Terms & Conditions

To read the Privacy Policy, click here.

Terms of Service

General

  1. Please read these terms of service which apply between you and us (the "Terms of Service") carefully before you start to use the Self Evident smartphone application (the "App") and the secure storage, transmission and validation of evidence service (the "Service").
  2. By downloading the App and registering your details for use of the Service, you indicate that you accept these Terms of Service and that you agree to abide by them. If you do not agree to these Terms of Service, please refrain from using the App and the Service.
  3. Deliberately, fraudulently or maliciously submitting false evidence may lead to serious criminal or civil sanctions.
  4. Notwithstanding anything else in these Terms of Service, it is your responsibility to ensure you do not breach any applicable laws in the territory within which you use the App and/or Service.

Information about us and you

  1. As to the reporting of crime to the police in England and Wales, the Service is supported and promoted by the registered charity and legal advice centre Witness Confident, whose address is The Drill Hall, 57 Farringdon Road, London EC1M 3JB, charity number 1131106 and company number 06917476.
  2. The App and Service are provided by Just Evidence Limited (“we” and “us”). We are a limited company registered in England and Wales (number 08314323) and our registered address is The Drill Hall, 57 Farringdon Road, London EC1M 3JB. Further information about us can be found at JustEvidence.org
  3. Any reference to "you" or "your" is a reference to you as the user of the App and Service. If you are under sixteen years of age your parent or guardian must grant you permission to use the App and Service and must agree to these Terms of Service.
  4. We reserve the right to change these Terms of Service from time to time by notifying you of a change when you log into JustEvidence.org and you may be required to read and accept them to continue the Service and use of the App. We will put the new terms on JustEvidence.org. These Terms of Service were last updated on 08.10.2015. "Terms of Service" therefore means the most recently updated version put on JustEvidence.org, effective from the date of that revision or such later date as may be specified.
  5. From time to time a new version of and fixes to the App may be issued through the Appstore (which means the website or other facility from which you can download or obtain the App from time to time), and you may not be able to use the Service until you have downloaded or streamed the latest version of the App and accepted any new terms.
  6. By using the App or Service, you consent to us collecting and using technical information, in accordance with these Terms and Clause 54 (Data Protection), about your mobile device and related software, hardware and peripherals for the Service that are internet-based or wireless, to improve our products and services.
  7. The App or Service may contain links to other independent third-party websites ("Third-party Sites"). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites and any products or services accessible through them.
  8. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Description of the App and Service

  1. The App has three functions:
    • Capture which lets you take and independently secure video, audio and photo material where the location, date and time are independently validated;
    • Describe which helps you make or take a witness statement, describe an incident or add a commentary, which you can independently secure and where the location, date and time are independently validated; and
    • Report which allows you to make a brief report of an incident in free text and attach any material from Capture or Describe and then: (i) secure this privately; (ii) file it with work, an adviser or a business; (iii) send it to a friend; (iv) report crime to the police; or (iv) in specified areas confidentially log a certain crime and/or access specialist support services.
    Importing Evidence: You can also import evidence which has not been captured or recorded using the App and attach this to your report. The validation features are not available for imported evidence.
    Android phones: The video capture feature is not available on the current Android version of the App and so you can only import video (and so the validation features are not available).
  2. Purpose of the App:
    The App is designed: (i) to provide reliable evidence that is independently validated; (ii) to deter and reduce crime and help victims and witnesses; (iii) to help prevent and resolve disputes; and (iv) to improve the efficiency and simplicity of tasks to make life and work easier.
  3. How the App achieves this:
    The App does this by enabling the capture and transmission of evidence that is reliable, independently secured and validated. Where the App records a client interview or a witness statement soon after an incident, the evidence is more reliable. When you use Report your evidence can be uploaded to and secured in your private account which is accessible at JustEvidence.org. When you use the App's Capture and Describe functions, a data log detailing time, place and file size is sent to and corroborated at JustEvidence.org which helps validate your evidence if it is questioned later.
  4. How the Service works:
    • When you register the App we will send you a text to authorise the use of the App and an email about accessing your private account at JustEvidence.org. This is where you can access and manage the reports and any attached evidence you have secured and track when people you send reports to view and download them.
    • Data logs that help validate your evidence (i.e. when and where it was recorded) are also sent to and secured at JustEvidence.org

