EvidentlySo Terms of Use

These Terms are an agreement between you and Family Docs, Inc., a Colorado corporation ("Family Docs," "we," "us"). They cover EvidentlySo's mobile and desktop software applications, the evidentlyso.com website, the Check a PDF page, licenses you buy, and our support (together, "EvidentlySo").

Please read section 15 (Disputes). It requires most disputes to be settled by individual arbitration, not in court, and waives class actions. You can opt out within 30 days.

The short version

This summary is not a substitute for the full Terms.

• EvidentlySo saves copies of your own messages to your own cloud storage account, not our servers. Our servers never receive or store your messages.
• You must be 18 or older and use EvidentlySo only on a device you own or are allowed to use, for messages you are lawfully allowed to keep.
• We are not lawyers and don't give legal advice. We can't promise any court, judge, evaluator or other party will accept a PDF.
• A license covers one device. A 30-Day Pass lasts 30 days. The Add-on renews monthly until you cancel.
• All sales are final, except as the Refund Policy says.
• If a claim arises, our liability is limited to the amount you paid us in the last 12 months.

1. Accepting these Terms

1.1 You accept these Terms when you tick the box or tap Agree where we show them (in the app's setup, and at checkout), or when you use EvidentlySo after we've shown them to you. If you don't agree, don't use EvidentlySo.

1.2 If you use EvidentlySo for someone else, such as a law firm using it for a client, you confirm you're allowed to accept these Terms for them, and "you" includes them.

1.3 These Terms include the Privacy Policy, the Refund Policy and, for beta features, section 13. If they conflict, these Terms control, except the Privacy Policy controls on how we handle personal information.

2. Who can use EvidentlySo

2.1 You must be at least 18 and able to form a binding contract.

2.2 You may not use EvidentlySo if you are barred from doing so under US law, or if we have ended your access before.

2.3 EvidentlySo is offered in the United States and Canada, except the province of Quebec. It isn't offered in Quebec, the European Union, the European Economic Area, the United Kingdom or Switzerland, and requests from there are turned away. [Attorney and Canadian counsel: confirm.]

3. What EvidentlySo does, and doesn't do

3.1 What it does. The EvidentlySo app reads the messages already on your device (and, when we add them, other sources you choose to connect), saves copies of the conversations you pick ("snapshots"), adds new messages each time you update them, and makes PDF transcripts from them. Each PDF gets a Transcript ID and a fingerprint (a SHA-256 hash). When a PDF is made, the app sends the fingerprint and Transcript ID to our registry, so anyone holding the PDF can check on our Check a PDF page that it hasn't changed since it was made.

3.2 Where your content lives. Your snapshots, PDFs and anything else EvidentlySo makes from your messages ("Your Content") are saved on your device and in the cloud storage account you connect (currently Dropbox), not on our servers. Our servers never receive or store Your Content. That also means we can't recover it for you if you lose it, delete it or lose access to your device or cloud account. Keep your own backups.

3.3 What a fingerprint check shows, and doesn't. A matching fingerprint shows that a PDF is byte-for-byte the same file EvidentlySo made, and when its fingerprint reached our registry. It does not show:

• that the messages are true, complete or were never edited, deleted or altered on the device before they were saved;
• who wrote a message or who was holding a phone;
• that every message in a conversation or date range was captured. Phones, carriers and messaging apps sometimes don't keep or show every message, attachment, reaction or encrypted chat. Where the app can tell that a day is only partly covered, the PDF says so, but it can't always tell.

3.4 Not a forensic exam. EvidentlySo is a self-service tool that runs on your own device. It is not a forensic examination, and we are not forensic examiners or expert witnesses.

4. No legal advice; no promise a court will accept a PDF

4.1 Family Docs is not a law firm, and nothing in EvidentlySo, on our website, in our guides or from our support team is legal advice. Using EvidentlySo doesn't create an attorney-client relationship. For advice about your case, talk to a lawyer licensed where your case is.

4.2 Whether a court, judge, magistrate, custody evaluator, mediator, opposing party or anyone else accepts, admits, relies on or gives weight to a PDF depends on the rules where you are, the facts of your case and decisions we don't control. Admissibility is decided by the court. A PDF is not a certified record, and we don't certify, authenticate or vouch for the messages in it. We don't promise that any PDF will be accepted or admitted as evidence, or that it will help your case.

4.3 You are responsible for deciding what to save, what to share, with whom, and how; for meeting any deadline, disclosure, discovery, redaction or service requirement (for example, court rules that require hiding children's names, account numbers or Social Security numbers in filings); and for following any court order (including protective orders) that applies to you.

