Terms of Use

1. Agreement to Terms

These Terms of Use (“Terms”) govern your access to and use of Evidentix™, the digital evidence authentication platform operated by Evidence Analyzer, LLC, a Texas limited liability company (“Evidence Analyzer,” “we,” “us,” or “our”), available at evidenceanalyzer.com and any related applications and services (collectively, the “Service”).

By creating an account, signing in, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you may not use the Service.

If you are using the Service on behalf of a law firm, company, or other organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you individually and that organization.

These Terms constitute a legally binding contract between you and Evidence Analyzer. Please read them carefully. Section 14 contains class action and jury trial waivers and an exclusive venue provision that affect your rights regarding any dispute between you and us.

2. Description of the Service

The Service allows users to upload digital files (images, documents, video, audio) and obtain cryptographic and metadata-based analysis of those files for purposes of evidentiary authentication. Through the Service, you may, among other things:

• generate SHA-256 cryptographic hashes and perceptual hashes of uploaded files;
• extract and report on embedded metadata (including EXIF and GPS data) and detect alterations;
• compare files against one another and against the Service’s index of previously uploaded files;
• generate signed reports, including Integrity Certificates, Custody Records, and chain-of-custody documentation; and
• subscribe to ongoing monitoring of designated files (the “Custody Monitoring” feature).

The Service is intended for use by attorneys, investigators, insurance and claims professionals, and forensic specialists, and is not intended for general-consumer use. The Service is provided in the United States and is operated under United States law.

The features available to you depend on the product or subscription you purchase. We may add, modify, or discontinue features from time to time as described in Section 16 (Changes to These Terms).

3. Accounts and Registration

To use most features of the Service, you must create an account. When you create an account, you agree to:

• provide accurate, current, and complete information, including your full name, country of residence, and (if applicable) your firm or organization;
• maintain and promptly update that information as it changes;
• verify your email address using the verification link we send you, and re-verify if requested;
• maintain the confidentiality of your password and the security of your account;
• promptly notify us at admin@evidenceanalyzer.com of any unauthorized access to or use of your account; and
• accept responsibility for all activity that occurs under your account, whether or not you authorized it.

You may not create an account using a false identity, on behalf of another person without authorization, or for the purpose of impersonating any individual or entity. You may not transfer your account to another person without our prior written consent.

You must be at least eighteen years old to create an account or use the Service. The Service is not directed to anyone under sixteen, as further described in our Privacy Policy.

We may suspend, restrict, or terminate your account as described in Section 17 (Termination).

4. Pricing and Payment

The Service is offered through one-time purchases, subscriptions, and licensed plans. The fees, features, and terms of each offering are stated on our pricing page at evidenceanalyzer.com/pricing or at the time of purchase. By placing an order, you agree to pay the fees stated for the product or subscription you select, plus any applicable taxes.

Payment processing. Payments are processed by Stripe, Inc., subject to Stripe’s terms and privacy policy. You authorize us, through Stripe, to charge the payment method you provide for all fees due. You are responsible for keeping your payment information current.

Currency and taxes. Unless otherwise stated, prices are in United States dollars. You are responsible for all taxes, duties, and similar charges associated with your purchase, except for taxes based on our net income.

Price changes. We may change our prices from time to time. For one-time purchases, the price in effect at the time you place your order applies. For subscriptions, we will provide at least thirty days’ notice of any price change before it takes effect, and you may cancel your subscription before the new price applies.

Discounts and promotional codes. We may offer discounts and promotional codes from time to time. Discounts and promotional codes are subject to the terms stated when issued, are non-transferable, and may be revoked at any time.

Failed payments. If a payment fails, we may suspend access to features that depend on the failed payment until the payment is resolved.

5. Refunds and Cancellation

5.1 One-Time Purchases

For one-time purchases (including Integrity Certificate and Custody Record products), you may request a refund only if the report or deliverable has not yet been generated. Once a report has been generated and made available in your account, the purchase is non-refundable. To request a refund before report generation, email admin@evidenceanalyzer.com with your order details.

5.2 Subscriptions

You may cancel a subscription at any time through your account or by contacting us at admin@evidenceanalyzer.com. Cancellation takes effect at the end of your current billing period; you will retain access to subscription features for the remainder of that period. We do not provide pro-rated refunds for partial billing periods.

