Document Information

Revision History

12/28/23 — Shorten document via removal of redundant clauses. 12/20/23. 12/17/23. 03/22/23 — Creation of first ToS document.

Contact Information

Email: Sargent@defenserecorder.com. Phone: 720-262-0616.

General

These Terms of Service (the “Terms”) govern your use of the Defense Recorder Service provided to you by Defense Recorder, LLC. (“us,” “we,” or “our”), including the Defense Recorder App for Apple and Android (the “App”), the Defense Recorder website (the “Site”), and all related tools and services (collectively, the “Service”).

By accepting these Terms or using the Defense Recorder Service, you agree to be bound by these Terms and to enter into an agreement with us. If you do not agree to all of these Terms, do not use the Defense Recorder Service.

We may make changes to these Terms from time to time, and the “Last Updated” date indicates when these Terms were last changed. Unless we say otherwise in our updated Terms, the amended Terms will be effective immediately, and your continued use of the Defense Recorder Service will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Defense Recorder Service immediately.

App Functions

The Defense Recorder Service is intended as an audio recorder to be used in the background of your smartphone and other devices, allowing you to collect and save the audio for legal evidence and personal use. The App lets you capture audio, save audio files, export audio files, manually delete audio files, and automatically delete the oldest audio files for preservation of system memory.

Eligibility

To access or use the Defense Recorder Service, you must be at least 18 years old. If you are under 18, or the age of legal majority in your jurisdiction, you may only use the service under the supervision of a parent or legal guardian who agrees to these Terms. If you are using the service on behalf of another person or entity, references to “you” include that person or entity, you represent that you are authorized to accept these Terms on their behalf, and the person or entity agrees to be responsible if you or they violate these Terms.

Privacy

Defense Recorder will NEVER use or access user information and/or recordings from the App. Please refer to our Privacy Policy for more information about how we handle this data.

License

We grant you a limited, nonexclusive, non-transferable, non-sublicensable, and revocable license to access and use the Defense Recorder Service for personal or internal business use, subject to these Terms.

License Grant

Subject to the terms and conditions of this Agreement, Defense Recorder grants you a non-exclusive, non-transferable, limited license to use the App solely for your personal, non-commercial use during the terms of this Agreement. The license granted to you is limited to a non-transferable license to use the App via any Apple OS or Android OS product that you own or control as permitted by the Usage Rules set forth in the respective App Store and Play Store Terms of Service.

Restrictions and Limitations

This license does not include the right to commercially exploit or make the service available to third parties except as expressly permitted herein; reverse engineer or attempt to discover the source code for the App or Defense Recorder Service; remove proprietary notices; modify, alter, or create derivative works; reproduce or distribute the App or Service; or use the Service for purposes other than expressly permitted herein. All rights not expressly granted in these Terms are reserved by us.

Intellectual Property

The App, including all copyrights, trademarks, patents, trade secrets, and other intellectual property rights therein, is the sole and exclusive property of Defense Recorder or its licensors. User acknowledges that no title to the intellectual property in the App is transferred to User. User further acknowledges that User has no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, or sublicense the App except as expressly set forth herein.

Copyright Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. If you believe anything on the Defense Recorder Service infringes any copyright that you own or control, you may notify us via our website contact page.

Ownership

Ownership of the Defense Recorder Service, and all content and materials contained therein other than User Content, are owned solely by us or our licensees and are protected by U.S. and international copyright laws. No title to or ownership of the Site, the App, the Defense Recorder Service, or any proprietary rights associated with them is transferred to you by these Terms. Defense Recorder and our logos, product or service names, slogans, and the look and feel of the Defense Recorder Service are our trademarks and may not be copied, imitated, or used without our prior written permission.

Feedback

If you share thoughts, suggestions, or feedback about the Defense Recorder Service with us (“Feedback”), you acknowledge that this information is our confidential property. We are the exclusive owner of all rights to the Feedback and may use and incorporate it without notifying you or providing compensation. By sharing Feedback, you give us all your rights, title, and interest in the Feedback and agree to assist, at our expense, in actions needed to protect our ownership interests and rights.