4.4 A PDF that has been edited, re-saved, printed and scanned, or combined with other files after EvidentlySo made it will no longer match its fingerprint. Only the file EvidentlySo made can be checked.

4.5 If you're in danger, call 911. EvidentlySo is not monitored, and we don't read your messages. For a mental-health crisis, call or text 988.

5. Your responsibilities: lawful use

5.1 Your device and your messages. You may use EvidentlySo only on a device you own or are authorized to use, and only to save messages you are lawfully allowed to have and keep, such as messages you sent or received.

5.2 Never on someone else's device. You may not install or run EvidentlySo on another person's device, or use it to read, copy or monitor another person's messages, without that person's permission and a legal right to do so. Doing so may be a crime.

5.3 Laws about other people's privacy. Messages include other people's words, names, phone numbers, photos and contact pictures. Laws on recording, interception, privacy, harassment, stalking, protective orders and sharing of intimate images differ by state. You are responsible for following the laws that apply to you, and for what you do with the PDFs you make, including who you share them with.

5.4 Acceptable use. You agree not to:

• use EvidentlySo to harass, stalk, threaten, intimidate or monitor anyone;
• alter snapshots or a PDF and present them as unaltered, or otherwise use EvidentlySo to mislead a court or anyone else;
• copy, resell, sublicense or share a license, or try to get around license or device limits;
• reverse engineer, decompile or modify the apps, except where the law allows it despite this limit;
• interfere with, overload or probe our servers, registry or website, or send automated requests except through features we provide;
• use EvidentlySo in a way that breaks any law or someone else's rights.

5.5 We may suspend or end a license, without refund, if we reasonably believe you've broken this section. Where the law allows and it's safe to, we'll tell you why.

6. Your account, license key and device

6.1 Your license is tied to the email address you pay with and to one device. Keep access to that email address. Anyone with access to it can request an activation link.

6.2 You're responsible for your device's security, your cloud storage account and anyone you let use them.

7. License to use EvidentlySo

7.1 What you get. While you have a valid license and follow these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the EvidentlySo app on one device at a time, for your own use (or your client's matter, if you are a professional using it for a client).

7.2 Moving to a new device. You may move a license to a new device yourself once, as described in our support guide. Further moves need our support team. When a license moves, the old device stops making PDFs.

7.3 What we keep. EvidentlySo, its software, design, PDF format, website, guides and trademarks belong to Family Docs or our licensors. You don't get any rights except those stated here.

7.4 Your Content stays yours. We claim no ownership of Your Content, and because we never receive it we need no license to it. Contact information you send to support, and feedback, are covered by the Privacy Policy and section 7.5.

7.5 Feedback. If you send us ideas or suggestions, we may use them without paying you or owing you anything.

7.6 Open-source parts. The apps include open-source components under their own licenses, listed in the app's About screen. Those licenses control for those components.

8. Buying a license

8.1 Products. Saving messages and making PDFs need a license after the free Compatibility Check [confirm against the app]. We currently offer:

• 30-Day Pass — save messages and generate as many PDFs as you want for 30 days from purchase, on one device. Price: $[99], one time.
• Unlimited Subscription Add-on — offered when you buy a 30-Day Pass and again before your 30-Day Pass ends. It continues your access month to month for $[29] a month, starting when your 30-Day Pass ends, until you cancel. One Add-on per license; if a second one is started on the same license, we cancel and refund it.

Prices are in US dollars; your bank may add a currency conversion fee. Promotional codes, if offered, apply only as stated with the code. Prices and products are shown before you pay and may change. A change doesn't affect what you've already paid for. For the Add-on, we'll email you at least [30] days before a price change takes effect, and you can cancel before it does.

8.2 Who you pay. Payments are processed by Stripe through its Link service, which acts as the reseller and merchant of record for your purchase. Your card statement shows LINK.COM* EVIDENTLYSO. Link's own terms apply to the payment itself, and Link collects any sales tax. We never see your full card number.

8.3 Automatic renewal of the Add-on. If you choose the Add-on, you authorize a charge of $[29] (plus any tax) every month, starting [30] days after your 30-Day Pass purchase, until you cancel. You can cancel any time from "Manage the Add-on" in the app (which opens Stripe's customer portal), from the link in your receipt email, or by contacting support. Cancelling stops future charges. You keep access until the end of the month you've paid for. We'll email a receipt for each charge [and a reminder before any charge after a free or discounted period, if we ever offer one].

