Custody Proof — Terms of Service

Effective Date: June 20, 2026 • Last Updated: July 30, 2026

PLEASE READ THESE TERMS CAREFULLY. These Terms govern your access to and use of Custody Proof. By creating an account, subscribing, or using the Service, you agree to these Terms. These Terms include an automatically renewing subscription with recurring charges to your payment method until you cancel (Section 8), limits on billing disputes and chargebacks (Section 10), a limitation of our liability (Section 18), and a binding individual arbitration provision and class-action and jury-trial waiver (Section 22) that affect how disputes are resolved. You may opt out of arbitration as described in Section 22.

1. Acceptance of These Terms

These Terms of Service (the “Terms”) are a binding legal agreement between you (“you” or “your”) and Archuleta Group LLC (“Archuleta Group,” the “Company,” “we,” “our,” or “us”), governing your access to and use of Custody Proof, including our website, mobile and desktop applications, and related services (collectively, the “Service”).

Agreement to be bound. By creating an account, clicking “I agree” (or a similar button or checkbox), accessing, subscribing to, downloading, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to all of these Terms, do not access or use the Service.

Record of acceptance. You agree that your electronic acceptance of these Terms, together with the associated date, time, account identifier, IP address, and device information we record, constitutes your signature and is admissible, valid, and enforceable evidence of your agreement to these Terms.

On behalf of an organization. If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

App-store beneficiaries. These Terms are between you and Archuleta Group only. Apple Inc. (“Apple”), Alphabet Inc. and Google LLC (“Google”), and Amazon.com Services LLC (“Amazon”) are not parties to these Terms. However, as further described in Section 24, Apple, Google, and Amazon and their subsidiaries are third-party beneficiaries of these Terms with respect to the mobile application, and may enforce these Terms against you as they relate to the mobile application.

2. Changes to These Terms

We may revise these Terms from time to time at our discretion. We will post the updated Terms through the Service and update the “Last Updated” date. If we make a material change, we will provide reasonable advance notice through the Service or by email before the change takes effect, where required by law or where we determine notice is appropriate.

Your continued access to or use of the Service after updated Terms become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel your Subscription as described in Section 8. Changes do not apply retroactively to a dispute of which we had actual notice before the change.

3. Eligibility; Who May Use the Service

To access or use the Service, you represent and warrant that:

You are at least 18 years old, or the age of majority in your jurisdiction if higher;

You are legally capable of entering into a binding contract and are not barred from using the Service under any applicable law;

All registration and account information you submit is truthful, accurate, current, and complete, and you will keep it current; and

You are not located in, under the control of, or a national or resident of any country or on any list that would make your use of the Service unlawful (see Section 27).

Children under 18 may not create their own accounts. Any data relating to a child must be entered by a parent, legal guardian, or authorized adult who is responsible for that data, as further described in Sections 7 and 25.

4. The Service Is Not Legal or Professional Advice

No attorney-client relationship. Archuleta Group is not a law firm, and the Service is not a law firm or a substitute for one. Use of the Service does not create an attorney-client relationship between you and Archuleta Group or any of its members, managers, employees, contractors, or affiliated attorneys. No communication through the Service is privileged or confidential as an attorney-client communication.

No professional advice. Nothing provided by or through the Service constitutes legal, medical, mental-health, financial, or other professional advice. The Service is a self-help tool for organizing and documenting information. You should consult a qualified professional about your specific situation.

Your responsibility. You alone decide how to use any information, record, export, or output from the Service. You are solely responsible for compliance with all applicable laws, court rules, rules of evidence, and authentication and admissibility requirements. We do not guarantee that any record, export, or output will be admissible or accepted in any court or proceeding.

5. Accounts, Authentication & Authorized Users

A password, passcode, biometric login, or other authentication method (“Authentication Method”) is required to access the Service. You are solely responsible for:

Maintaining the strict confidentiality and security of your Authentication Methods, devices, and email accounts;

All activity conducted through your account, whether by you or by any person you permit to access your account (an “Authorized User”), including any co-parent, attorney, family member, or other professional you invite or connect with;

Ensuring that your Authorized Users comply with these Terms; and

Promptly notifying us at support@custodyproof.com of any actual or suspected unauthorized use of, or security breach affecting, your account.

