Last Updated: May 30, 2024
This Privacy Policy (“Policy”) for CASE CRAFTER AS (“Company” “we,” “us,” or “our”), describes how and why we might collect, store, use, and/or share (“process”) your information when you register to use the Case Crafter Application (the “Application”) or otherwise engage with us in other related ways. Reading this Policy will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use the Application. If you still have any questions or concerns after reading this Policy, please contact us at privacy@casecrafter.com.
In addition to the foregoing, we may use and process your information to comply with our legal obligations, respond to lawful requests or court orders, defend our legal rights and enforce our terms and conditions including our End User License Agreement (EULA). This includes protecting our rights, safety, and property, as well as the rights, safety, and property of our users or any other third parties. We may aggregate and anonymize your information to create statistical or aggregated data that does not personally identify you. This aggregated and anonymized data may be used for various purposes, such as analyzing usage patterns, generally improving the Application, or conducting market research.
We will uphold the rights and protections afforded by the GDPR. Users are encouraged to review this Policy for comprehensive details on the legal bases for processing Personal Data, including their rights and options in managing their Personal Data within the Application.
We will never sell or rent your Personal Data to third-party marketers. We will only share your information with third parties when necessary and in accordance with this Policy. We take steps to ensure that any third-party service providers we work with maintain appropriate security measures to protect your information. If you have any questions about how we share your information, please don’t hesitate to contact us.
If you wish to exercise any of these rights, please contact us using the methods outlined in the “Contact Us” section of this Policy. We will respond to your request within a reasonable timeframe, typically within one month. We may request additional information to verify your identity before processing your request. This is a security measure to ensure that your Personal Data is only disclosed to authorized individuals. Please note that this Policy applies to the Personal Data we collect and process directly through the Application. We do not have control over the data collection practices of third-party websites linked from the Application.
Last Updated: May 30, 2024
This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a corporate legal entity), the End User, and Case Crafter AS, a Norwegian incorporated Limited Liability Company with Norwegian organization number 927 076 942 and registered business address at Østre Tromøyvei 901, N-4812 Kongshavn, Norway (hereinafter “Case Crafter or We or Us”), regarding your use of the Case Crafter application (“Application”), which includes computer software and may include associated media, printed materials, and online or electronic documentation. For purposes of this EULA “you” means the person accepting the terms of this EULA.
1. Binding Terms
1.1. You have or the firm you are employed by has entered into a contract with us for access to and use of the Application as defined above. By downloading and or using the Application, you confirm that you have read, understood, and agree to these terms, and that an enforceable contract comes into force between you and us. If you do not agree to this EULA, you must not use the Application.
1.2. BY ACCESSING OR USING THE SOFTWARE, BY REGISTERING FOR AN ACCOUNT ON THE APPLICATION, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I AGREE” OR SOMETHING SIMILAR, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY WHICH IS HEREBY INCORPORATED INTO THIS EULA BY REFERENCE. IF YOU HAVE ANY QUESTIONS, DOUBTS, OR CONCERNS, PLEASE CONTACT US AT support@casecrafter.com.
1.3. We may change the terms of this EULA from time to time. If we do, we will publish the updated terms on our website and notify you through the Application, on our website, by email, or otherwise. The updated terms will come into effect when you first use the Application after we have published the updated terms.
2. Covered Products
This EULA applies to the Application and any other Case Crafter product referenced in our services agreement or added to the EULA from time to time.
3. License Grant and Restrictions
3.1. Subject to and conditioned upon your continued compliance with all the terms and conditions of this EULA, we grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable and limited license to download, install, and use the Application during the Term in accordance with this EULA. This license is granted to individual users, and each license permits the use of the Application on multiple devices owned or operated by the same user.
3.2. You are authorized to: (i) Install and activate the Application on authorized computers or mobile devices for your individual use; (ii) Use the Application to create, edit, organize and present case materials or such other use as may be permitted by this EULA; and (iii) Utilize the Application’s features for courtroom presentations, including displaying evidence and multimedia content.
3.3. You are expressly prohibited from:
3.3.1. Sub-licensing, Transfer, or Assignment: You may not sub-license, transfer, or assign your license rights to the Application to any third party without our prior written consent.
3.3.2. Reverse Engineering or Decryption: You may not attempt to reverse engineer, decompile, disassemble, or decrypt the Application or any portion thereof.
3.3.3. Modification: You may not modify, adapt, or create derivative works based on the Application.
3.3.4. Copying: You may not create unauthorized copies of the Application or its documentation.
3.3.5. Unauthorized Access: You may not access or use the Application in any way that violates the terms of this EULA or applicable law.
