Terms of Service

1. Acceptance

1.1 Acceptance. You accept these Terms by clicking "I agree", signing an Order Form that refers to them, or using the Services. If you accept for an organization, you confirm you have authority to bind it, and "you" means that organization. If you do not agree, do not use the Services.

1.2 Business use only. The Services are for business, professional and government use only, and you must be at least 18. You confirm you are not acting as a consumer.

1.3 Order of precedence. If documents conflict, this order applies: (a) a written agreement signed by an authorized officer of Expert Evidence that expressly overrides these Terms; (b) these Terms; and (c) the Order Form. Your purchase orders, vendor-portal terms or similar documents do not change these Terms, even if we accept or sign them.

1.4 No reliance. You have not relied on any statement, sales material, demo or promise that is not written in these Terms, including any statement about admissibility or results in court.

2. Definitions

"Services" means the Expert Evidence web platform, remote capture browser, browser extension, APIs, certification features, storage and support, plus any On-Demand Services, Testimony Services and Professional Services.

"Capture" means a recording of web or social media content made through the Services, including screenshots, video, source code, network data and attachments.

"Capture Metadata" means data the Services generate about a Capture, such as hash values, timestamps, URLs, IP and DNS data, browser details, the capturing user's identity and audit logs.

"Customer Content" means Captures, Capture Metadata for your Captures, files you upload, matter names, notes and any other data you or your Users submit to or create with the Services.

"Certificate" means a system-generated report, declaration template or certification of a Capture's Capture Metadata, including materials designed for use under Federal Rules of Evidence 902(13) or 902(14) or similar rules.

"On-Demand Services" means captures or other work performed by Expert Evidence personnel at your request.

"Testimony Services" means declarations, affidavits, depositions, hearing or trial testimony, or responses to legal process given by Expert Evidence personnel.

"Professional Services" means consulting, expert witness and other advisory services provided by Expert Evidence personnel.

"Users" means individuals who access the Services under your account.

"Documentation" means our then-current user guides.

"Order Form" means an online checkout or an ordering document that lists the Services, plan, fees and term.

3. The Services

3.1 Access. While your subscription is active and paid, we grant you a limited, revocable, non-exclusive, non-transferable right for your Users to use the Services for your internal business purposes.

3.2 Using Captures. You may produce, file and share Captures and Certificates in connection with your matters. You may not resell, sublicense or provide the Services to third parties.

3.3 Changes. We may change, suspend or discontinue any feature or part of the Services at any time. If we discontinue the whole Service during a prepaid term, we will refund the prepaid fees for the unused period.

3.4 Third-party platforms. Websites and social media platforms change without notice and may block or limit capture. We are not responsible for third-party sites, platforms, content or terms, or for captures they prevent or degrade.

3.5 Not legal advice. Expert Evidence is a technology provider. We do not give legal advice, and using the software does not create an attorney-client, fiduciary or expert-witness relationship. Consulting and expert witness work is provided only as Professional Services under Section 6.8. You alone decide what to capture, how to use it and whether to rely on it.

3.6 Beta features. Features marked beta, preview or trial are provided as is, without warranty or support, and may be withdrawn at any time.

4. Your responsibilities

4.1 Compliance. You are solely responsible for: (a) every Capture you request or make, and all Customer Content; (b) having a lawful purpose and any authority, consent, notice, legal basis, warrant or court permission the law requires; and (c) complying with all laws, court rules, professional conduct rules and third-party terms that apply to you, your Users and your use of Captures. This includes privacy and data protection, biometric, surveillance, computer-misuse, intellectual property, evidence, discovery and record-retention laws.

4.2 Captured personal data. You are the sole controller (or "business") of personal data in Customer Content. You are responsible for privacy notices, legal bases, impact assessments, responding to requests from individuals, and any notices to regulators or individuals. We act only on your instructions, and you confirm they are lawful.