We may rely on, and treat as authorized by you, any instruction or action taken through your account or Authentication Method. You are liable for all activity conducted through your account or Authentication Method. To the maximum extent permitted by law, we are not liable for any loss or harm arising from the authorization, sharing, disclosure, loss, or theft of an Authentication Method, including unauthorized use occurring before we receive and have a reasonable opportunity to act on your notice.

6. License & Acceptable Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service, including to download and use our application, solely for your personal or internal use. You agree not to, and not to permit any Authorized User or third party to:

Reverse engineer, decompile, disassemble, or attempt to derive the source code of, or create derivative works of, the Service, except to the extent this restriction is prohibited by applicable law;

Use any robot, spider, scraper, script, or other automated means to access, scrape, mine, or extract data from the Service;

Upload, transmit, or store content that is unlawful, infringing, defamatory, harassing, threatening, obscene, or that violates the privacy or publicity rights of others;

Interfere with, disrupt, degrade, or overburden the Service, its servers, or networks, or circumvent any security or access control;

Attempt to gain unauthorized access to the Service, other accounts, or related systems or data;

Use the Service to build or train a competing product or any machine-learning or AI model, or to benchmark the Service without our written consent;

Sublicense, sell, resell, rent, lease, distribute, or otherwise commercially exploit the Service or access to it; or

Use the Service in violation of these Terms or any applicable law, regulation, or third-party right.

We may investigate and take appropriate action against anyone who, in our sole discretion, violates this Section, including removing content, suspending or terminating access, and reporting conduct to law enforcement.

7. Data & Content

7.1 Company Data

All content provided as part of the Service — including text, graphics, logos, icons, images, audio, software, templates, designs, and any improvements, modifications, or derivatives — is owned by us or our licensors (“Company Data”). We and our licensors retain all right, title, and interest, including all intellectual-property rights, in Company Data. Except as expressly authorized in these Terms, you may not copy, modify, distribute, publicly display, sell, or create derivative works of Company Data. All rights not expressly granted to you are reserved.

7.2 Customer Data

Data, information, and materials you or your Authorized Users provide to or through the Service remain your property (“Customer Data”). Customer Data includes User Content, information about your family or other persons, and confidential personal information. You retain all ownership and intellectual-property rights in Customer Data, subject to the license below.

By submitting Customer Data, you grant us a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) license to host, store, copy, process, transmit, display, and back up that data, and to create the aggregated and de-identified data described in Section 7.4, solely to operate, secure, maintain, support, and improve the Service and as otherwise described in our Privacy Policy. You represent and warrant that you have all rights, consents, and authority necessary to submit Customer Data and to grant this license, and that your Customer Data does not violate these Terms or any law or third-party right.

7.3 Shared Data

The Service allows you to share certain Customer Data with users you invite or connect with, such as co-parents, attorneys, or other authorized parties (“Shared Data”). Shared Data may include messages, documents, logs, and records you choose to share. You are solely responsible for determining what to share and with whom, and you acknowledge that recipients may retain, copy, export, or further disclose Shared Data outside our control. Once shared, data may not be fully retractable, and deletion of Shared Data may require the consent of, or have continuing effect for, all parties connected to that data. We are not responsible for the acts or omissions of any party with whom you share data.

7.4 Aggregated & De-Identified Data

We may create, use, and retain aggregated, de-identified, or anonymized data derived from Customer Data and from use of the Service for analytics, security, product development, improvement of our features (including AI features, subject to Section 11), and other lawful business purposes, provided that such data does not identify you or any individual. Aggregated and de-identified data is not Customer Data.

8. Subscriptions, Auto-Renewal & Billing Authorization

8.1 Subscriptions and pricing

Certain features of the Service require a paid subscription (“Subscription”). The applicable price, billing period, plan features, and payment terms are disclosed to you at the point of purchase before you subscribe. By subscribing, you agree to the price and billing terms then presented. Currency is U.S. dollars unless otherwise stated.

8.2 Authorization for recurring charges (auto-renewal)

Your authorization. When you start or renew a Subscription, you expressly authorize us and our third-party payment processor to charge your designated payment method (your “Payment Method”) on a recurring basis for the Subscription price, plus any applicable taxes and fees, automatically at the beginning of each billing period, without further authorization from you, until you cancel.

Affirmative consent; negative-option acknowledgment. You acknowledge and agree that your Subscription is a recurring, automatically renewing charge with a negative-option feature: it will renew for successive periods of the same length and your Payment Method will continue to be charged until you cancel. You acknowledge that, before purchase, we clearly and conspicuously disclosed the price, the billing frequency, that the Subscription automatically renews, how to cancel, and our refund policy, and that you affirmatively consented to these terms.