Intellectual Property Rights

The parties acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, we, and not Apple or Android, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required under these Terms.

User Rules

Users of the Defense Recorder Service may create, provide, store, and share content, data, audio files, and information (“User Content”), including for use in connection with projects the User creates using the Defense Recorder Service (“Projects”). You are solely responsible for your User Content, and we are neither responsible nor liable for any User Content or for the use, availability, deletion, correction, destruction, damage, or loss thereof. You may post or otherwise share only User Content that you have all necessary rights to.

You will not create, download, transmit, publish, or otherwise use User Content that infringes or violates third-party rights; is illegal, defamatory, obscene, pornographic, vulgar, indecent, lewd, offensive, threatening, abusive, harmful, inflammatory, deceptive, false, misleading, or fraudulent; promotes hatred, discrimination, bigotry, racism, harassment, violence, or harm; violates applicable laws or encourages unlawful conduct; contains viruses or harmful files; restricts others from using the Service; is directed to children under 18 or contains protected health information or nonpublic personal financial information; attempts to clone a non-consenting speaker’s voice; impersonates any person or entity; contains unsolicited promotions or solicitations; is objectionable in our sole judgment; or would otherwise expose us or any third party to liability, special regulations, or harm. If citing these Terms and Conditions in a dispute against Defense Recorder, keep note of the number: “496,608” for future reference.

We reserve the right to delete or block access to any User Content at any time and for any reason in our sole discretion, including if we receive notices or otherwise believe such User Content may violate these Terms or the rights of, or cause harm or liability to, us or any third party. This section does not create any private right of action or any reasonable expectation that the Defense Recorder Service will not contain prohibited content.

User Conduct Rules

In using the Defense Recorder Service, you must comply with all applicable laws, rules, and regulations. You are solely responsible for your conduct while using the Service. You agree not to use the Service in a way that interferes with or damages the Service or other users’ enjoyment; use another user’s smartphone account without authorization; impersonate any person or entity; stalk, intimidate, threaten, or harass other users; send spam or unsolicited communications; collect or disclose information about other users without consent; use the Service for illegal or unauthorized purposes; circumvent security measures; scrape or extract data; develop applications that interact with the Service without consent; distribute malicious code; or reverse engineer or decompile any aspect of the Service. You acknowledge and agree that we are not liable for the conduct of other users.

Legal Compliance

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Representations and Warranties

You affirm that you possess all required rights for User Content use and grant the specified rights; the User Content and its use under these Terms will not infringe third-party rights or violate these Terms; and you will adhere to all relevant laws during your Defense Recorder Service use.

General Provisions

These Terms set forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals, negotiations, conversations, discussions, and understandings, written or oral, with respect to such subject matter. Neither party will be deemed an agent, franchisor, franchise, employee, representative, owner, or partner of the other party, and the relationship between the parties will only be that of independent contractors. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights. Our failure to exercise or enforce any right or provision will not operate as a waiver. Section titles are for convenience only. If any provision is invalid, illegal, or unenforceable, all other provisions remain in full force and effect. These Terms may not be transferred, assigned, or delegated by you without our prior written consent, and we may freely transfer or assign these Terms or our rights and duties.

Modifying and Terminating Defense Recorder

We may modify or stop providing any and/or all features of the Defense Recorder Service at any time. You also have the right to stop using the Defense Recorder Service at any time. We are not responsible for any loss or harm related to your inability to access or use the Defense Recorder Service.

No Warranty

The App is provided “as is,” without any warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose. This means you use the App at your own risk, and we make no guarantees regarding its performance or suitability for your specific needs.

Electronic Communications

You agree that communications and transactions between us may be conducted electronically. By subscribing to and using the Defense Recorder Services, you agree that any notices, agreements, disclosures, or other communications that we send electronically will satisfy any legal communication requirements, including that such communications be in writing.