Free uses and charges

  1. The App is free to download and the following uses of the Service are free:
    • witness reports and evidence to the police around the world are sent and secured for 13 months for free;
    • victim reports and evidence to the police in England and Wales are sent and secured for 13 months for free;
    • featured opportunities for enhanced support in specified areas (e.g. feature for hate crime support in London) are sent and secured for 13 months for free;
    • you have a four week free trial during which you can secure and/or send up to five other reports of without charge;
    • no charge is made to the media for validating a report you have sent them (see Clause 52); and
    • information about other free reports you can make will be shown at JustEvidence.org.
  2. As to charges for others uses of the Service:
    • you have to pay a charge (i) to secure (for 13 months) and/or send and download a report which is not free, (ii) to secure it for a further two years and/or get more downloads, or (iii) if a third party orders a Validation Certificate detailing the validation data for the evidence in a report;
    • charges are on a Pay As You Go basis (enquiries about subscriptions should be made to Enquiries@JustEvidence.org);
    • if at the time you secure or send a report you have insufficient funds, it will be held as a pending report for three days; and
    • you can find guidance and further information on the use and restrictions of reports, charges, offers of free credits, waivers and price plans at JustEvidence.org.
  3. Any profits arising from the sending of reports and evidence to the police in England and Wales will go to fund charitable work to prevent crime, to support victims and witnesses and to police benevolent funds for injured or fallen officers.

Acceptable use of the App and Service

  1. You may only use the App and Service in accordance with these Terms of Service.
  2. We cannot guarantee the continuous, uninterrupted or error-free operability of the App or Service. There may be times when all or certain features of the App or Service, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of any features, parts or content of the App or Service.
  3. Neither we nor any third party (including any Appstore provider or operator) are under any obligation at all to provide support or maintenance services in relation to the App or Service.
  4. The App and Service have been developed in and designed for use in England and Wales. While they are available for use in other countries, we make no warranty that all of their functions apply equally and/or that all of their uses are lawful.
  5. Additional terms may also apply to certain features, uses or content of the App and Service and, where they apply, are set out in these Terms of Service or will be displayed before you access the relevant features, parts or content.
  6. You must only use the App and Service for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation, that of Witness Confident or that of any of our affiliates.
  7. All rights granted to you under these Terms of Service will terminate immediately in the event that we consider you are in breach of any of them.
  8. You acknowledge that the terms of your agreement with your mobile network provider will continue to apply when using the App and Service. As a result, you may be charged by your mobile network provider for access to network connection services for the duration of the connection while accessing the App and Service and for other third party charges. You accept responsibility for all such charges that arise.
  9. If you are not the bill payer for the mobile telephone or handheld device being used to access the App and Service, you will be assumed to have received permission from the bill payer for using them.
  10. We cannot and do not guarantee that the App or Service or any content of the App or Service will be free from viruses and/or other code that may have contaminating or destructive elements.
  11. You agree not to use the App or the Service in a way which unlawfully infringes other people's rights, such as their privacy rights or copyright, or in a way which deliberately gives a misleading impression of what you witnessed.
  12. You agree not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Service.
  13. You agree not to misuse the App or Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to or sabotage the App or any server, computer or database connected to the App or Service.
  14. You agree not to use the App or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
  15. You agree not to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.

The Service

  1. By registering your details and opening an account at JustEvidence.org and using the App you agree to the application of these Terms of Service.