5.3 Failed Payments and Suspension

If a renewal payment fails, we may attempt to charge the payment method on file for a reasonable period before suspending or terminating access to subscription features. Reinstatement following suspension may be subject to the resumption of payment.

5.4 Payment Disputes and Chargebacks

If you believe a charge is incorrect, contact us at admin@evidenceanalyzer.com before initiating a chargeback with your card issuer or bank. We will work in good faith to resolve billing disputes. Initiating a chargeback without first contacting us is a material breach of these Terms. We reserve the right to suspend your account and dispute any chargeback initiated without first attempting resolution through us.

6. Subscriptions and Renewals

6.1 Renewal

Unless you cancel, your subscription will automatically renew at the end of each billing period for an additional period of the same length, at the then-current renewal price. By starting a subscription, you authorize us to charge the payment method on file for each renewal.

6.2 Notice of Renewal Pricing Changes

If we change the renewal price of your subscription, we will provide at least thirty days’ advance notice by email to the address associated with your account. If you do not wish to renew at the new price, you may cancel before the price change takes effect.

6.3 Cancellation Effective Date

Cancellations take effect at the end of the current billing period. You may continue to use subscription features until that date.

6.4 Plan Changes

You may upgrade or downgrade your subscription. Upgrades take effect immediately and are pro-rated for the remainder of the current billing period. Downgrades take effect at the start of the next billing period.

7. User Content and Evidence

7.1 Your Content

You retain all right, title, and interest in and to the files you upload to the Service and to any reports, certificates, custody records, or other deliverables we generate from those files (collectively, your “Content”). We do not claim ownership of your Content.

7.2 License to Operate the Service

You grant Evidence Analyzer a worldwide, non-exclusive, royalty-free, fully paid-up license to host, store, process, transmit, analyze, generate hashes and metadata from, and otherwise use your Content solely to provide the Service to you and to perform our obligations under these Terms. This license terminates when you delete the relevant Content from the Service or close your account, except as described in Section 7.4.

7.3 License for Product Improvement

You grant Evidence Analyzer a worldwide, non-exclusive, royalty-free license to use de-identified and aggregated information derived from your Content to operate, analyze, and improve the Service. “De-identified” means processed so the information cannot reasonably be used to identify you, any third party, or the underlying file. This license survives the termination of your account.

7.4 Retention for Chain-of-Custody Integrity

As described in our Privacy Policy, the chain-of-custody log is cryptographically chained, and individual entries cannot be removed without invalidating the integrity of the log. After you delete Content or close your account, custody-log entries documenting actions previously taken with respect to your Content will be retained as described in the Privacy Policy. This Section 7.4 is the only exception to the license-termination rule in Section 7.2.

7.5 Your Representations About Content

By uploading Content to the Service, you represent and warrant that:

• you have the legal right to upload, store, and process the Content through the Service;
• the Content does not violate any law, infringe any third party’s rights, or violate any obligation of confidentiality, contract, or court order to which you are subject; and
• to the extent the Content includes the personal information of any third party, you have obtained any consents and provided any notices required by law in connection with your upload and our processing of the Content.

7.6 Responsibility for Content

You are solely responsible for your Content and for the legal and professional consequences of uploading and using it. We do not review Content before it is uploaded and do not undertake to verify that any Content is what you represent it to be. The Service generates analytical output from the Content you provide; it does not opine on the lawfulness of your possession or use of that Content.

7.6A Privileged and Confidential Content

You acknowledge that Content you upload may include information subject to the attorney-client privilege, the attorney work-product doctrine, professional confidentiality obligations, protective orders, sealing orders, or similar restrictions. You are solely responsible for evaluating whether to upload such Content, for asserting and preserving any applicable privilege or protection, and for complying with any court order or professional obligation that governs the Content. Our access to and processing of your Content as described in these Terms and our Privacy Policy is not intended to, and does not, waive any privilege or protection attaching to that Content.

7.7 Removal of Content

You may delete Content from your account at any time as described in our Privacy Policy. Deletion of Content does not remove custody-log entries documenting actions previously taken with respect to that Content (see Section 7.4).