3.3.6. Competition: You will not develop, create, distribute, or offer software that competes with the Application in functionality or purpose or that utilizes the name “Case Crafter” or any confusingly similar trademarks or logos.
3.3.7. Circumvention: You will not circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Application and/or the content contained therein.
3.3.8. Spyware: You will not upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘PCMS’).
3.4. You are responsible for maintaining the security and confidentiality of all data stored or processed using the Application. This includes: (i) implementing appropriate security measures to protect your data from unauthorized access or disclosure; and (ii) complying with all applicable laws and regulations regarding data privacy and security.
3.5. You are responsible for ensuring your computer system meets the minimum technical specifications required to run the Application effectively. We reserve the right but not the obligation to release updates, upgrades, or bug fixes for the Application at our sole discretion. Continued use of the Application constitutes your acceptance of such updates.
3.6. You agree that your breach of this Section 3 will constitute a non-curable breach of this EULA for cause and, notwithstanding anything to the contrary herein, this EULA will automatically terminate without the need for us to provide notice to you. Such non-curable breach will entitle us to seek, in addition to other rights and remedies available to us hereunder and at law, injunctive or equitable relief and such further relief as may be proper from a court of competent jurisdiction.
4. Updates
From time to time, we may provide enhancements or improvements automatically to the Application (“Updates”). Any Update delivered to you will be considered part of the Application and will be governed by the terms and conditions of the EULA. Updates may modify or delete certain features and/or functionalities of the Application. We have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application. For the purpose of this section, Update means any improvement in the functionality, speed, usability, or resource requirements of the current version of the Application that we offer generally to our subscription customers and may include patches, bug fixes, updates, upgrades, and other modifications.
5. Subscriptions and Payment
5.1. The Application is offered with a 30-day free trial. After the trial, a paid subscription is required for continued use. The subscription to use the Application is sold on a per-user basis. You are required to maintain a separate subscription for each user of the Application. The use of a single subscription by multiple users is expressly prohibited. You may not share, resell, or transfer your subscription or any rights provided under this EULA to any other person or entity. Each subscription is uniquely associated with one
user only.
5.2. At the expiry of the paid subscription period, the subscription will be automatically renewed for an identical subscription period and the license fee for the new subscription period will be charged, unless the License is cancelled at least 24 hours before the end of the current period.
5.3. If you choose to terminate your subscription before the end of the current period, your access to the Application will continue until the end of that period. However, your subscription will not be automatically renewed, and you will not have access to the Application after the current period ends. If your payment method for the subscription fails or you do not update your payment information before the end of the current period, your subscription will not be automatically renewed. Consequently, the Application will become inoperable until a valid payment method is provided.
5.4. Payment of our license fees are processed by Apple or Stripe, and we shall not be held responsible for any billing errors. For help with payment-related issues kindly contact the App Store support team (https://support.apple.com/billing) or the Stripe Support Team (https://support.stripe.com)
5.5. Fees quoted on our website are subject to change upon notice. Such notice may be provided by an in-app notification, or in some other form of announcement or notification. All subscription fees are exclusive of all federal, state, provincial, municipal, or other taxes. You are responsible for any federal, state, provincial, municipal, or other taxes associated with your subscription. No refunds or credits will be issued for unused portion of a subscription period, including cancelation of a subscription prior to the expiration of its current term.
6. Intellectual Property Rights
6.1. Apple and Stripe are trademarks of their respective owners. The Application is our independent creation and has not been authorized, sponsored, or otherwise approved by any of the above trademark owners.
6.2. Our Intellectual Property: We are the owner or the licensee of all intellectual property rights to the Application, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Application (collectively, the ‘Content’), as well as the trademarks, copyrights, patents, service marks, logos and other intellectual property rights contained therein (the ‘Marks’). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Norway and around the world. The Content and Marks are provided in or through the Application ‘AS IS’ for your personal, non-commercial use only.
6.3. Your use of the Application: Except as set out in this section or elsewhere in our Terms and Conditions, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, leased, assigned, hosted, outsourced, disclosed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If we ever grant you the permission to post, reproduce, or publicly display any part of our Application or Content, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Application, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of this EULA and your right to use the Application will terminate immediately.
6.4. You agree to indemnify us, and hold us harmless from any third-party claim that the Application or your use of the Application has infringed upon the intellectual property rights of a third party. You shall notify us without undue delay of becoming aware of any potential claim of third-party infringement at support@casecrafter.com. Failure to comply with any of these terms constitutes a material breach of this EULA, for which we reserve the right to discontinue, suspend, or terminate End your access to the Application immediately and without prior notice.
