ProofNest End User License Agreement

This End User License Agreement (“Agreement”) is a legal agreement between you (“you” or the “End-User”) and NerdSnipe Inc. (“we,” “us,” or “our”), a company based in Ottawa, Ontario, Canada, governing your use of the ProofNest mobile application (the “Licensed Application”), including any updates, documentation, and related services.

By downloading, installing, or using ProofNest, you agree to be bound by this Agreement. If you do not agree, do not download, install, or use the app.

This Agreement is concluded between you and NerdSnipe Inc. only, and not with Apple Inc. (“Apple”) or, where ProofNest is distributed through Google Play, Google LLC (“Google”). NerdSnipe Inc., not Apple or Google, is solely responsible for ProofNest and its content.

This Agreement does not reduce any rights guaranteed to you under Apple's or Google's respective terms of service for their app marketplaces, and where any term here conflicts with the App Store Terms of Service or Google Play Terms of Service, the applicable marketplace terms govern your relationship with Apple or Google.

Subject to your compliance with this Agreement, NerdSnipe Inc. grants you a limited, non-exclusive, non-transferable, revocable license to download and use one copy of ProofNest on any Apple-branded product or Android device that you own or control, as permitted by the Usage Rules set out in the applicable app marketplace's terms of service (including, for Apple devices, the App Store Terms of Service).

This license permits use of ProofNest on multiple devices you own or control, and via Family Sharing or volume purchasing where the applicable marketplace makes those features available. No other use is permitted.

You agree not to, and not to permit others to:

• Copy, modify, or create derivative works of ProofNest;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of ProofNest, except to the extent applicable law expressly permits despite this restriction;
• Rent, lease, lend, sell, redistribute, or sublicense ProofNest;
• Remove, alter, or obscure any proprietary notice on ProofNest or use NerdSnipe Inc.'s or ProofNest's trademarks without written permission;
• Use ProofNest to violate any applicable law, or to create or store content that infringes a third party's rights.

ProofNest stores the photos, GPS data, case details, and other records you create (your “Content”) locally on your device by default, as described in the Privacy Policy. You retain all ownership rights in your Content. NerdSnipe Inc. does not claim any ownership interest in your Content and, except where you explicitly use an optional feature that transmits data to a third-party service, does not have access to it.

You are solely responsible for your Content and for ensuring you have the right to capture, store, and share it, including obtaining any consents required to photograph people, property, or locations.

ProofNest is a documentation and organization tool. It is designed to help you capture, timestamp, and structure evidence, and to generate template or AI-assisted correspondence. It does not provide legal advice, does not create a lawyer-client relationship, and is not a substitute for consulting a licensed attorney.

We do not guarantee that documentation created with ProofNest, including blockchain-sealed hashes or AI-generated demand letters, will be accepted as evidence, will be legally sufficient, or will produce any particular outcome in any dispute, claim, or proceeding. You are solely responsible for how you use ProofNest's output and for seeking independent legal counsel where appropriate.

ProofNest offers a free tier, one-time per-case unlocks, and auto-renewing Pro subscriptions (monthly and yearly), which unlock unlimited cases, AI-assisted demand letters, and blockchain sealing. Prices are shown in the app and in your app marketplace's purchase confirmation before you buy.

Subscription payment is charged to your Apple ID or Google account at confirmation of purchase. Subscriptions automatically renew for the same duration and at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage or cancel a subscription, and turn off auto-renewal, at any time in your Apple ID or Google account settings; cancellation takes effect at the end of the current billing period.

Purchases and refunds are processed entirely by Apple or Google under their own terms. NerdSnipe Inc. does not process payments directly and cannot issue refunds on Apple's or Google's behalf. See the support page for refund instructions.

NerdSnipe Inc. is solely responsible for providing any maintenance and support for ProofNest. Apple and Google have no obligation whatsoever to furnish any maintenance or support services for ProofNest. To the extent there is any warranty for ProofNest, that warranty is provided solely by NerdSnipe Inc. as set out in Section 9, and not by Apple or Google. For support, contact us via the ProofNest support page.

ProofNest is provided “as is” and “as available,” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by applicable law.

In the event of any failure of ProofNest to conform to any applicable warranty that cannot be lawfully disclaimed, you may notify Apple or Google, as applicable, and the purchase price for ProofNest (if any) will be refunded to you. To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to ProofNest, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to a warranty will be NerdSnipe Inc.'s sole responsibility.

NerdSnipe Inc., not Apple or Google, is responsible for addressing any claims by you or any third party relating to ProofNest or your possession or use of it, including: (a) product liability claims; (b) any claim that ProofNest fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with ProofNest's data handling practices described in the Privacy Policy.

ProofNest, including all associated intellectual property rights, is the property of NerdSnipe Inc. and its licensors. Apple and Google have no ownership interest in ProofNest.

In the event of any third-party claim that ProofNest, or your possession and use of ProofNest, infringes that third party's intellectual property rights, NerdSnipe Inc., not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim.

You represent and warrant that:

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

You are also responsible for complying with any export or import laws applicable to your use of ProofNest in your jurisdiction.

When you use ProofNest, you must comply with the terms of any applicable third-party agreement, such as your wireless data service agreement and the terms of any third-party service ProofNest's optional features connect to (for example, Anthropic's API for AI-assisted letters, or the OpenTimestamps calendar server for blockchain sealing), as described in the Privacy Policy.

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of it.

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically, without notice, if you fail to comply with any of its terms. Upon termination, you must stop all use of ProofNest and delete it from your devices. Sections that by their nature should survive termination (including Sections 9, 10, 11, 16, 17, and 18) will survive.

To the maximum extent permitted by applicable law, NerdSnipe Inc. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or business opportunity, arising out of or relating to your use of ProofNest, even if advised of the possibility of such damages. NerdSnipe Inc.'s total aggregate liability arising out of or relating to this Agreement or ProofNest will not exceed the amount you paid NerdSnipe Inc. (net of any amount retained by Apple or Google) for ProofNest in the twelve months preceding the claim, or CAD $50 if you have not made any payment. Nothing in this Agreement limits liability that cannot be limited under applicable law.

You agree to indemnify and hold harmless NerdSnipe Inc. from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your breach of this Agreement, your Content, or your use of ProofNest in violation of applicable law or a third party's rights.

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You and NerdSnipe Inc. agree to first attempt to resolve any dispute informally by contacting us. If a dispute is not resolved informally within 30 days, it will be subject to the exclusive jurisdiction of the courts located in Ottawa, Ontario. This section does not limit any consumer protection rights you may have under the mandatory laws of your country of residence.

We may update this Agreement from time to time, for example to reflect new features or legal requirements. When we do, we will revise the “Last updated” date at the top of this page and, for material changes, provide notice through the app or its App Store/Google Play listing. Continued use of ProofNest after an update constitutes acceptance of the revised Agreement.

Questions, complaints, or claims regarding ProofNest should be directed to NerdSnipe Inc., not Apple or Google:

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and NerdSnipe Inc. regarding ProofNest and supersedes any prior agreements on the subject. If any provision of this Agreement is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.