Conduct

  1. You agree not to use the App to unlawfully intimidate, harass or abuse others, but you can use it to legitimately report such conduct to the police or to anyone else where it is lawful to do so.
  2. We do not see any evidence (see Clause 42) you secure or send through the Service. To enable us to develop the Service, we do see the bare information and any free text you may provide in the summary or title of a report to understand the gist of how the App is used and you agree that we can refer generally to the gist provided we do not disclose your identity. If we receive a complaint over your use of the App or Service, whether or not we have raised it with you, where we have reason to believe that your conduct is not in compliance with these Terms of Service, we reserve the right to suspend or terminate your use of the App and Service and your account in accordance with Clauses 60 and 61.
  3. No delay, failure or refusal to take any action against you will constitute a waiver of our rights as set out in these Terms of Service.

Your Account

  1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Service.

  2. You are responsible for all activity that occurs in or under your account and for keeping your JustEvidence.org password confidential.

  3. You agree to notify us immediately if you have any reason to believe there is a security breach of your account.

Your Reports and Evidence

  1. Report means a file you have secured or sent, including any summary, whether or not it has evidence attached to it. Evidence means any information that is generated or transmitted through your use of the App including video and sound files, photographs and any other like material to be attached to a report.
  2. You acknowledge and agree that (a) a report is only secured to your account or sent if it is a free report or if the appropriate charge is paid (and otherwise may be deleted after three days); (b) once a report has been sent to the police, we cannot prevent the police accessing it; (c) while you can delete from your account any report and attached evidence secured in it, we will retain a copy of it and validation data on our server until the server is cleaned; and (d) where you send a report to a third party it may appear as coming from you or your email address.
  3. You have sole responsibility for any report that is made and for any evidence that is collected, secured to or accessed through your account.
  4. You agree that we are not responsible for any report or evidence you upload, download, secure or send and that we cannot guarantee the accuracy, integrity or quality of any report or evidence.
  5. We recommend that you save, download and store elsewhere at least one copy of any report and evidence that you secure to JustEvidence.org. While we will use reasonable skill and care in providing the Service, we cannot and do not guarantee or warrant that a report or evidence you secure or access will not be subject to inadvertent damage, corruption or loss. We shall not be liable to you in the event that any report or evidence is damaged or lost during any virus, outage, attack or failure that the Service may suffer.
  6. Whenever you make use of a feature that allows you to record, import or upload material, you must comply with these Terms of Service. You warrant that any such contribution will comply with these Terms of Service, and you indemnify us for any breach of that warranty in accordance with Clause 66 (Indemnity).
  7. Neither we nor any Appstore provider or operator (or equivalent) will be responsible, or liable to any third party, for the content, integrity or accuracy of any materials uploaded to, sent through or downloaded from your account.

Validation data

  1. We collect data to help you validate the evidence you collect and secure through the App and also to provide you with a record of your use of the App. This is EXIF data on video, photo and audio files and the time at which you use these functions.
  2. The data includes information about location and time that relies upon information which uses GPS, crowd sourced WiFi hotspots and cell tower locations. By using the App and/or the Service, you agree that we can collect, store and use this data.
  3. The validation function makes use of data sent from your mobile device and you can turn off a key part of this functionality at any time by turning off the location services settings for the App on your mobile device. If you do turn this functionality off or if this functionality is not otherwise available (e.g. your phone is out of range of a GPS or WiFi), it will adversely affect the validation service.
  4. You agree that we can store and corroborate this data to help validate your evidence should others question it and to maintain the integrity of the Service. With respect to any item of evidence that you choose to send to a third party, you agree that we may disclose the validation data for that evidence to that party and may charge them for it.
  5. You agree you will not falsify, interfere with, amend, distort or misrepresent the validation data nor will you permit others to do so.

Data Protection

  1. Any personal information you supply when using the App will be processed by us in accordance with our Privacy Policy which can be viewed at JustEvidence.org/Terms and is incorporated into these Terms of Service by reference.