7.8 Third-Party Claims About Content

From time to time, third parties may assert that Content you have uploaded infringes their rights or was obtained improperly. We will respond to those claims as follows:

• Copyright claims. For claims of copyright infringement, we follow the notice-and-takedown procedures of the Digital Millennium Copyright Act, 17 U.S.C. § 512. Our designated DMCA agent and procedures are described at evidenceanalyzer.com/dmca. If we receive a valid DMCA notice with respect to your Content, we will remove or disable access to the Content and notify you. You may submit a counter-notification as provided by the DMCA.
• Other third-party claims. For claims other than copyright (including claims of trade secret misappropriation, privacy violation, breach of confidentiality, defamation, or possession of unlawfully obtained materials), we will evaluate the claim and act in our discretion. We may, depending on the circumstances: (i) notify you of the claim and request a response; (ii) decline to take action absent a court order; (iii) remove or restrict access to the Content; or (iv) suspend or terminate your account. We are not obligated to take any particular action based on a third-party claim absent a valid legal order.

7.9 Reservation of Rights

Except for the licenses you expressly grant in this Section 7, no rights in your Content are granted to Evidence Analyzer. Except for the licenses we expressly grant in these Terms, no rights in the Service are granted to you.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its software, source code, user interface, design, layout, text, graphics, logos, technical processes, documentation, and the selection and arrangement of these elements, is owned by Evidence Analyzer or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Except as expressly set forth in these Terms, no rights in our intellectual property are granted to you.

8.2 License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes as described in these Terms and on our pricing page.

8.3 Restrictions

You may not:

• copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Service or any portion of it;
• reverse engineer, decompile, or disassemble the Service, or attempt to derive its source code, except to the limited extent applicable law expressly permits;
• access or use the Service for the purpose of building or improving a competing product or service;
• use any automated means (including bots, scrapers, or crawlers) to access the Service, except as we expressly permit;
• remove, obscure, or alter any proprietary notices contained on or within the Service or any deliverable generated by it;
• access the Service through any interface other than those we provide; or
• use the Service in any way that violates these Terms, our Acceptable Use policy in Section 9, or applicable law.

8.4 Trademarks

Evidentix™ and Evidence Analyzer™, along with our logos and other product names and marks, are trademarks of Evidence Analyzer, LLC. The Evidentix™ application is pending registration with the United States Patent and Trademark Office. You may not use any of these marks without our prior written consent, except to make accurate factual references to the Service in a manner that does not imply endorsement or affiliation.

8.5 Feedback

If you provide us with feedback, suggestions, or ideas about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, modify, and incorporate the Feedback into the Service or our other products and services without obligation or compensation to you. We are not obligated to act on or implement any Feedback.

8.6 Third-Party Components

The Service may include or interoperate with third-party software, libraries, or services. Your use of those third-party components may be subject to separate license terms; we will identify and make those terms available to the extent required by the applicable third-party license.

9. Acceptable Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• use the Service to upload, store, generate, or transmit any Content that you do not have the legal right to possess or process;
• use the Service to violate any law, regulation, court order, contract, or third-party right;
• use the Service to upload, store, or generate any Content that constitutes child sexual abuse material, that depicts or facilitates violence against an identified person, or that you know to have been obtained through criminal conduct;
• attempt to gain unauthorized access to the Service, to any account other than your own, or to any system or network connected to the Service;
• interfere with, disrupt, overload, or impair the Service or the experience of other users, including by introducing malware, viruses, or other harmful code;
• attempt to probe, scan, or test the vulnerability of the Service, except through any responsible disclosure or bug bounty program we may make available;
• bypass, disable, or otherwise circumvent any security or access-control feature of the Service;
• use the Service to send unsolicited communications, advertisements, or other forms of solicitation;
• misrepresent the source, integrity, or content of any Content you upload, including by submitting Content under a false identity or attributing Content to a person or entity that did not create it;
• use the Service in a manner that imposes an unreasonable or disproportionately large load on our infrastructure, including by automated means; or
• assist or permit any third party to engage in any of the foregoing.

We may investigate any suspected violation of this Section 9 and take appropriate action, including suspending or terminating your access to the Service as described in Section 17. We may report violations of law to law enforcement authorities.

10. Disclaimers

10.1 “As Is” Service

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, security, or quiet enjoyment.