4.3 Your platform accounts. If you capture while logged into a third-party account, you are responsible for your right to use that account and for complying with that platform's terms. You will not ask us to access an account you are not entitled to use.

4.4 Ethics rules. You are responsible for professional rules on contacting represented persons, pretexting, and following or "friending" parties, jurors or witnesses.

4.5 Prohibited data. You will not submit Criminal Justice Information (as defined in the FBI CJIS Security Policy), protected health information under HIPAA, payment card data, or export-controlled data unless we have signed an addendum covering it. If you do, it is at your own risk.

4.6 Your accounts and security. You are responsible for your Users, their credentials, devices and networks, and all activity under your account. Each User must have their own login.

4.7 Your own copies. You are responsible for exporting and keeping copies of all Captures and Certificates you need, including for legal holds, retention duties and appeals.

4.8 Cooperation. You will give us information and help we reasonably request to provide the Services, investigate misuse, or respond to claims about your Customer Content.

5. Acceptable use

You and your Users must not use the Services to:

1. stalk, harass, intimidate, dox or unlawfully surveil any person;
2. access content or accounts without authorization, or bypass paywalls, privacy settings or access controls;
3. capture or store child sexual abuse material, except as required by law and promptly reported to the authorities and to us;
4. infringe intellectual property, privacy or publicity rights;
5. upload malware, interfere with the Services, or test their vulnerability without our permission;
6. alter, fabricate or misrepresent Captures, Capture Metadata or Certificates;
7. run face recognition or other biometric analysis on Captures;
8. reverse engineer or copy the Services, or build a competing product;
9. breach export control or sanctions laws.

We may investigate suspected violations, remove or disable Customer Content, and suspend or terminate any User or account. We may report suspected unlawful activity to the authorities.

6. Evidence features, Certificates and testimony

6.1 Integrity features. The Services are designed to compute a hash, record a timestamp and log activity for each Capture, as described in the Documentation. These are design features, not guarantees, and they may depend on third parties such as timestamp authorities and cloud providers.

6.2 What a Certificate is. A Certificate states only what our systems recorded. It does not confirm that the captured content is true, complete, authentic or lawful, who created it, or that anyone else saw the same thing. You are responsible for reviewing each Capture and Certificate before relying on it.

6.3 No admissibility guarantee. We do not promise that any Capture or Certificate will be admitted, authenticated, accepted or given weight by any court, tribunal, regulator or arbitrator, or that it will meet any rule of evidence or procedure. We are not liable for any exclusion of evidence, sanction, adverse ruling or other outcome of a proceeding. You and your counsel are responsible for the evidence and procedural rules of each forum, including notice requirements under Federal Rule of Evidence 902(11) to (14).

6.4 Limits of capture. Content can differ by location, device, account, time and personalization, and some content cannot be captured fully or accurately. We do not guarantee that any Capture is complete or accurate.

6.5 On-Demand Services. We provide On-Demand Services with commercially reasonable efforts, following your instructions. You are responsible for choosing what to capture, for having the right to have it captured, and for any login details you share with us.

6.6 Testimony Services. We have no obligation to give any declaration, affidavit, deposition or testimony unless we agree in a separate signed engagement or the law requires it. All Testimony Services relating to your Customer Content, including those required by a subpoena from you, an opposing party or anyone else, are charged to you at our then-current rates, which we will give you in advance, including preparation, travel, waiting time and legal fees. Our personnel will give truthful testimony and will not act as your advocate. Expert testimony is available only as Professional Services under Section 6.8.

6.7 Wording. We may decline any requested wording, caption or notarization.

6.8 Professional Services. We may provide consulting, expert witness and other Professional Services under an engagement letter or statement of work signed by both parties, setting out the scope and fees. These Terms apply to Professional Services unless the engagement says otherwise. Our opinions are our independent professional views and are not legal advice. Our fees never depend on the outcome of any matter. We may decline or withdraw from an engagement where a conflict of interest, our independence or our duties to a court or tribunal require it.