Authorized cardholder. You represent and warrant that you are the authorized holder of the Payment Method you provide, or are expressly authorized by the holder to use it for recurring charges, and that the billing information you provide is true, accurate, and complete. You agree to keep your Payment Method information current.

8.3 Free trials and introductory offers

We may offer a free or discounted trial or introductory period. If we do, we will disclose the length of the trial and the price and frequency of the charges that begin when the trial or introductory period ends. Unless you cancel before the end of the trial or introductory period, your Subscription will automatically convert to a paid Subscription and your Payment Method will be charged the then-current price at the start of the first paid period, and at the start of each period thereafter, until you cancel. Eligibility for trials is limited to new customers and is determined in our discretion; we may revoke a trial for abuse. Subscriptions started under a trial offer that was in effect at the time of signup keep the trial terms disclosed at signup.

8.3a 30-day money-back guarantee

We offer a 30-day money-back guarantee on your first Subscription purchase. It works as follows: if you are dissatisfied with the Service for any reason, you may request a full refund of your initial Subscription charge (monthly or yearly) within thirty (30) days of the date of that charge — either self-serve, using the "Request a refund" option in your account Settings (available while your guarantee window is open), or by emailing support@custodyproof.com. Upon a timely request we will refund the initial charge in full to your original Payment Method and cancel your Subscription at the same time, ending access to paid features; refunds are processed within five (5) business days of your request (your bank may take additional time to post the credit). The guarantee applies once per customer, to the first charge of a first-time Subscription only; it does not apply to renewal charges, plan-upgrade charges, or resubscriptions after a prior Subscription. For clarity: if you upgrade your plan (for example, to the Case Builder plan with the Vero AI assistant), the upgrade charge is not refundable under this guarantee — a timely guarantee request refunds only your initial Subscription charge, and cancellation ends access to all paid features, including any upgrade. Access to paid features ends when the refund is issued; your records are not deleted, and they remain available if you later resubscribe. This guarantee is in addition to, and does not limit, any refund rights you have under applicable law.

8.4 Price changes

We may change Subscription prices. Any price change will take effect on your next billing period after we provide notice through the Service or by email a reasonable time in advance (and as required by applicable law). If you do not agree to a price change, you may cancel before it takes effect. Your continued use of the Service, or failure to cancel before the renewal date, after a price-change notice constitutes your acceptance of the new price.

8.5 Failed payments

If a charge is declined or fails, we (or our processor) may retry the charge, update your Payment Method information through account-updater services where available, and notify you. We may suspend or downgrade your access to paid features until payment is successfully processed. You remain responsible for all amounts owed.

8.6 Cancellation

Web (direct) Subscriptions: You may cancel auto-renewal at any time through your account settings or by emailing support@custodyproof.com. We provide a simple online cancellation method that does not require you to speak with anyone.

Apple App Store: Manage or cancel your Subscription through your Apple Account settings. We cannot cancel or refund Apple purchases on your behalf.

Google Play: Manage or cancel your Subscription through Google Play. We cannot cancel or refund Google purchases on your behalf.

Amazon Appstore: Manage or cancel your Subscription through your Amazon account. We cannot cancel or refund Amazon purchases on your behalf.

Cancellation stops future renewal charges. Unless required by law, cancellation does not retroactively refund amounts already charged. After you cancel, you retain access to paid features through the end of the period you have already paid for, after which paid access ends. To stop a charge for an upcoming renewal, you must cancel before the renewal date.

8.7 Refunds

Except where required by applicable law or expressly stated in these Terms, all fees are non-refundable, and we do not provide refunds, credits, or exchanges for partial billing periods, downgrades, unused features, or periods during which you did not use the Service. For purchases made through Apple, Google, or Amazon, all refunds are governed by, and must be requested through, that platform; we cannot process those refunds.

8.8 Billing descriptor

Charges for direct (web) Subscriptions will appear on your card or bank statement as “CUSTODYPROOF” or a similar descriptor identifying Custody Proof or Archuleta Group. If you do not recognize a charge, please review your statement descriptor and contact us before disputing it (see Section 10).

8.9 Taxes

Prices are exclusive of taxes unless stated otherwise. You are responsible for all applicable sales, use, value-added, and similar taxes (other than taxes on our net income). If we are required to collect taxes, they will be added to your charges.