6.5. Your Submissions: Please review this section carefully prior to using the Application to understand the (a) rights you give us and (b) obligations you have when you leave any feedback or suggestions through the Application. By inputting any inquiry into the Application, or directly sending us any question, comment, suggestion, idea, feedback, or other information about the Application (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
6.6. Copyright infringement: We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please contact us immediately.
7. Warranty Disclaimer
THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM ERRORS, BUGS, OR DEFECTS. WE, OUR AFFILIATES, AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS OR AFFILIATES (THE “WARRANTORS”) DO NOT WARRANT THAT: (A) THE SOFTWARE WILL MEET ANY SPECIFIC REQUIREMENTS; (B) THE SOFTWARE PROVIDES POSITIVE RESULTS FROM YOUR USE OF THE SOFTWARE; (C) THE QUALITY OF ANY FEATURES, INFORMATION, OR OTHER ASPECTS OF THE SOFTWARE WILL MEET ANY SPECIFIC EXPECTATIONS; AND (D) ANY ERRORS OR “BUGS” IN THE SOFTWARE WILL BE CORRECTED WITHIN A SPECIFIC TIME FRAME. YOU USE THE SOFTWARE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THE SOFTWARE FOR YOUR USE AND FOR ANY DAMAGES RESULTING FROM SUCH USE. THE SOFTWARE MAY CONTAIN COMPONENTS OR FEATURES DEVELOPED BY THIRD-PARTY LICENSORS. WE MAKE NO WARRANTIES WITH RESPECT TO SUCH THIRD-PARTY COMPONENTS OR FEATURES.
8. Limitation of Liability
8.1. The Warrantors are not liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to damages for lost profits, goodwill, use, data, or other intangible losses (even if any of the Warrantors have been advised of the possibility of such damages), resulting from: (a) the use of or the inability to use the Application; (b) the cost to procure and/or deploy substitute goods or services resulting from use of the Application; (c) any unauthorized access to or alteration of your data, transmissions, or content; (d) any price change, suspension, or discontinuance of the Application or any of its features; (e) any loss of content, modification to the Application, a feature and/or Updates; (f) any other matter relating to your use of the Application. Each Warrantor is excused from any failure or delay in performance of responsibilities otherwise imposed by this EULA for any cause beyond its reasonable control. Such causes include but are not limited to fires, floods, storms, hurricanes, earthquakes, global health pandemics, civil disturbances, disruption of telecommunications, transportation, utilities or necessary supplies, governmental action, computer viruses, and incompatible or defective equipment, software, or services not supplied by us.
8.2. To the maximum extent permitted by law, in no event shall any of the Warrantors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for lost profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Application, third party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this EULA), even if any of the Warrantors has been advised of the possibility of such damages. The same apply if the remedy fails of its essential purpose. To the maximum extent permitted by law, the maximum extent of the Warrantors combined liability under any provision of this EULA, tort, or any other basis, is limited to the amount actually paid by you for the current subscription term.
8.3. You acknowledge that we have set our prices and entered into the EULA in reliance on the disclaimers of warranty and the limitations of liability set forth herein and that the same forms an essential basis of the bargain between the parties.
9. Security and use of data
You are responsible for the security of all data you add to and use on the Application on your devices. We will not access, review, collect, or archive any data used on the Application. All data added to the Application by you will remain on your device unless explicitly transmitted or uploaded to a third-party service over which we have no control. We are not liable for any data breaches or unauthorized disclosures of your data on your devices. We may collect limited information about you as outlined in our Privacy Policy, which is subject to change. We recommend reviewing the Privacy Policy for details. The most recent version of our Privacy Policy is available at https://casecrafter.com/legal. Your use of the Application constitutes your acceptance of the terms of our Privacy Policy.
10. User Representations and Warranties
You represent and warrant that (i) you are of legal age to enter into a binding contract and are otherwise legally competent to enter into this EULA; (ii) you will use the Application only for its intended purpose and in accordance with the terms of this EULA. You will not violate any applicable laws or regulations in your use of the Application; (iii) you have all necessary rights, licenses, and permissions to use and store any data through the Application. You further warrant that such data does not infringe on the intellectual property rights of any third party; (iv) all information you provide in connection with your use of the Application is accurate and complete; (v) you will not misrepresent your affiliation with any person or entity in connection with your use of the Application; and (vi) you will comply with all applicable export control laws and regulations in your use of the Application.
11. Term and Termination
11.1. This EULA will remain in effect throughout your use of the Application until terminated by you or us (the “Term”).
11.2. Termination by You: You may terminate this EULA by permanently deleting the Application from all your devices and canceling any active subscriptions. Your termination will take effect at the end of your current subscription period.
11.3. Termination by Us: We may terminate this EULA for any reason, including if you breach the EULA (including non-payment of fees). In such a case, we will provide you with written notice of termination. Upon termination for breach, you will not have the right to cure unless expressly allowed by us.