7. Customer Content and data

7.1 Ownership and license. You own your Customer Content. You grant Expert Evidence and its sub-processors a limited, worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display and back up Customer Content only as needed to provide the Services to you, keep them secure, investigate suspected breaches of Section 5, and comply with law or legal process.

7.2 Limited use. We process Customer Content only for the purposes in Section 7.1 and on your instructions given through your use of the Services.

7.3 Usage Data. We own technical and operational data about how the Services are used, such as logins, feature use, performance metrics and error logs ("Usage Data"). Usage Data does not include Captures or any other Customer Content. We may use Usage Data to operate, secure, support and improve the Services.

7.4 Data protection. Where we process personal data in Customer Content for you, we do so as your processor (or service provider), and Section 19 applies.

7.5 Location and transfers. We may host and process Customer Content in the United States and any other country where we or our sub-processors operate. You are responsible for making sure your transfers of data to us are lawful.

7.6 No editing. We will not edit Captures or Capture Metadata at anyone's request. You may delete them.

7.7 Feedback. We may use any feedback you give us freely.

8. Confidentiality

8.1 Our information. Our pricing, Documentation, security reports and non-public product information are our confidential information. You will use it only to use the Services and protect it with reasonable care.

8.2 Your information. We will protect Customer Content with reasonable care and use it only as these Terms allow. This does not apply to information that is public, already known to us, independently developed, or received from a third party, and it does not limit disclosures under Section 10.

8.3 Privilege. Sharing Customer Content with us is not intended to waive privilege. Protecting privilege and work product is your responsibility.

9. Security

9.1 Safeguards. We use commercially reasonable safeguards designed to protect Customer Content, which we may update from time to time. No system is completely secure, and we do not guarantee that Customer Content will be free from unauthorized access, loss or corruption.

9.2 Descriptions of security. Descriptions of our security, audits or certifications on our website or in questionnaires are for information only and are not contractual promises unless included in a signed agreement.

9.3 Security incidents. If we confirm unauthorized access to Customer Content in our systems, we will notify you without undue delay and give you the information we reasonably can to help you meet your own notice duties. You remain responsible for any notices the law requires of you. Our notice is not an admission of fault.

10. Legal process

10.1 Disclosure. We may disclose Customer Content and account information if we believe in good faith that the law or legal process (such as a subpoena, court order or warrant) requires it, or that it is needed to protect anyone's safety, our rights or the Services.

10.2 Notice. Where the law allows and it is practical, we will try to tell you before disclosing Customer Content. Seeking a protective order is your responsibility.

10.3 Costs. You will reimburse our costs of responding to legal process, investigations or discovery relating to you, your Users or your Customer Content, including staff time and legal fees, at our then-current rates, whoever issues the request.

11. Fees and payment

11.1 Fees. You will pay all fees in your Order Form, plus any usage-based, On-Demand, Testimony and other fees as they arise. Fees are due in advance. Invoices are due within 30 days. Fees are in US dollars and payable without set-off or deduction.

11.2 Payment authorization. You authorize us to charge your payment method for all fees, renewals and taxes when due.

11.3 Late payment. Overdue amounts accrue interest at 1.5% per month, or the highest rate the law allows if lower. You will pay reasonable costs of collection, including legal fees. We may suspend the Services until you pay in full.

11.4 Taxes. Fees exclude taxes. You will pay all applicable taxes except taxes on our income.

11.5 Price changes. We may change fees from your next billing period or renewal by giving at least 30 days' notice.

11.6 No refunds. Fees are non-cancellable and non-refundable, except as stated in Section 3.3 or Section 12.2, or where the law requires a refund.

11.7 Billing disputes. You must dispute any charge in writing within 30 days of the invoice or charge, or the dispute is waived.

12. Term, suspension and termination

12.1 Automatic renewal. Subscriptions renew automatically for the same period at our then-current prices unless you cancel in your account settings, or by written notice at least 30 days before the renewal date (for monthly plans, before the next billing date).