8.4 When a license ends. When your pass or Add-on ends, the app stops saving new messages and making new PDFs. Messages you've saved and PDFs you've already made stay on your device and in your cloud storage. PDFs already made can still be checked on the Check a PDF page as long as we run it (see section 10.3).

8.5 Refunds. All sales are final, except as the Refund Policy says or the law requires.

9. Third-party services

EvidentlySo works with services we don't control, such as your phone's operating system, your carrier, Dropbox (or other cloud storage you connect), Stripe and Link. Your use of them is governed by their terms and privacy policies. We aren't responsible for them, for changes they make, or for losses caused by them. If a service changes in a way that stops a feature working, we'll try to adapt, but we can't promise to.

10. Changes to EvidentlySo; availability

10.1 We may update, change or stop features. Updates may be needed to keep using the app.

10.2 We don't promise EvidentlySo, the website or the registry will be available at all times or free of errors.

10.3 Registry. We intend to keep the Check a PDF registry running for as long as we can, and for at least [5] years after a PDF is made. If we ever have to shut it down, we will try to give at least [90] days' notice on our website and a way to keep checking PDFs [such as a published list of fingerprints]. [Attorney: confirm this commitment.]

11. Disclaimer of warranties

EVIDENTLYSO IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, FAMILY DOCS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND COMPLETENESS. WE DON'T WARRANT THAT EVIDENTLYSO WILL CAPTURE EVERY MESSAGE, THAT IT WILL WORK ON EVERY DEVICE, THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PDF WILL BE ACCEPTED BY ANY COURT OR PERSON.

Some states don't allow some of these disclaimers, so some may not apply to you.

12. Limitation of liability

12.1 TO THE FULLEST EXTENT THE LAW ALLOWS, FAMILY DOCS AND ITS OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WON'T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST DATA, LOST PROFITS, OR THE OUTCOME OF ANY LEGAL PROCEEDING, EVEN IF TOLD THEY WERE POSSIBLE.

12.2 OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO EVIDENTLYSO IS LIMITED TO THE GREATER OF (A) WHAT YOU PAID US FOR EVIDENTLYSO IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $[100].

12.3 These limits don't apply to liability that can't be limited by law, such as for fraud or [gross negligence or willful misconduct, where state law forbids limiting it].

13. Beta features

Apps and features we label "beta," "preview" or "early access" are offered for testing. They may change, have more errors, lose data or be withdrawn without notice. Beta features are provided "as is" without any warranty or support commitment, [and are free unless we say otherwise]. Don't rely on a beta feature as your only copy of anything important. [Desktop annotation: notes you add are part of Your Content; a PDF shows which content is annotation and which is the original message.]

14. Indemnity

If you break these Terms or the law in using EvidentlySo, and someone makes a claim against us because of it, you'll cover our reasonable losses and costs, including reasonable attorneys' fees. We'll tell you about the claim and let you help defend it. [Attorney: consider whether to keep this for consumers.]

15. Disputes: informal resolution, arbitration and class-action waiver

[Attorney choice. Option A below (arbitration) is drafted in full. Option B (Colorado courts only) is a short alternative at the end of this section. See the README for the trade-offs.]

15.1 Talk to us first. Before starting any claim, send a written notice to support@evidentlyso.com with your name, the email you paid with, a description of the problem and what you want. We'll try to resolve it within 60 days. Both of us agree to this informal step before filing anything.

15.2 Arbitration. If we can't resolve it, you and Family Docs agree that any dispute about EvidentlySo or these Terms will be decided by binding individual arbitration, administered by [National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures and its Mass Filing rules / the American Arbitration Association (AAA) under its Consumer Arbitration Rules]. The arbitrator decides all issues, except that a court decides whether section 15.4 (class waiver) and section 15.6 (batches) are enforceable. The Federal Arbitration Act governs this section. Arbitration may be held by video or phone, or in the county where you live.

15.3 Exceptions. Either of us may (a) bring an individual claim in small claims court, and (b) ask a court to stop infringement or misuse of intellectual property or the misuse of EvidentlySo described in section 5.

15.4 No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative action. The arbitrator may award relief only to the individual party. If this sentence is found unenforceable for a claim, that claim goes to court (under section 16), not to arbitration.

15.5 Fees. We'll pay all filing, administration and arbitrator fees for any claim of $[10,000] or less, unless the arbitrator finds the claim frivolous.

