. Contact Information

If you have any questions about these Terms, please contact us at:

CustodyComms, LLC
131 Continental Drive, Suite 305
Newark, Delaware 19713
Email: legal@custodycomms.com
Website: www.custodycomms.com

18. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

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