DocuSAFE Terms of Service (ToS)
The National Network to End Domestic Violence (NNEDV) designed the DocuSafe mobile application (App) to help victims of domestic violence, sexual assault, stalking, dating violence, and online harassment/stalking document the technology abuse, harassment, and stalking they are experiencing. The App may be used to store this documentation on a device and/or in a file in your personal cloud account, and to share the documentation with someone you trust.
We have designed the App with your security and privacy in mind and a PIN that must be entered to access the App. However, we cannot guarantee the protection of the documentation that you store on your device or in your cloud account since we do not store or backup your documentation. It is possible that there may be errors or malfunctions in the App which we will work to correct as we become aware of them, and as we are able to. Keep in mind, that when you share documentation with someone else, they will have control over what you shared with them. Finally, we cannot guarantee that documentation stored or shared by the App will be admissible in court or that it will be accepted by law enforcement, attorneys, or other officials.
This App is not intended for illegal or illicit purposes nor is it permissible to use this App to threaten or cause harm to another person.
While we have worked to provide accurate and helpful information in the App, information may be incorrect, become outdated, or may not apply where you live. We have also provided links to other organizations that you can contact for information or help. NNEDV does not make any representations, sponsor, or endorse the materials appearing in links within the App. NNEDV is not responsible for, and does not have any control over, the services or information provided by those organizations.
By accessing or using the App, you agree to be bound by the terms and conditions defined below. If you do not agree, you should not access or use the App.
Terms and Conditions
We are not responsible for Content (any documentation or evidence that consists of pictures, videos, screencasts, screenshots, text or email messages, or any other formats) that was uploaded to, attempted to be uploaded to, or deleted from the Mobile Application. In no event shall we be held liable for any loss of any Content. Documentation logs created in the app will be automatically backed up to the cloud account that is connected at set up. Content uploaded into the app may also exist on the device storage if pulled from the gallery. It is your sole responsibility to maintain appropriate backup of your Content. Users will use their personal cloud storage, associated with their Google or Apple account. This app is built so that you have added privacy and confidentiality. Any content or documentation that you upload to the App is not accessible to NNEDV. NNEDV cannot access to your information, share your information, nor retrieve it if it gets deleted. You are solely in control of your documentation and all information you enter into the App.
Links to Other Organizations or Affiliates
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content for any or all of the following uses: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that might affect the functionality or operation of the App or of any mobile application, or the Internet; (h) to collect or track the personal information of others without their express consent; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the App or any mobile application, or the Internet. We reserve the right to terminate your use of the App or any NNEDV-related mobile application for violating any of the prohibited uses.
Intellectual Property Rights
This Agreement does not transfer to you or to anyone else any intellectual property owned by National Network to End Domestic Violence or owned by any third parties linked to on the App, and all rights, titles, and interests in and to such NNEDV-related intellectual property will remain (as between the parties) solely with National Network to End Domestic Violence. All trademarks, service marks, graphics, and logos used in connection with the Mobile Application DocuSAFE or its services, are trademarks or registered trademarks of the National Network to End Domestic Violence or the National Network to End Domestic Violence’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or services may be the trademarks of other third parties. Your use of our Mobile Application and services grants you no right or license to reproduce or otherwise use any of the National Network to End Domestic Violence’s trademarks or third parties’ trademarks.
Disclaimer of Warranty
You agree that your use of the Mobile Application DocuSAFE and/or its services is solely at your own risk. You agree that the App is provided on an "as is" and "as available" basis and that NNEDV is not responsible for any damage or loss that occurs due to your usage of the App or your inability to use or access the App. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the App will meet your requirements, or that the App’s availability will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the App or as to the accuracy or reliability of any information obtained through the App or that defects in the App will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of App is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from us or through the App shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the National Network to End Domestic Violence, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable to any person, business, organization, or other entity for (a): any damages caused by using or accessing the App or by the inability to do so, including, but not limited to, indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for physical or emotional harm, loss of life, any negative impact on court proceedings or other legal or official proceedings, any damage to a phone, tablet, computer, or other device that may occur from downloading or using the App) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the National Network to End Domestic Violence has been advised as to the possibility of such damages or could have foreseen such damages.
You agree to indemnify and hold the National Network to End Domestic Violence and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to any content or documentation that you upload to the App or otherwise associate with the App, your use of the Mobile Application or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Washington, DC, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Washington DC, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of our rights or obligations hereunder, in whole or in part, to any third-party as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its policies relating to the Mobile Application at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By downloading, accessing, or using the Mobile Application DocuSAFE you agree to be bound by this Agreement and recognize it as a legally binding contract. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application.
If you would like to contact NNEDV to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via WomensLaw Email Hotline.
This document was last updated on April 13, 2020.