12.2 Our right to suspend or end. We may suspend or terminate your account, any User or any part of the Services, with or without notice, if: (a) you breach these Terms; (b) payment is late; (c) we suspect fraud, misuse, unlawful activity or a security risk; or (d) the law, a regulator or a third-party platform requires it. We may also end these Terms for any reason with 30 days' notice, and if we do, we will refund prepaid fees for the unused period.

12.3 Your right to end. You may cancel at any time. Cancellation takes effect at the end of the current paid period, and you remain responsible for fees for the full term.

12.4 Data after termination. You must export everything you need before your subscription ends. For 14 days afterwards, we may let you sign in to export your data. After that, we may permanently delete all Customer Content. Longer access is available through a paid hibernation plan, if offered. We can provide a deletion certificate on request, for a fee.

12.5 Legal holds. We have no duty to preserve Customer Content for any legal hold, retention rule or investigation unless you buy a hibernation or hold plan before deletion. We are not liable for any loss or sanction caused by deletion under these Terms.

12.6 Survival. Sections 1.4, 4, 6.2, 6.3, 6.6, 6.8, 7.3, 7.6, 8, 10, 11, 12.4 to 12.6 and 13 to 19, and any unpaid fees, survive termination.

13. Disclaimers

13.1 No warranties. To the fullest extent the law allows, the Services, Captures, Capture Metadata, Certificates, On-Demand Services, Testimony Services and Documentation are provided "as is" and "as available". Expert Evidence disclaims all warranties, whether express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness or availability.

13.2 In particular. We do not warrant that the Services will be uninterrupted, secure or error-free, that any Capture will succeed or be complete and accurate, that Customer Content will not be lost, or that any Capture or Certificate will be admitted or relied on in any proceeding.

13.3 Your remedy. If you are not satisfied with the Services, your sole remedy is to stop using them and cancel under Section 12.3.

14. Your indemnity

14.1 Indemnity. You will defend, indemnify and hold harmless Expert Evidence and its affiliates, officers, directors, employees, contractors, agents and sub-processors against all third-party claims, investigations and proceedings, and resulting losses, damages, fines, penalties, settlements and costs (including reasonable legal and expert fees), arising from: (a) Customer Content; (b) any Capture, including claims by captured persons, platform operators, regulators or opposing parties; (c) your or your Users' use of the Services, Captures or Certificates, including in any proceeding; (d) your or your Users' breach of these Terms or of any law, professional rule or third-party right; or (e) any Testimony Services or legal process relating to your matters. This does not apply to the extent a claim is caused by our breach of these Terms, gross negligence or willful misconduct.

14.2 Control. We may choose our own counsel at your expense, or let you control the defense. You may not settle a claim in a way that imposes an obligation or admission on us without our written consent.

14.3 Release. To the extent the law allows, you release Expert Evidence from claims relating to third-party content, third-party platforms, other users' conduct, and any use of Captures by you or others.

14.4 No indemnity from us. We do not give an indemnity under these Terms.

15. Limitation of liability

15.1 Excluded damages. To the fullest extent the law allows, Expert Evidence will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or evidence, cost of substitute services, legal fees, sanctions, loss of any claim or defense, or outcome of any proceeding, however caused and under any theory of liability, including negligence, even if we were told such damages were possible.

15.2 Cap. To the fullest extent the law allows, Expert Evidence's total liability arising out of or relating to these Terms or the Services will not exceed the fees you paid us in the 6 months before the first event giving rise to liability, or $100 for free or trial accounts.

15.3 Time limit. Any claim against Expert Evidence must be filed within one year after it arises, or it is permanently barred.

15.4 Basis of the bargain. These limits are an essential part of the bargain between us, are reflected in our fees, and apply even if a remedy fails of its essential purpose.

15.5 Your liability. Nothing in this Section 15 limits your liability, your indemnity or your payment obligations.

15.6 What cannot be excluded. Nothing in these Terms excludes or limits liability that the law does not allow to be excluded or limited, such as liability for fraud or willful misconduct.