9. Payment Processors

Payments for direct Subscriptions are processed by third-party payment processors (for example, Stripe). By providing a Payment Method and using paid features, you also agree to the applicable processor’s terms and privacy policy, and you authorize the processor to store your Payment Method and to charge it as described in Section 8. We do not store full payment-card or bank-account numbers. We are not liable for errors, delays, holds, or failures caused by payment networks, card issuers, banks, or processors. You authorize us and our processors to share transaction and account information with card networks, issuers, and banks as reasonably necessary to process payments, prevent fraud, and resolve disputes, as further described in Section 10.

10. Billing Questions, Disputes & Chargebacks

This Section applies to direct (web) Subscriptions billed through our payment processor. Disputes about purchases made through Apple, Google, or Amazon are handled by those platforms under their policies.

10.1 Contact us first

If you have any question or concern about a charge — including a charge you do not recognize, a renewal you did not expect, or a trial that converted to paid — you agree to contact us at support@custodyproof.com before disputing the charge with your bank or card issuer or requesting a chargeback, reversal, or payment dispute. We will work in good faith to resolve legitimate billing issues promptly, including by correcting errors and issuing any refund or credit we determine is warranted. Many disputes result from a forgotten renewal or an unrecognized descriptor and can be resolved directly within one business day.

10.2 Acknowledgment that charges are authorized and delivered

You acknowledge and agree that: (a) you were clearly informed of our pricing, billing frequency, auto-renewal, cancellation method, and refund policy before purchase; (b) access to the Service is a digital service delivered and made available to you immediately upon charge; (c) your continued ability to access the Service, and your login and usage records, evidence delivery and performance; and (d) accordingly, charges made in accordance with these Terms are authorized, valid, and for services rendered. Forgetting to cancel before a renewal or trial conversion is not a basis to claim that a charge was unauthorized or that the Service was not provided.

10.3 Wrongful chargebacks are a breach

You agree not to initiate a chargeback, payment dispute, or reversal for a charge that is authorized and valid under these Terms (a “Wrongful Chargeback”). Initiating a Wrongful Chargeback — including for charges you incurred because you did not cancel before a renewal or trial conversion — is a material breach of these Terms. This Section does not limit any right you have under applicable law to dispute a genuinely unauthorized charge or an actual billing error that we failed to correct after you contacted us under Section 10.1.

10.4 Consequences of a Wrongful Chargeback

If you initiate a Wrongful Chargeback, we may, to the maximum extent permitted by law:

Immediately suspend or terminate your account and access to the Service;

Treat the disputed amount as an outstanding debt that you owe us, due and payable immediately;

Re-bill or charge your Payment Method for the disputed amount and for any future amounts that become due;

Recover the disputed amount, plus any chargeback, representment, bank, or processor fees we incur, plus our reasonable costs of collection (including reasonable attorneys’ fees), to the extent permitted by law;

Refer the unpaid amount to a collection agency or pursue it in arbitration or small-claims court; and

Decline to provide you the Service in the future.

10.5 Cooperation and evidence; your consent

To resolve billing questions and to contest unwarranted chargebacks, you authorize us and our payment processors to collect, retain, and disclose to banks, card issuers, card networks, and dispute platforms the records reasonably necessary to evidence your authorization and use of the Service. These records may include your acceptance of these Terms (including date, time, IP address, and device identifiers), your billing and transaction history, your Payment Method authorization, your account-registration details, your login, session, and usage logs, and relevant communications with you. You agree that such records are reliable evidence that you authorized the charge and received the Service. You agree to reasonably cooperate with us to resolve any dispute.

10.6 No waiver of other remedies

Our rights under this Section are in addition to, and not in lieu of, any other rights or remedies available to us under these Terms or at law or in equity.

11. Restricted & Prohibited Content

You agree not to upload, submit, store, or transmit through the Service any content that:

Infringes or violates any copyright, trademark, patent, trade secret, privacy, publicity, or other intellectual-property or proprietary right;

You know, or reasonably should know, is false, deceptive, fraudulent, or misleading;

Is unlawful, harassing, abusive, threatening, defamatory, or harmful, or that depicts or facilitates the exploitation of minors; or

Violates any applicable local, state, national, or international law.