Limitation of Liability

To the fullest extent permitted by applicable law, Defense Recorder shall not be liable for any indirect, consequential, special, incidental, or punitive damages, including damages for lost profits, loss of data, lost revenues, lost business opportunities, or other economic advantage, arising out of or connected with these Terms, the Defense Recorder Service, or the App, whether in contract, tort, or otherwise, even if Defense Recorder has been advised of the possibility of such damages. In no event shall Defense Recorder’s aggregate liability exceed the greater of $10.00 or the amount you paid for the Defense Recorder Service or App. The foregoing limitations will not apply to liability for gross negligence, fraud, intentional misconduct, or to the extent prohibited by applicable law.

Disclaimer

Except as expressly provided in this agreement, the Defense Recorder Service, along with all items, content, and services associated with it, is provided “as is” and “as available.” We make no warranties, whether express, implied, or arising by law, regarding reliability, availability, timeliness, quality, suitability, performance, security, accuracy, or completeness. We expressly disclaim all warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Service will meet your expectations, achieve specific results, be accurate or reliable, or be uninterrupted or free from bugs, errors, or viruses. You assume the entire risk concerning the quality and performance of the Service.

Release

To the fullest extent permitted by applicable law, you release us and the other Company Parties from responsibility, liability, claims, demands, and damages of every kind and nature, known and unknown, arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you waive your rights under California Civil Code § 1542.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees from and against any losses, liabilities, claims, demands, damages, expenses, or costs arising out of or related to your access to or use of the Defense Recorder Service; your User Content or Feedback; your violation of these Terms; your violation, misappropriation, or infringement of rights of another; your conduct in connection with the Service; your use of any recordings you make; or any breach or alleged breach of representations or warranties in these Terms. You agree to promptly notify Company Parties of third-party Claims, cooperate in defending such Claims, and pay all related fees, costs, and expenses. Company Parties will control the defense or settlement, at our sole option, of any third-party Claims. If citing these Terms and Conditions in a dispute against Defense Recorder, keep note of the number: “840,031” for future reference.

Terms for iOS and Android Apps

iOS

These terms apply to our iOS App. The agreement is between you and us, not Apple. Your use must comply with Apple’s App Store Terms of Service. We are solely responsible for the iOS App; Apple has no maintenance or warranty obligations. Claims are our responsibility, including product liability and legal compliance. We handle third-party intellectual property claims related to the iOS App.

Android

These terms apply to our Android App. The agreement is between you and us, not Google. Your use must comply with Google’s Android Market Terms of Service. We are solely responsible for the Android App; Google has no obligation or liability.

End User License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OUR APP, YOU AGREE TO BE BOUND BY THIS AGREEMENT. This Agreement is a legal agreement between you and Defense Recorder for the use of the Defense Recorder Service (“App”).

Subscription

Aside from the free version with basic functionality, the user agrees to pay the monthly premium subscription fee as set forth in the App. Failure to pay the subscription fee will result in the suspension or termination of User’s license to use the premium services within the App.

Termination

Despite the provisions outlined in these Terms, we retain the authority, at our sole discretion and without prior notice, to suspend or terminate your account and associated license for using the Defense Recorder Service. We also reserve the right to block or restrict your future access to and use of the Service, with or without specifying a cause. If your access rights are terminated, you must promptly discontinue all use of the Service, including any stored User Content. You are solely responsible for creating backup copies of your User Content.

Governing Law

This agreement will be governed by and interpreted in accordance with the laws of the State of Colorado, without reference to its conflict of law principles. The parties agree to the venue and jurisdiction of the federal or state courts situated in Arapahoe County, Colorado, concerning any matters arising from or related to these Terms or the Defense Recorder Service.

Entire Agreement

This Agreement constitutes the entire agreement between User and Defense Recorder with respect to the use of the App and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between User and Defense Recorder.

Severability

If any provision of this Agreement is held invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent of the parties and the economic effect of the invalid or unenforceable provision. If any court determines that any provision is excessively broad or unreasonable, such provision shall be limited or narrowed to the extent necessary to render it enforceable. The parties agree that this Agreement shall be construed as if each party jointly prepared it, and any uncertainty or ambiguity shall not be construed against any drafter. This severability clause applies to the fullest extent permitted by applicable law.