16. Government and regulated customers

16.1 Public bodies. If you are a government agency, any term your governing law does not allow (such as indemnity, arbitration or out-of-state venue) applies only to the extent that law permits, and the rest of these Terms still applies. The Services are "commercial products" and "commercial computer software" under FAR 2.101 and DFARS 227.7202, and US government rights are limited to those in these Terms.

16.2 Regulated data. We are bound by a CJIS Security Addendum, law-enforcement data schedule, insurance or financial-services vendor addendum, business associate agreement or similar terms only if an authorized officer of Expert Evidence signs it. Otherwise, you are responsible for any regulatory requirements that apply to your data.

17. Disputes

17.1 Governing law. These Terms and any dispute relating to them or the Services are governed by the laws of the State of Illinois, without regard to conflict-of-laws rules, wherever you are located. The UN Convention on Contracts for the International Sale of Goods does not apply.

17.2 Notice first. Before starting arbitration, a party must send the other written notice of the dispute and allow 60 days to resolve it informally. Notices to us go to [email protected].

17.3 Arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by final, binding and confidential arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, if you are located outside the United States, its International Arbitration Rules), before one arbitrator, seated in Chicago, Illinois, in English. The arbitrator decides questions about the scope and validity of this section. The arbitrator may award only individual relief and must apply Section 15. Judgment on the award may be entered in any court with jurisdiction.

17.4 Exceptions. Either party may seek urgent relief in the state or federal courts in Cook County, Illinois, to protect its intellectual property or confidential information, or the security of the Services. We may also sue there to collect unpaid fees. Each party consents to those courts for these actions and for enforcing any award.

17.5 Jury waiver. Each party waives any right to a jury trial.

17.6 Class waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding.

17.7 Fees. The winning party may recover its reasonable legal fees and costs. Each party pays its own share of arbitration fees unless the rules or the arbitrator decide otherwise.

17.8 Confidentiality. The existence, content and result of any arbitration are confidential, except as needed to enforce an award or as the law requires.

18. General

18.1 Changes to these Terms. We may change these Terms by posting the new version or notifying you. Changes take effect 15 days after posting or notice, or immediately if required by law or for security. Continued use after that date means you accept the changes. A change to Section 17 will not apply to a dispute already notified under Section 17.2.

18.2 Assignment. You may not assign these Terms without our written consent. We may assign them, including to an affiliate or a successor.

18.3 Subcontractors. We may use subcontractors and sub-processors.

18.4 Force majeure. Neither party is liable for any failure or delay (other than a payment obligation) caused by events beyond its reasonable control, such as outages or changes of third-party platforms or providers, internet failures, cyberattacks, labor disputes, government action, pandemics, natural disasters or war.

18.5 Publicity. We may name you as a customer, including your name and logo, unless you opt out in writing at [email protected].

18.6 Export and sanctions. You will comply with all export control and sanctions laws and confirm that you are not a sanctioned person.

18.7 Notices. You agree to receive notices electronically. Notices to you are effective when sent to your account email. Notices to us must go to [email protected].

18.8 Independent parties. The parties are independent contractors. There are no third-party beneficiaries except the people protected by Section 14.

18.9 Severability. If any provision is found unenforceable, it will be changed only as much as needed to make it enforceable, as close as possible to the parties' intent, and the rest stays in effect. If Section 17.6 is found unenforceable for a claim, that claim must go to the courts in Cook County, Illinois, and not to arbitration.

18.10 Entire agreement. These Terms and the documents they refer to are the entire agreement on their subject. Not enforcing a right is not a waiver of it.

18.11 Language. These Terms are in English, and the English version controls.

19. Data processing terms

19.1 Scope. This Section 19 applies where we process personal data in Customer Content on your behalf under the EU General Data Protection Regulation, the UK GDPR, the Swiss Federal Act on Data Protection, US state privacy laws or similar laws. You are the controller (or business), and we are your processor (or service provider or contractor). If there is a conflict between this Section 19 and the rest of these Terms on the processing of personal data, this Section 19 controls. Section 15 applies to liability under this Section 19 to the extent the law allows.