11.1 Protected Health Information (PHI)

Archuleta Group is not a “covered entity” or “business associate” under the Health Insurance Portability and Accountability Act (“HIPAA”). The Service is not intended to store or process Protected Health Information (“PHI”) or electronic PHI subject to HIPAA or similar laws (such as the Washington My Health My Data Act). You must not use the Service to store PHI unless you have first entered into a separate written Business Associate Agreement with us. If you upload health-related information, you represent that you have obtained all necessary consents and authorizations, you assume all related risk, and you agree to indemnify us for any resulting claim. We disclaim all liability relating to PHI uploaded without an appropriate written agreement.

12. SMS & Text Messaging

By providing your phone number and opting in, you consent to receive text messages from us, which may include authentication codes, service alerts, and account notifications. Message and data rates may apply, and message frequency varies based on your account activity. Reply STOP to cancel or HELP for assistance. We are not liable for delayed or undelivered messages caused by carriers or network conditions beyond our reasonable control. Consent to receive text messages is not a condition of purchase except for authentication messages necessary to secure your account.

13. Artificial Intelligence (AI) Features

The Service may include AI-powered features that generate insights, summaries, or writing assistance. You acknowledge and agree that:

AI outputs are automatically generated and may be inaccurate, incomplete, outdated, or inappropriate;

AI outputs do not constitute legal, medical, mental-health, or other professional advice;

You must independently review and verify AI outputs before relying on them, especially for any court filing or legal proceeding;

We are not liable for any decision or action you take based on AI outputs; and

You will not use AI features to make or inform decisions in connection with any activity that may cause personal injury or that is illegal.

We do not permit third parties to use your Customer Data to train their own AI models. We may use aggregated and de-identified data to develop and improve our own features, including AI features, as described in Section 7.4 and our Privacy Policy.

14. Recorded Audio & Video

The Service may allow you to record, upload, store, or transmit audio or video. You are solely responsible for:

Complying with all applicable recording, wiretapping, eavesdropping, and consent laws in your jurisdiction and in the jurisdiction of every participant, including “all-party” (two-party) consent requirements; and

Obtaining all consents required by law from all participants before recording.

We do not monitor recordings for legal compliance and are not responsible if you violate any applicable law. We may remove or disable access to any recording that we reasonably believe violates law or these Terms or infringes the rights of others. You assume all risk and liability arising from your recordings.

15. User Content

You retain all rights you hold in the content you upload (“User Content”). You represent and warrant that you have all rights and consents necessary to upload and share your User Content and that it does not violate these Terms or any law or third-party right. We are not responsible for User Content and do not endorse or guarantee its accuracy, integrity, or quality. We may, but are not obligated to, review, screen, edit, refuse, or remove User Content that we reasonably believe violates these Terms or applicable law.

16. Feedback

If you submit suggestions, ideas, improvement requests, bug reports, or other feedback about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Feedback, and to incorporate it into the Service or any product, without restriction, attribution, or compensation to you.

17. Third-Party Links & Integrations

The Service may contain links to third-party websites or allow integrations with third-party services, such as calendars, cloud storage, and communication tools. These are provided “as is” for your convenience. We do not control and are not responsible for third-party content, availability, security, or practices. Your use of any third-party service is governed by that third party’s terms and privacy policy. We are not liable for any loss or damage arising from your use of, or reliance on, any third-party service.

18. Modifications to the Service

We may add, modify, suspend, or discontinue any feature or all of the Service at any time, with or without notice. We may release updates to the application, which may download and install automatically. Failure to install updates may affect functionality. All updates are part of the Service and subject to these Terms. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service, except as expressly provided in these Terms.

19. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCHULETA GROUP AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA STORED OR TRANSMITTED WILL BE ACCURATE, PRESERVED, OR TIMELY, OR THAT ANY RECORD OR EXPORT WILL BE ADMISSIBLE OR ACCEPTED IN ANY PROCEEDING. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARCHULETA GROUP AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS (THE “COMPANY PARTIES”) WILL NOT BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;

LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY;

COST OF SUBSTITUTE SERVICES; OR

DAMAGES ARISING FROM LOST, DELETED, OR INACCESSIBLE DATA, OR FROM ANY OUTCOME OF ANY LEGAL OR CUSTODY PROCEEDING,

WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO ARCHULETA GROUP FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

21. Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any third-party claim, demand, action, damage, liability, cost, or expense (including reasonable attorneys’ and expert fees) arising out of or relating to:

Your breach of these Terms;

Your Customer Data, User Content, or recordings;

Your use or misuse of the Service;

Your violation of any law or any third-party right, including any recording, consent, privacy, or PHI obligation; or

The acts or omissions of your Authorized Users.