10.2 No Legal Advice

Evidence Analyzer is a software platform. The Service generates technical analyses, hashes, metadata extractions, comparisons, and reports based on the Content you provide. Nothing produced by the Service constitutes legal advice, a legal opinion, an admissibility determination, or expert testimony, and your use of the Service does not create an attorney-client relationship with Evidence Analyzer, any of its principals, or any affiliated law firm. You and your professional advisors are solely responsible for evaluating the legal significance of any output the Service produces.

10.3 No Forensic Conclusion

The Service produces information about files (such as cryptographic hashes, metadata, and similarity scores) and does not opine on questions of forensic interpretation, chain-of-custody sufficiency, evidentiary admissibility, or the underlying truth or falsity of any matter depicted in a file. Any such conclusions are matters for qualified forensic experts and the trier of fact.

10.4 No Guarantee of Availability

We do not guarantee that the Service will be uninterrupted, error-free, secure, or free of harmful components. We may impose limits on the use of certain features, restrict your access to parts or all of the Service, or modify or discontinue the Service at any time, with or without notice.

10.5 Third-Party Services

The Service incorporates services and data from third parties (including Amazon Web Services, Stripe, Resend, and Google). We are not responsible for the acts, omissions, or performance of these third parties, and our obligations under these Terms are subject to any limitations imposed by them.

11. Limitation of Liability

11.1 Exclusion of Certain Damages

To the maximum extent permitted by applicable law, Evidence Analyzer and its officers, directors, employees, agents, affiliates, and licensors will not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or use, arising out of or relating to these Terms or your use of or inability to use the Service, regardless of the legal theory on which the claim is based (including contract, tort, statute, or otherwise) and even if we have been advised of the possibility of such damages.

11.2 Aggregate Liability Cap

To the maximum extent permitted by applicable law, the total aggregate liability of Evidence Analyzer to you for all claims arising out of or relating to these Terms or your use of the Service, in the aggregate and across all causes of action, will not exceed the greater of (a) one hundred United States dollars (US$100); or (b) the total fees you paid to us for the Service in the twelve months immediately preceding the event giving rise to the claim.

11.3 Carve-Outs

The exclusions in Section 11.1 and the cap in Section 11.2 do not apply to:

• our indemnification obligations under Section 12; or
• liability arising from our gross negligence, willful misconduct, fraud, or knowing misrepresentation, to the extent such liability cannot be limited or excluded under applicable law.

11.4 Basis of the Bargain

You acknowledge that the limitations and exclusions in this Section 11 are a fundamental basis of the bargain between you and Evidence Analyzer, that the fees we charge for the Service reflect the allocation of risk reflected in this Section, and that without these limitations the fees would necessarily be substantially higher.

11.5 Allocation Among Multiple Claims

If you and we are involved in multiple disputes or claims, the aggregate cap in Section 11.2 applies in total across all such disputes and claims, not separately to each.

12. Indemnification

12.1 Your Indemnification of Us

You will indemnify, defend, and hold harmless Evidence Analyzer and its officers, directors, employees, agents, affiliates, and licensors (the “Indemnified Parties”) from and against any third-party claim, demand, suit, proceeding, loss, damage, liability, settlement, judgment, fine, penalty, cost, or expense (including reasonable attorneys’ fees and litigation costs) (each, a “Claim”) arising out of or relating to:

• your Content, including any allegation that your Content infringes, misappropriates, or violates a third party’s intellectual property, privacy, confidentiality, publicity, or other rights;
• your breach or alleged breach of these Terms, including any breach of your representations and warranties in Section 7.5;
• your violation of any law, regulation, court order, or contract; or
• any use of your account, whether or not authorized by you.

12.2 Procedure

We will promptly notify you in writing of any Claim for which we seek indemnification. You will have the right to control the defense and settlement of any such Claim, provided that:

• you do not, without our prior written consent, agree to any settlement that imposes any obligation on us other than the payment of money, that admits any liability or wrongdoing by us, or that does not include a complete release of us from all claims;
• we may, at our own expense, participate in the defense with counsel of our choice; and
• if we reasonably believe that your defense will be inadequate or that you have a conflict of interest in the defense, we may assume control of the defense at your expense.

12.3 No Settlement Without Consent

You will not settle any Claim that imposes any obligation, liability, or restriction on us, or that requires us to admit any wrongdoing, without our prior written consent.