19.2 Instructions. We will process personal data only on your documented instructions, which are these Terms and your use of the Services, unless the law requires otherwise. In that case we will tell you first unless the law forbids it. We will tell you if we believe an instruction breaks data protection law.

19.3 Details of processing. Subject matter and purpose: providing the Services, including capture, storage, hashing, timestamping, certification, export and support. Duration: the term of these Terms and the deletion period in Section 12.4. Data subjects: people who appear in Customer Content and your Users. Personal data: any personal data in Customer Content, as you decide, which may include special category or criminal offence data, and User identifiers and activity records.

19.4 Confidentiality of personnel. Everyone we authorize to process personal data is bound by a duty of confidentiality.

19.5 Security measures. We will implement appropriate technical and organizational measures to protect personal data, including encryption in transit and at rest, access controls, logging, backups and regular review of these measures.

19.6 Sub-processors. You authorize us to use sub-processors, such as providers of hosting, storage, timestamping, payments, email and support. We will impose data protection obligations on them that are no less protective than this Section 19, and we remain responsible for them. We will provide a list of current sub-processors on request. We will notify you by email or in the Services at least 15 days before adding a new sub-processor. You may object on reasonable data protection grounds within that period. If we cannot resolve the objection, you may end the affected Services, and we will refund prepaid fees for the unused period.

19.7 Assistance. Taking into account the nature of the processing, we will reasonably assist you, at your cost where the law allows, with requests from data subjects, security, breach notifications, data protection impact assessments and consultations with regulators.

19.8 Personal data breaches. We will notify you without undue delay after becoming aware of a personal data breach affecting Customer Content, as described in Section 9.3.

19.9 Deletion. After these Terms end, you may export personal data as described in Section 12.4. We will then delete it, unless the law requires us to keep it.

19.10 Audits. We will make available the information reasonably needed to show compliance with this Section 19. We will allow and contribute to audits by you or an independent auditor you appoint, no more than once a year, on at least 30 days' notice, during business hours, under confidentiality and at your cost. We may meet this obligation with recent third-party audit reports or certifications where available.

19.11 International transfers. Where personal data is transferred from the European Economic Area to a country without an adequacy decision, the Standard Contractual Clauses adopted by Commission Implementing Decision (EU) 2021/914 are incorporated into these Terms. Module Two applies where you are a controller, and Module Three where you are a processor. Clause 7 applies. Under Clause 9, option 2 applies with the notice period in Section 19.6. The option in Clause 11 does not apply. Clauses 17 and 18 are governed by the law and courts of Ireland. Annex I is completed by Section 19.3 and the parties' details in your account, and Annex II by Section 19.5. For transfers from the United Kingdom, the International Data Transfer Addendum issued by the UK Information Commissioner applies, completed with the same information, and neither party may end it under its Section 19. For transfers from Switzerland, the same clauses apply with references adapted to Swiss law, and the Swiss Federal Data Protection and Information Commissioner is the competent authority.

19.12 US state privacy laws. As your service provider or contractor, we will not: sell or share personal data in Customer Content; retain, use or disclose it for any purpose other than providing the Services under these Terms, or outside our direct business relationship with you; or combine it with personal data we receive from others, except as the law permits. We will comply with the obligations that apply to us and provide the level of privacy protection the law requires. We will tell you if we can no longer meet these obligations, and you may take reasonable steps to stop and fix any unauthorized use. We understand and will comply with these restrictions.

19.13 Law enforcement processing. Where you are a competent authority processing personal data for law enforcement purposes under Part 3 of the UK Data Protection Act 2018 or the EU Law Enforcement Directive, this Section 19 applies with the changes those laws require.

Contact: Expert Evidence, Inc., Illinois, USA. [email protected]