We may, at our own expense, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us. You may not settle any matter in a way that imposes any obligation or admission on a Company Party without our prior written consent.

22. Dispute Resolution; Arbitration; Class-Action & Jury Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 22.7.

22.1 Informal resolution first

Before starting an arbitration, you and we agree to try to resolve the dispute informally for at least sixty (60) days after notice. You must send notice to support@custodyproof.com, and we will send notice to the email on your account; the notice must describe the dispute and the relief sought. This informal process is a condition precedent to starting arbitration, and any limitations period is tolled while it is pending. An authorized representative of each party must participate in a good-faith telephonic settlement conference if requested.

22.2 Binding arbitration

Except for the claims carved out in Section 22.6, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including their existence, breach, termination, enforceability, or formation — will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, if applicable, its Commercial Arbitration Rules), as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted in English, seated in Austin, Texas, and may proceed by video or telephone or on documents where the rules allow. The arbitrator may award the same individual relief a court could, and the award may be entered in any court of competent jurisdiction.

22.3 Delegation

The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court has authority to decide whether the class-action waiver in Section 22.4 is enforceable.

22.4 Class-action and jury waiver

You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate or join the claims of more than one person and may not preside over any form of class or representative proceeding. You and we waive any right to a jury trial. If a court decides that this class-action waiver is unenforceable as to a particular claim or request for relief, then that claim or request (and only that claim or request) will be severed and brought in a court of competent jurisdiction, and all other claims will be arbitrated.

22.5 Coordinated (mass) arbitrations

If twenty-five (25) or more similar arbitration demands are asserted against us by or with the assistance of the same or coordinated counsel, the demands will be administered in staged batches of no more than fifty (50) at a time, with a single set of “bellwether” arbitrations decided first and a mediation offered before further batches proceed. This Section is intended to promote efficient and fair resolution of coordinated claims; the statute of limitations is tolled for unfiled demands in a batch while earlier batches proceed.

22.6 Carve-outs

Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual-property or confidentiality rights or to address unauthorized access or use of the Service. Our pursuit of unpaid amounts (including following a Wrongful Chargeback) and any claim of infringement or misuse of our intellectual property are not subject to the informal-resolution requirement.

22.7 30-day right to opt out of arbitration

You may opt out of this arbitration agreement (Sections 22.2–22.5) by emailing support@custodyproof.com with the subject line “Arbitration Opt-Out” within thirty (30) days after you first accept these Terms, stating your name and the email associated with your account. Opting out will not affect any other part of these Terms, including Section 23 (governing law and venue). If you opt out, disputes will be resolved in the courts identified in Section 23.

22.8 Time limitation

To the extent permitted by law, any claim or cause of action arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim accrues, or it is permanently barred.

23. Governing Law & Venue

These Terms, and any dispute arising out of or relating to these Terms or the Service, are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles, and (where applicable) by the Federal Arbitration Act. For any dispute not subject to arbitration, and for any action to compel or enforce arbitration, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas, and waive any objection to that venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

24. Mobile Application & App-Store Terms

If you download our application from a third-party app store or distribution platform (each, a “Distributor,” including Apple, Google, and Amazon), the application is licensed, not sold, to you under a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use it on a device you own or control during your Subscription term, subject to these Terms and the Distributor’s usage rules. We may update the application automatically, and you consent to such updates; updates may affect functionality or, in rare cases, cause data loss, for which we are not liable. We have no obligation to provide support or maintenance except as stated in these Terms.

24.1 Additional terms for Apple App Store

The following apply if you obtain the application from the Apple App Store. These Terms are between you and Archuleta Group only, not Apple, and Apple is not responsible for the application or its content. Apple has no obligation to provide any maintenance or support for the application. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the application; if the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the application’s purchase price (if any) to you, and Apple will have no other warranty obligation. Apple is not responsible for addressing any claim by you or a third party relating to the application or your possession or use of it, including product-liability, regulatory-compliance, or consumer-protection claims, or claims that the application infringes intellectual-property rights (which we, not Apple, are responsible for handling as provided in these Terms). You represent that you are not located in a U.S.-embargoed country or on a U.S. prohibited-party list, and that you will comply with applicable third-party terms when using the application. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Our contact for any question or claim about the application is support@custodyproof.com.