12.4 No Indemnification by Us

We do not provide any indemnification to you. We have not made and do not make any commitment to defend or hold you harmless from claims by any third party. Your sole remedy for any inability to use the Service free of third-party claims is to stop using the Service.

13. Service Levels

13.1 Applicability

This Section 13 applies to paid plans, including both one-time purchases and subscriptions.

13.2 Service Availability

We will use commercially reasonable efforts to maintain the availability of the Service. We do not warrant any specific level of uptime or availability. Scheduled maintenance, third-party service provider outages, force majeure events, and conditions outside our reasonable control may result in periods during which the Service is unavailable.

13.3 Support

We will use commercially reasonable efforts to respond to support inquiries submitted to admin@evidenceanalyzer.com. We do not commit to any specific response time. Support is provided in English during United States business hours.

13.4 Sole Remedy

Your sole and exclusive remedy for any failure of the Service to perform as expected, including any period of unavailability or any delay in response to a support inquiry, is to terminate your subscription as provided in Section 5, or to cease using the Service. No service credits, refunds, or other compensation will be due.

13.5 No Personal-Data Indemnity

Nothing in this Section 13 constitutes an indemnification by Evidence Analyzer with respect to data security incidents, data loss, or any third-party claim. Liability and indemnification for those matters are governed by Sections 11 and 12.

14. Dispute Resolution

14.1 Informal Resolution First

Before initiating any formal proceeding arising out of or relating to these Terms or your use of the Service, you and Evidence Analyzer each agree to attempt in good faith to resolve the dispute through written notice and discussion. The party initiating the dispute will send written notice to the other (in our case, by email to the address associated with your account; in your case, by email to admin@evidenceanalyzer.com) describing the dispute and the relief sought. The parties will then negotiate in good faith for at least thirty days before initiating any formal proceeding.

14.2 Forum and Venue

Any action, claim, or proceeding arising out of or relating to these Terms or your use of the Service that is not resolved through informal discussion under Section 14.1 must be brought exclusively in the state or federal courts located in Montgomery County, Texas. You and Evidence Analyzer each consent to the personal jurisdiction of those courts and waive any objection based on inconvenient forum.

14.3 Class Action Waiver

YOU AND EVIDENCE ANALYZER EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, OR REPRESENTATIVE PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY. IF THIS WAIVER IS HELD UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THAT CLAIM MAY NOT BE BROUGHT IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, BUT THE REMAINDER OF THESE TERMS WILL CONTINUE IN FORCE.

14.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EVIDENCE ANALYZER EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A JURY TRIAL ON ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SERVICE, OR THE RELATIONSHIP BETWEEN YOU AND EVIDENCE ANALYZER. THIS WAIVER IS A MATERIAL INDUCEMENT FOR EACH PARTY TO ENTER INTO THESE TERMS AND HAS BEEN KNOWINGLY MADE AFTER OPPORTUNITY FOR CONSULTATION WITH COUNSEL.

14.5 Third-Party Subpoenas for User Data

If a third party seeks user data from Evidence Analyzer by subpoena or other compulsory process, we will accept and respond to subpoenas only where issued from a court of competent jurisdiction in Montgomery County, Texas, except where applicable law requires us to respond to process issued from another forum. We reserve the right to move to quash any subpoena issued outside Montgomery County, Texas, at the user’s expense if the user is a party to the underlying proceeding, or at our expense in other circumstances. Our procedures for responding to subpoenas are further described in our Subpoena Policy.

14.6 Statute of Limitations

Any action or claim arising out of or relating to these Terms or your use of the Service must be brought within one year after the cause of action accrues, or, if the applicable statute of limitations is shorter, within the period prescribed by law. After this period, all such claims are permanently barred.

14.7 Injunctive Relief

Notwithstanding any other provision of this Section 14, either party may seek injunctive or other equitable relief in a court of competent jurisdiction, including a court outside Montgomery County, Texas, to protect intellectual property rights or to prevent imminent or ongoing harm pending the resolution of the underlying dispute on the merits.

15. Governing Law and Jurisdiction

15.1 Governing Law

These Terms, and any dispute arising out of or relating to these Terms or your use of the Service, are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.2 Federal Law

Where applicable, federal law (including the Digital Millennium Copyright Act and the Lanham Act) governs alongside Texas law.

