Terms of Service

LAST UPDATED AUGUST 6, 2026

These Terms of Service (the "Terms") are a legal agreement between you and Evidentiary Solutions, LLC, a Florida limited liability company ("Evidentiary," "we," "us"), governing your use of the Evidentiary application for Mac, including all updates, bundled documentation, and related features (the "App"). By downloading, installing, or using the App you agree to these Terms. If you do not agree, do not use the App.

If you use the App on behalf of a law firm or other organization, you represent that you have authority to bind that organization, and "you" includes it.

1. What the App Is — and Is Not

Evidentiary is presentation and case-organization software for litigation professionals: it organizes exhibits, deposition video, and transcripts, and displays them in the courtroom. It is a tool, not a lawyer.

• The App does not provide legal advice. No output of the App — including assistant answers, summaries, transcriptions, text recognition, transcript synchronization, redaction suggestions, or admission-status tracking — is legal advice, and no attorney–client relationship is created with Evidentiary.
• You remain solely responsible for your professional obligations. Decisions about what to show a judge or jury, what has been admitted or excluded, what must be redacted or sealed, and compliance with court rules, protective orders, and rules of professional conduct rest entirely with you. Features that help with these tasks (such as the evidence lock, admission board, redaction assistant, and pre-trial check) are conveniences, not safeguards you may rely on in place of your own review.
• Automated output can be wrong. Speech-to-text, text recognition (OCR), transcript synchronization, and AI-assisted features are probabilistic and produce errors. Verify all output before relying on it in any proceeding.

2. License

Subject to these Terms and your payment of any applicable subscription fees, Evidentiary grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on Apple-branded devices that you own or control, as permitted by the App Store Usage Rules. The App is licensed, not sold.

You may not, except to the extent applicable law expressly permits despite this limitation: (a) copy, modify, or create derivative works of the App; (b) reverse engineer, decompile, or attempt to extract the source code of the App; (c) rent, lease, sell, sublicense, or redistribute the App; or (d) circumvent, disable, or interfere with the App's subscription or licensing mechanisms.

3. Subscriptions

Certain features require a paid auto-renewable subscription purchased through the Apple App Store.

• Subscriptions renew automatically until cancelled. Your Apple account is charged at confirmation of purchase and again at the start of each renewal period, at the price shown at purchase (or as subsequently changed with the notice Apple requires).
• You can manage or cancel a subscription at any time in your App Store account settings. Cancellation takes effect at the end of the current billing period; to avoid renewal, cancel at least 24 hours before the period ends.
• Billing, payment, and refunds are handled by Apple under Apple's terms. Refund requests must be directed to Apple.

4. Your Case Materials Stay Yours — and Stay on Your Mac

You retain all rights in the documents, video, transcripts, annotations, and other materials you load into or create with the App ("Your Content"). These Terms give us no rights in Your Content.

The App is designed to work entirely on your Mac: case files are stored locally in packages you choose, and speech recognition, text recognition, and assistant features run on-device. The App does not transmit Your Content to Evidentiary, and we operate no server that receives it. (Purchases and subscription status are handled by Apple; if you choose to store case files in a cloud-synced folder such as iCloud Drive or Dropbox, that syncing is between you and that provider, under its terms.)

Because Your Content exists only where you put it, you are solely responsible for backups. You are also solely responsible for ensuring that your possession and use of Your Content is lawful — including compliance with confidentiality obligations, protective orders, sealing orders, and data-protection requirements that apply to the materials in your cases.

5. Courtroom Use Is at Your Own Risk

Litigation happens in real time, on hardware, displays, cables, and operating-system versions we do not control. While the App includes features intended to reduce risk (such as the pre-trial check), we do not promise that the App will be uninterrupted, error-free, or fit for any particular hearing, and you should test your full courtroom setup — including every case file you intend to present — before you need it. Presenting untested files or equipment in court is at your sole risk.

6. Intellectual Property

The App, including its software, design, and documentation, is owned by Evidentiary Solutions, LLC and its licensors and is protected by copyright and other intellectual-property laws. Except for the license in Section 2, no rights are granted to you. Third-party components bundled with the App are listed, with their licenses, under Help → Third-Party Licenses. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EVIDENTIARY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY, AND ANY WARRANTY THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OUTPUT (INCLUDING TRANSCRIPTION, TEXT RECOGNITION, SYNCHRONIZATION, OR AI-ASSISTED OUTPUT) WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) EVIDENTIARY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF BUSINESS, ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS, INCLUDING WITHOUT LIMITATION ANY ADVERSE LITIGATION OUTCOME, MISTRIAL, SANCTION, DISCIPLINARY ACTION, MALPRACTICE CLAIM, DISCLOSURE OF CONFIDENTIAL OR EXCLUDED MATERIAL, OR LOSS OF CASE FILES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND (B) EVIDENTIARY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR FIFTY U.S. DOLLARS (US$50). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

9. Indemnification

You will indemnify and hold harmless Evidentiary Solutions, LLC and its members, officers, and agents from and against claims, damages, and expenses (including reasonable attorneys' fees) arising out of Your Content, your use of the App in violation of these Terms, or your violation of law or of the rights of a third party — including any breach of a confidentiality obligation, protective order, or court order relating to materials you handle with the App.

10. Apple App Store Terms

These Terms are between you and Evidentiary Solutions, LLC only — not Apple Inc. ("Apple"). Apple is not responsible for the App or its content. The following terms apply because the App is distributed through the Apple App Store:

• Evidentiary, not Apple, is solely responsible for the App and for maintenance and support of it. Apple has no obligation to furnish any maintenance or support for the App.
• In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Evidentiary's responsibility to the extent stated in these Terms.
• Evidentiary, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your use of it, including product-liability claims, claims that the App fails to conform to a legal or regulatory requirement, and consumer-protection or similar claims.
• In the event of a third-party claim that the App or your use of it infringes that third party's intellectual-property rights, Evidentiary, not Apple, is responsible for the investigation, defense, settlement, and discharge of the claim to the extent required by these Terms.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

11. Termination

These Terms remain in effect until terminated. Your license ends automatically, without notice, if you materially breach these Terms; you may terminate at any time by deleting the App. Sections 1 and 4 through 15 survive termination.

12. Changes to the App and to These Terms

We may modify, add, or remove App features over time. We may also revise these Terms; the current version ships inside the App (Help → Terms of Service) and is posted at https://evidentiary.app/terms.html, with its "Last updated" date changed. Material changes will be highlighted in the App's release notes. Your continued use of the App after a revision takes effect constitutes acceptance of the revised Terms; if you do not accept them, stop using the App and cancel any subscription.

13. Governing Law and Venue

These Terms, and any dispute arising out of or relating to them or the App, are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws rules. The state and federal courts located in Florida have exclusive jurisdiction over any such dispute, and each party consents to personal jurisdiction and venue there. Nothing in this section overrides any consumer-protection rights you have under the mandatory law of the place where you live.

14. Miscellaneous

These Terms (together with Apple's App Store terms applicable to your purchase) are the entire agreement between you and Evidentiary regarding the App and supersede all prior understandings on that subject. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. You must comply with all applicable U.S. and foreign export-control laws in your use of the App.

15. Contact

Questions about these Terms or the App: Support@evidentiarysolutions.com

Evidentiary Solutions, LLC, Florida, United States.