Terms of Service
1. Agreement to terms
These Terms of Service ("Terms") are a binding agreement between you (and, if applicable, the organization you represent, "Customer," "you") and PROVE iT! Forensics, LLC ("TAMPERLOGS," "we," "us"), governing your access to and use of the website at tamperlogssecurity.com, the waitlist, and the TAMPERLOGS platform (collectively, the "Service"). By creating an account, joining the waitlist, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
2. The Service; pre-launch status
TAMPERLOGS is currently in a pre-launch, research-and-roadmap phase. Features, pricing, and availability described on the Site are subject to change without notice, and joining the waitlist does not guarantee access, a specific price, or a specific launch date. Once generally available, the Service will provide audit logging and chain-of-custody tracking functionality as described in the applicable order form or product documentation.
3. Accounts
You must provide accurate registration information and are responsible for activity under your account and for maintaining the confidentiality of your credentials. Notify us promptly at legal@tamperlogssecurity.com of any unauthorized use.
4. Subscriptions, fees, and billing
- TAMPERLOGS is offered under PROVEiT! Flex pricing: a recurring monthly platform fee plus the tracked-asset capacity, active storage, and user accounts you select, with commitment-term discounts, as described on our pricing page at the time of purchase, and may change prospectively with notice. There is no separate startup, activation, or setup fee.
- Except as required by law or expressly stated in an order form, fees are non-refundable.
- Annual and semiannual commitments are billed in advance for the term, at the discounted rate shown on the pricing page.
- We may suspend access for non-payment after notice.
5. Customer Data and custody records
"Customer Data" means data, records, and files you or your users submit to the Service, including custody events, timestamps, and attachments.
You retain ownership of Customer Data. You grant us a license to host, process, and transmit Customer Data solely to provide, secure, and support the Service.
You are solely responsible for the accuracy, legality, and appropriateness of Customer Data, and for having all rights and consents necessary to submit it.
The Service is a tool to help you create and preserve custody records; it is your responsibility to determine whether records produced by the Service meet the evidentiary, regulatory, or procedural requirements of any court, agency, or standard applicable to your use case.
6. Evidentiary and reliability disclaimer
TAMPERLOGS provides tools to record and preserve custody and audit information as reported by you and your users. We do not independently verify the accuracy of information entered into the Service, do not act as a notary or certifying authority unless expressly stated, and make no representation that any record, report, or export will be accepted as evidence or satisfy the requirements of any court, regulator, or standard (including but not limited to admissibility standards under applicable rules of evidence). You are responsible for independently validating that your use of the Service meets your legal and regulatory obligations.
7. Acceptable use
Your use of the Service is subject to our Acceptable Use Policy, incorporated into these Terms by reference.
8. Intellectual property
We retain all right, title, and interest in and to the Service, including all software, branding, and documentation. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service during your subscription term for your internal business purposes.
9. Confidentiality
Each party will protect the other's non-public information disclosed in connection with the Service using at least the same care it uses for its own similarly sensitive information, and will not use such information outside the purpose of this agreement.
10. Term, suspension, and termination
These Terms remain in effect while you use the Service or maintain an active subscription. We may suspend or terminate access for breach of these Terms or the AUP, non-payment, or legal/security necessity. Upon termination, your right to access the Service ends; we will make Customer Data available for export for a limited period as described in your order form or, absent one, for 30 days, after which it may be deleted.
11. Warranties and disclaimers
EXCEPT AS EXPRESSLY STATED IN AN ORDER FORM, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA, ARISING FROM THESE TERMS OR THE SERVICE. EACH PARTY'S TOTAL LIABILITY WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
[Liability cap and carve-outs (e.g., confidentiality breach, indemnification, gross negligence) should be set by counsel based on risk tolerance and insurance coverage; the above is a starting placeholder.]
13. Indemnification
You agree to indemnify and hold us harmless from third-party claims arising from your breach of these Terms, misuse of the Service, or Customer Data, except to the extent caused by our breach of these Terms.
14. Governing law; disputes
These Terms are governed by the laws of [state of incorporation / governing-law jurisdiction], without regard to conflict-of-laws principles. [Arbitration/venue clause to be added per counsel.]
15. Changes to the Service or Terms
We may modify the Service or these Terms; material changes to the Terms will be notified via the Site or email, and continued use after the effective date constitutes acceptance.
16. General
These Terms, together with the AUP and any order form, are the entire agreement between the parties regarding the Service. If any provision is unenforceable, the remaining provisions remain in effect. You may not assign these Terms without our consent; we may assign in connection with a merger, acquisition, or sale of assets.
17. Contact
PROVE iT! Forensics, LLC, [company registered address], legal@tamperlogssecurity.com