15.3 Venue

The exclusive venue for any proceeding is as set forth in Section 14.2.

15.4 Severability of Foreign-Law Mandates

If you reside outside the United States and any provision of these Terms is unenforceable under the mandatory law of your jurisdiction, that provision will apply only to the maximum extent permitted by your local law, and the remainder of these Terms will continue in full force.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of these Terms. For material changes — including changes to the dispute resolution provisions in Section 14, the fees you owe, or your rights or obligations in any material respect — we will email you at the address associated with your account before the change takes effect.

Your continued use of the Service after a change becomes effective constitutes your acceptance of the revised Terms. If you do not agree to a revised Terms, you must stop using the Service and may close your account as described in Section 17. Changes will not apply retroactively to disputes that arose before the effective date of the change.

17. Termination

17.1 Termination by You

You may close your account at any time by emailing admin@evidenceanalyzer.com. Closing your account terminates your right to use the Service. If you have a paid subscription, the cancellation provisions in Section 5.2 apply.

17.2 Termination by Us for Cause

We may suspend or terminate your account and your access to the Service, immediately and without notice, if we reasonably determine that you have:

• materially breached these Terms (including the Acceptable Use provisions in Section 9, the Content representations in Section 7.5, or the payment obligations in Section 4);
• engaged in conduct that exposes us or our other users to legal liability or significant security risk;
• failed to pay fees when due, after a reasonable opportunity to cure;
• initiated a payment chargeback in breach of Section 5.4; or
• engaged in conduct that we reasonably determine to be fraudulent or that misrepresents the source or integrity of Content uploaded to the Service.

17.3 Termination by Us for Convenience

We may also terminate your account or discontinue the Service generally upon thirty days’ written notice to you. If we terminate you for convenience and you have a paid subscription, we will refund the pro-rated unused portion of your most recent subscription payment as your sole remedy.

17.4 Effect of Termination

Upon termination of your account, your right to access and use the Service ends immediately. We will:

• delete your Content from the Service within a commercially reasonable period after termination, except as retained under Section 7.4 (chain-of-custody log) and Section 6.3 (payment records);
• provide you, upon request submitted within thirty days of termination, with a one-time export of reports and custody records associated with your account, in a commonly used format;
• retain any information we are required to retain under applicable law or as described in our Privacy Policy.

17.5 Surviving Provisions

Sections that by their nature should survive termination will survive, including Section 7 (User Content and Evidence, including license to use de-identified data and chain-of-custody retention), Section 8 (Intellectual Property), Section 10 (Disclaimers), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 14 (Dispute Resolution), Section 15 (Governing Law), this Section 17.5, and Section 18 (Miscellaneous).

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference (including our Subpoena Policy and any DMCA procedures), constitute the entire agreement between you and Evidence Analyzer concerning the Service and supersede all prior or contemporaneous agreements, communications, and proposals.

18.2 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later. No waiver of any provision will be effective unless made in writing and signed by an authorized representative of Evidence Analyzer.

18.3 Severability

If any provision of these Terms is held unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force.

18.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part to any successor in interest or affiliate, without your consent. Any attempted assignment in violation of this Section is void.

18.5 Relationship of the Parties

Nothing in these Terms creates an agency, partnership, employment, joint venture, or fiduciary relationship between you and Evidence Analyzer. Neither party has authority to bind the other.

18.6 Force Majeure

Neither party will be liable for any failure or delay in performance to the extent caused by events outside its reasonable control, including acts of God, natural disasters, war, terrorism, riot, civil unrest, governmental action, labor disputes, telecommunications or infrastructure failures, or third-party service-provider outages. The party affected by such an event will use commercially reasonable efforts to resume performance.

18.7 Notices

Notices to you may be sent by email to the address associated with your account or by posting on the Service. Notices to Evidence Analyzer must be sent by email to admin@evidenceanalyzer.com or by mail to the address provided in Section 19.

18.8 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Evidence Analyzer. No third party has any right to enforce these Terms or any provision of them.

18.9 Language

These Terms are written in English. Any translation provided for convenience is not authoritative; in any conflict between the English version and a translation, the English version controls.

18.10 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

18.11 Electronic Signature

By clicking “I agree,” creating an account, or using the Service, you are providing an electronic signature that has the same legal effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act and analogous state laws.

19. Contact Us

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