24.2 Google Play and Amazon Appstore

If you obtain the application from Google Play or the Amazon Appstore, your use is also subject to that Distributor’s terms. Google, Amazon, and their subsidiaries are third-party beneficiaries of these Terms with respect to the application and may enforce them against you. Those Distributors are not responsible for the application or for providing maintenance or support, except as stated in their own terms.

25. Suspension & Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct we reasonably believe violates these Terms, is harmful to us, other users, or third parties, fails to pay amounts due, or for any other reason in our discretion. You may stop using the Service and cancel your Subscription at any time as described in Section 8.

25.1 Effect of termination

On termination, your right to access and use the Service immediately ends. We may delete or deactivate your account and Customer Data in accordance with Section 26 and our Privacy Policy. Sections 4, 7.1, 7.4, 8.7, 10, 11, 16, 19, 20, 21, 22, 23, 26, 27, and 29, and any other provision that by its nature should survive, survive termination.

25.2 Death or incapacity

On reliable notice of your death or legal incapacity, we may suspend or restrict access to your account and may work with verified legal representatives (such as an executor or guardian) based on documentation we reasonably believe to be genuine. We are not liable for actions taken in good-faith reliance on such documentation.

26. Data Retention & Deletion

We retain Customer Data for as long as your account is active and as needed to provide the Service, and afterward as needed to comply with our legal obligations, resolve disputes, prevent fraud and abuse, and enforce these Terms. You may request deletion of your account and associated Customer Data as described in our Privacy Policy. We may retain de-identified or aggregated data and limited records necessary for legal, security, billing, or dispute-resolution purposes. Deletion of Shared Data may require the consent of, or have continuing effect for, other connected parties, as described in Section 7.3.

27. Export Controls & Sanctions

You represent and warrant that you are not located in, and are not a national or resident of, any country or territory subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export-control and sanctions laws and not to use, export, or re-export the Service in violation of those laws.

28. Compelled Disclosure & Legal Process

We may disclose your Customer Data and account information in response to a subpoena, court order, warrant, or other legal process, or where we reasonably believe disclosure is necessary to comply with applicable law, to protect the rights, safety, or property of any person, or to enforce these Terms. We are not obligated to notify you before disclosure where prohibited by law or impractical. We may, but need not, contest or seek to limit a legal demand. If responding to legal process related to you imposes a significant burden or cost, we may charge you our reasonable costs (such as attorney time and data-collection costs).

29. Electronic Communications & Notices

You consent to receive notices and communications from us electronically, including by email, in-app notice, SMS (where you have opted in), or posting through the Service, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. Notices to us must be sent to support@custodyproof.com and are effective when received. We may treat the email and contact information associated with your account as valid for notices to you; keep it current.

30. Children’s Privacy (COPPA)

The Service is not directed to children under 13, and children may not create accounts. Any data relating to a child in the Service is provided by an adult (a parent, guardian, or authorized professional) who is responsible for obtaining all necessary consents and for the accuracy and lawfulness of that data. If you believe a child under 13 has provided personal data to us directly, contact us at privacy@custodyproof.com and we will take appropriate steps to delete it.

31. General Provisions

Entire agreement. These Terms, together with our Privacy Policy and any additional terms presented for specific features, are the entire agreement between you and Archuleta Group regarding the Service and supersede all prior or contemporaneous understandings on that subject.

Severability; reformation. If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed, and the remaining provisions remain in full force and effect. (The class-action waiver is governed by Section 22.4.)

No waiver. Our failure to enforce any right or provision is not a waiver of future enforcement of that or any other right or provision.

Assignment. You may not assign or transfer these Terms or your account, by operation of law or otherwise, without our prior written consent; any attempted assignment in violation of this provision is void. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, cyberattacks, governmental action, and third-party service failures.

Relationship of the parties. You and we are independent contractors. These Terms do not create any partnership, joint venture, agency, employment, or fiduciary relationship.

Headings; interpretation. Section headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.”

Third-party beneficiaries. Except for the Company Parties (Sections 20 and 21) and the Distributors (Section 24), there are no third-party beneficiaries of these Terms.

32. Contact Us

Questions about these Terms or the Service:

Email (general & billing): support@custodyproof.com

Email (privacy): privacy@custodyproof.com

Mail: Custody Proof, PMB 260, 2121 Lohmans Crossing Rd, Ste 504, Lakeway, TX 78734