15.6 Mass filings. If 25 or more similar demands are filed by or with help from the same lawyers or group, they'll be handled in batches of up to [100] under the administrator's mass-filing rules, with one arbitrator per batch, and the statute of limitations is paused while they wait.

15.7 Opting out. You can opt out of arbitration within 30 days after you first accept these Terms by emailing support@evidentlyso.com with the subject "Arbitration opt-out," your name and the email you paid with. Opting out doesn't affect anything else in these Terms.

15.8 Changes to this section. If we change this section, the change won't apply to a dispute we already knew about, and you can reject it by emailing us within 30 days of the change.

15.9 Time limit. Any claim must be brought within one year after it arises, unless the law requires a longer period.

15.10 Canada. If you live in Ontario, or anywhere else in Canada where the law doesn't allow a consumer to be bound by an arbitration agreement or a class-action waiver, sections 15.2 to 15.8 don't apply to you. Your claims go to the courts of your province, and you keep any right your province's law gives you to take part in a class action. [Canadian counsel to confirm.]

Option B (instead of 15.2–15.8): Any dispute about EvidentlySo or these Terms will be decided only by the state courts in Jefferson County, Colorado, or the US District Court for the District of Colorado, and you and we consent to those courts. Either of us may bring an individual claim in small claims court where the defendant lives. [A class-action waiver without arbitration is often not enforced; attorney to decide whether to include one.]

16. Governing law

Colorado law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs section 15. If you live outside Colorado, you keep any protections your own state's or province's consumer laws give you that can't be waived.

17. Copyright complaints

We don't host user content on our website. If you think something on evidentlyso.com infringes your copyright, email support@evidentlyso.com with the details required by 17 U.S.C. § 512(c)(3), and we'll respond. [Optional: register a DMCA designated agent with the US Copyright Office.]

18. Ending these Terms

You can stop using EvidentlySo any time by uninstalling the app. We may end or suspend your license under section 5.5, or if we stop offering EvidentlySo. Sections 3.2–3.4, 4, 5.3, 7.3–7.5, 11, 12, 14, 15, 16 and 19 survive.

19. General

• Changes to these Terms. We may update these Terms. For a material change, we'll give notice in the app or by email at least [14] days before it takes effect and ask you to accept the new version the next time you open the app. If you don't accept, you can stop using EvidentlySo, and if you have paid time left on a pass or Add-on, [we'll refund the unused part / you can keep using the version you agreed to until your paid period ends].
• Whole agreement. These Terms, with the documents in section 1.3, are the whole agreement about EvidentlySo.
• Severability. If part of these Terms can't be enforced, the rest still applies.
• No waiver. If we don't enforce something right away, we can still enforce it later.
• Assignment. You can't transfer these Terms. We may transfer them as part of a merger, sale or reorganization.
• Notices. We'll send notices to the email address tied to your license, or show them in the app. You can send notices to support@evidentlyso.com or Family Docs, Inc., 3440 Youngfield St. #423, Wheat Ridge, CO 80033.
• Electronic agreement. You agree that electronic acceptance and notices satisfy any requirement that they be in writing.
• Export. You'll follow US export and sanctions laws in using EvidentlySo.
• Apple and Google. If you get the app from Apple's App Store or Google Play, the store's terms also apply, and the Apple terms in the Appendix apply to the iPhone app.

Appendix: iPhone app (Apple App Store)

[Include when the iPhone app ships through the App Store. Apple requires these points.]

1. These Terms are between you and Family Docs only, not Apple. Family Docs, not Apple, is responsible for the iPhone app and its content.
2. Your license to the iPhone app is limited to Apple-branded devices you own or control, as allowed by the App Store Usage Rules.
3. Apple has no obligation to provide maintenance or support for the app.
4. If the app fails to meet a warranty that applies, you may notify Apple, and Apple will refund the purchase price (if any) paid to Apple. Apple has no other warranty obligation for the app.
5. Family Docs, not Apple, is responsible for any product liability, legal compliance or consumer protection claims about the app.
6. Family Docs, not Apple, is responsible for investigating and handling any claim that the app infringes someone's intellectual property.
7. You confirm you are not in a country under a US government embargo or designated as a "terrorist supporting" country, and are not on a US government list of prohibited or restricted parties.
8. Questions and complaints: Family Docs, Inc., 3440 Youngfield St. #423, Wheat Ridge, CO 80033, support@evidentlyso.com.
9. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Contact

Family Docs, Inc. · 3440 Youngfield St. #423, Wheat Ridge, CO 80033 · support@evidentlyso.com