Intellectual Property

  1. We are the owner or the licensee of all intellectual property rights in the App, the underlying code and the material generated by it. You acknowledge that you have no right of access to the App in source-code form.
  2. Your only rights to use those intellectual property rights are as set out in these Terms of Service. You acknowledge that you do not acquire any ownership rights by downloading or using the App.
  3. We grant you a worldwide, non-exclusive, revocable and non-transferable licence to use the App in accordance with these Terms of Service subject to any rules or policies applied by any Appstore provider or operator (or equivalent) from whose site you downloaded the App. We reserve all other rights.
  4. Except as permitted by local law, you will not, nor allow third parties on your behalf to: (a) make and distribute copies of the App; (b) attempt to copy, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (c) create derivative works of the App of any kind whatsoever.
  5. You grant to us an irrevocable, perpetual licence to copy and store all reports, evidence and validation data.

Suspension and/or Termination of Your Account

  1. We have the right to stop making all or part of the Service available to you with immediate effect and without notice if:
    • you breach these Terms of Service or there is a complaint over your use of the App or Service as set out in Clause 37;
    • you are using or have used the Service unlawfully, unreasonably, inappropriately, incompetently or in any way that might bring the Service, us or Witness Confident into disrepute; or
    • there is, in our sole opinion, any reason why the Service should be withdrawn generally or from one or more users.
  2. We have the right to modify, suspend, discontinue or terminate all or part of the Service without giving notice.
  3. If we stop making the Service available to you, you agree we have the right to delete any or all of your reports and evidence secured on JustEvidence.org.
  4. You can terminate your account at any time. To do so effectively, you should use the delete function on JustEvidence.org and also delete the App from your phone. You can also delete secured reports on the MyReports page. You agree that upon deletion of your account, we can (but are not obliged to) retain a copy of reports, evidence and validation data on our server until it is cleaned.
  5. Upon any termination of the App and/or Service: (a) the licence granted to you in these Terms of Service shall terminate; (b) you must cease all use of the App and Service; (c) in the case of a breach of these Terms of Service by you, any fees already paid by you will be non-refundable; and (d) in the event of a termination otherwise than as referred to in (c), we shall refund any monies you have in your account less our reasonable administration expenses. You agree that upon termination, we can (but are not obliged to) retain a copy of reports, evidence and validation data for up to three years.

Liability

  1. To the extent permitted by law, the Appstore provider or operator (or equivalent) shall not be liable for any losses incurred by you as a result of your use of the App or Service.
  2. You agree to indemnify, hold harmless and defend us and the Appstore provider or operator (or equivalent) in respect of all damages, claims, demands, losses, including legal fees and costs arising out of or as a result of your breach of these Terms of Service.
  3. In no event will we be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use of, reliance on or access to the App or Service, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
  4. Neither we nor the Appstore provider or operator (or equivalent) are liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the App.
  5. Nothing in these Terms of Service shall exclude or limit our liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
  6. To the maximum extent permitted by law, we and the Appstore provider or operator (or equivalent) hereby disclaim all implied warranties and terms with regard to the App and the Service. The App is provided "as is" and "as available" without warranty of any kind. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements. Under no circumstances will any Appstore provider or operator (or equivalent) be liable for any warranties under these Terms of Service.

Waiver

  1. If we fail to insist that you perform any of your obligations under these Terms of Service or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Severance

  1. Each of the Clauses of these Terms of Service operates separately. If any court or competent authority decides that any of them is unlawful or unenforceable, the remaining Clauses will remain in full force and effect.

Third Party Rights

  1. We and you acknowledge and agree that the Appstore provider or operator (or equivalent) or any subsidiaries thereof, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of these Terms of Service, they will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof. While we can change these Terms of Service in accordance with Clause 8, we cannot do so to the extent they relate directly to the Appstore provider or operator (or equivalent).

Governing Law

  1. These Terms of Service shall be governed by the law of England and Wales, and you agree that any dispute between us regarding them, the App or the Service shall be subject to the exclusive jurisdiction of the courts of England.

Contacting us

  1. If you have any questions about these Terms of Service or any problems concerning the App please contact us by logging onto your account at JustEvidence.org and using the Support button.
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