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Terms of Use

Effective date: February 4, 2026

App name: Witness
Developer: Nicolas Dupont ("we," "us")
Contact: legal@witness.camera

1) Agreement to terms

By downloading or using Witness (the "App"), you agree to these Terms. If you don't agree, don't use the App.

2) Overview of the App

Witness is a recording tool designed to help users capture video and upload recordings directly to the user's connected third-party cloud storage account (such as Google Drive or Dropbox).

Witness does not operate as a social platform, evidence repository, or legal service.

3) Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use Witness. By using the App, you represent that you have the legal capacity to enter into these Terms.

4) Safety

You are responsible for using the App safely. Don't use it in a way that distracts you, violates laws, or creates risk to you or others. Be aware of your surroundings when recording.

5) User responsibility and compliance with laws

You are solely responsible for your conduct and for complying with all laws and regulations that apply to your use of the App, including laws governing:

  • audio and video recording
  • consent requirements
  • privacy and surveillance
  • recording in public or private spaces

Witness does not provide legal advice or guarantee that recording is lawful in any specific situation.

6) No guarantee of recording or upload

Witness is provided as a tool to assist with recording and uploading footage, but we do not guarantee that the App will:

  • record successfully
  • upload successfully
  • operate without interruption
  • preserve all footage
  • function under all network or device conditions

Uploads may fail or be delayed due to factors beyond our control, including:

  • loss of connectivity
  • device limitations
  • third-party cloud provider outages
  • operating system restrictions

You acknowledge that Witness should not be relied upon as the sole means of preserving evidence.

7) Third-party cloud storage services

Witness allows you to connect third-party services such as Google Drive or Dropbox. You understand and agree that:

  • recordings are stored in your own third-party cloud account
  • we do not control or operate those services
  • availability, security, and retention are governed by the provider's terms

Witness is not responsible for any deletion, loss, suspension, or compromise of your cloud storage account.

Third-party services are subject to their own privacy policies and terms:

8) License to use the App

We grant you a personal, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial use, subject to these Terms and Apple's rules.

9) User content and ownership

You retain full ownership of any video or audio recordings you create using Witness ("User Content"). Witness does not claim ownership over your User Content.

Because recordings are uploaded directly to your own connected cloud provider, Witness does not store or retain your recordings on company-controlled servers.

10) Your content (feedback)

If you send feedback, suggestions, or ideas, you give us permission to use them to improve the App without any obligation to you.

11) What you can't do

You agree not to misuse Witness. You may not use the App to:

  • violate any applicable law
  • unlawfully record individuals where prohibited
  • harass, stalk, or intimidate others
  • engage in illegal surveillance
  • interfere with or obstruct law enforcement
  • upload malicious or harmful content
  • attempt to reverse engineer or disrupt the App

We reserve the right to suspend or terminate access if the App is used unlawfully or abusively.

12) Privacy

Our Privacy Policy explains how the App handles data and permissions. Witness does not collect or store recordings on our servers.

13) Intellectual property

Witness and its associated software, branding, and design are owned by us and protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works of the App except as permitted by law.

14) Disclaimer of warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We don't guarantee that recordings will be legally admissible or suitable for any particular legal proceeding.

15) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF RECORDINGS OR EVIDENCE, FAILED UPLOADS, DEVICE SEIZURE OR DESTRUCTION, LEGAL CONSEQUENCES OF RECORDING, OR PERSONAL INJURY OR HARM ARISING FROM RELIANCE ON THE APP.
  • OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR $10 IF YOU PAID NOTHING).

(Some places don't allow certain limitations—those rules apply to you if relevant.)

16) Indemnity

If your use of the App breaks the law or violates these Terms and causes us harm, you agree to defend and indemnify us from resulting claims and expenses (including reasonable legal fees).

17) Termination

You can stop using the App at any time. We may suspend or terminate access if you violate these Terms or misuse the service. Because recordings are stored in your cloud account, termination does not delete your content.

18) Governing law

These Terms are governed by the laws of the State of New York, USA, without regard to conflict of law rules.

19) Dispute resolution; arbitration; venue

A. Informal resolution first.

Before starting a formal claim, you agree to contact us at legal@witness.camera with a brief description of the issue and the relief you're seeking. We'll try to resolve it informally within 30 days.

B. Binding individual arbitration.

If we can't resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to the App or these Terms will be resolved by binding, individual arbitration, and not in court, except as described in Section 19(C). The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Kings County, New York, unless you and we agree otherwise. The arbitrator may award the same damages and relief a court could award and must follow these Terms.

This arbitration agreement is governed by the Federal Arbitration Act.

C. Exceptions (small claims; injunctive relief; enforcing awards).

Either party may:

  1. bring an individual claim in small claims court in Kings County, New York, if the claim qualifies and remains in small claims court; and
  2. seek injunctive or equitable relief in the state or federal courts located in Kings County, New York (or, if those courts lack jurisdiction, any court of competent jurisdiction) to prevent unauthorized use, misuse, or infringement of intellectual property or to address security/abuse issues; and
  3. go to court to compel arbitration, stay proceedings pending arbitration, or confirm/modify/vacate an arbitration award.

D. Class action waiver.

You and we agree to bring disputes only in an individual capacity and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, or representative proceeding. The arbitrator may not combine more than one person's claims or preside over any form of class or representative proceeding.

E. Court venue for permitted court matters.

To the extent any dispute is permitted to be brought in court under Section 19(C), you and we agree it will be brought exclusively in the state or federal courts located in Kings County, New York, and you consent to personal jurisdiction in those courts.

F. Severability.

If a court decides that a portion of this Section 19 is unenforceable, the unenforceable portion will be severed and the remainder will remain in effect. If the class action waiver is found unenforceable for a particular claim, then that claim must proceed in court (not arbitration).

20) Changes to terms

We may update these Terms from time to time. Continued use after changes means you accept the updated Terms.

21) Contact

Questions? Email us at legal@witness.camera.