11.4. In the event we terminate the EULA you will continue to be obligated for any fees due under any agreement with us (which fees we will have the right to invoice early) on or before the effective date of termination.
11.5. Effects of Termination: Upon termination, you must stop using the Application and delete all copies from your devices. Termination of this EULA will not limit our rights to pursue legal remedies for your breaches that occurred before termination.
12. Our Remedies
You acknowledge that your breach of the terms or conditions of this EULA may substantially diminish the value of the Application and any other materials we own, thereby causing us irreparable harm. As such, you therefore acknowledge and agree that in the event of your breach of this EULA, we will be entitled to seek equitable relief, and you consent to the entry of both a preliminary and permanent injunction enjoining you from further violation of this EULA, solely upon our showing that such breach by you has occurred. Should we seek equitable relief for a breach of this EULA, including but not limited to injunctive relief, you agree that you will not request that we post a bond or other security in relation to such proceedings, or request that we prove any actual damages. Our entitlement to injunctive relief will not bar us from recovering monetary damages from you as a result of your breach of this Agreement, infringement of any of our intellectual property, or both.
13. Miscellaneous
13.1. Technical Support. For technical support, questions, complaints, claims, feedback, or suggestions regarding the use of the Application, we can be contacted at support@casecrafter.com. Technical support is only provided during the subscription term, and is available Monday through Friday (excluding holidays) from 9 a.m. to 4 p.m. CET. Best efforts will be made to provide technical support outside of these times.
13.2. Entire Agreement, Enforceability, Assignment. Failure to enforce any provision of this EULA shall not constitute, and cannot be construed as a waiver of such provision, or of our right to enforce it in the future. This EULA, and any documents incorporated by reference herein, constitutes the entire agreement between you and us. If any part of this EULA should be determined to be unenforceable for any reason, the remaining terms will continue to remain in full force and effect. You shall not assign your rights or delegate your obligations under this EULA without our prior written consent.
13.3. Amendments to Agreement. We reserve the right to modify or replace this EULA at any time. All changes and/or modifications to these terms will be published on our website: https://casecrafter.com/legal. Announcements of these changes may also be published via our social media channels. By continuing to access or use the Application after any revisions become effective, you are bound by the revised terms. Your sole remedy if not accepting to be bound be the revised terms, is to discontinue using, and permanently delete the Application from your device(s). Material revisions, in our sole discretion, will be published at least 30 days’ notice prior to any new terms taking effect.
13.4. Third Party Services. The Application may display, include, or make available third-party content (including data, information, applications, and other products or services) or provide links to third party websites or services (“Third-Party Services”). Third-Party Services and links thereto are provided solely as a convenience. Any decision to access and/or use such services is entirely at your own risk. Third-Party Services are subject to such third parties’ terms and conditions, and you accept and agree to comply with all applicable third-party terms and conditions when using Third-Party Services in connection with the Application. We are not responsible for and make no warranties regarding any Third-Party Services including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and do not have any liability or responsibility towards anyone for any Third-Party Services, and you agree to indemnify and hold us harmless for any and all costs or losses caused by your utilization of available Third-Party Services.
13.5. Electronic Communications. You consent to receiving all information and notices from us electronically (e.g., via e-mail or through the Application).
13.6. Interpretation. In this EULA: (i) the singular includes the plural and vice versa, and references to the ‘Services’ includes a reference to any part of them; (ii) references to a person include any individual, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium, or partnership (whether or not having a separate legal personality); and (iii) ‘including’, ‘in particular’, and similar expressions are by way of illustration and emphasis only and do not operate to limit the generality or extent of any other words or expressions.
14. Restriction on use
You are prohibited from using or accessing the Application in any location subject to embargo by the UN, EU, or by US or Norwegian authorities, or in a country designated by the UN, EU, US, or Norwegian authorities as a terrorist supporting country.
15. Waiver of Jury Trial
You hereby expressly agree to waive any applicable right to a jury trial of any and all claims arising out of the downloading, installing and/or use of the Application and the relationship with us, regardless of whether they may be based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.
16. Governing law and dispute resolution
This EULA and any dispute, controversy, or claim arising out of or in connection with this EULA, or the breach, termination, or validity thereof, shall be governed and construed in accordance with the laws of the Kingdom of Norway. Any dispute, controversy, or claim arising out of or in connection with this EULA, or the breach, termination, or invalidity thereof, and which is not settled by mutual agreement, shall be subject to the jurisdiction of the ordinary courts of Norway, with Agder District Court – Arendal (Agder tingrett – Arendal) as the agreed legal venue.
