1. Acceptance of Terms and Nature of Service
Welcome to Custody Commander. By registering an account, accessing, or using the software-as-a-service platform, modules, and affiliated websites (collectively, the "Service") provided by Firmbinder LLC ("Company," "we," "us," or "our"), you ("User," "you") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
2. No Legal Advice (Unauthorized Practice of Law Disclaimer)
2.1 Neutral Conduit. Custody Commander is a technology platform, not a law firm. The Service provides administrative tools, organizational frameworks, and general legal information to assist self-represented ("pro se") litigants and legal professionals. WE DO NOT PROVIDE LEGAL ADVICE, LEGAL STRATEGY, OR LEGAL REPRESENTATION.
2.2 Self-Help Exemption. The Service will not apply the law to your specific facts, predict court outcomes, or tell you what legal arguments to make. Any templates provided (such as an FRE 902 certification declaration) are blank, general forms that you must independently evaluate and complete. Your use of the Service does not create an attorney-client relationship. If you require legal advice, you must consult a licensed attorney in your jurisdiction.
3. Strict Data Attestation and Lawful Access (CFAA & SCA Compliance)
To protect against computer trespass and unauthorized access, you must strictly adhere to the following when using the Evidence Helper and Message Extractor modules:
3.1 The "Own-Account" Rule. You affirmatively represent, warrant, and attest that you are the lawful owner of, or possess explicit, documented legal authority to access, every device, cloud account, and communication archive you upload into the Service.
3.2 Prohibited Access. You are strictly prohibited from using the Service to process data obtained via unauthorized access to a spouse's, ex-partner's, or third-party's device, or a shared family account or child's device to which you do not have absolute legal access rights. Violations of this provision may subject you to severe criminal and civil liability under the federal Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state laws. We reserve the right to instantly terminate your account if unauthorized access is suspected.
4. Prohibition on Illegal Recording and Wiretapping
4.1 No Live Interception. You are strictly prohibited from using the Service to secretly intercept, capture, or record real-time, multi-party communications in violation of the federal Wiretap Act (18 U.S.C. § 2511) or applicable state all-party consent laws.
4.2 Mediation Confidentiality. You acknowledge that court-ordered mediations and settlement conferences are strictly confidential by state law (e.g., NC G.S. § 50-13.1). You agree not to use the Service (including the Mediation Coach) to transcribe, record, or otherwise violate the legal confidentiality of any mediation, hearing, or legal proceeding without the express written permission of the court or mediator.
5. Artificial Intelligence Limitations
The Service utilizes artificial intelligence (AI) to extract text, analyze tone, and simulate conversational scenarios (e.g., "Comms Guard").
5.1 Human-in-the-Loop. AI outputs can hallucinate or produce inaccurate, incomplete, or out-of-context information. You agree to independently review, verify, and approve all AI-generated text, tags, and suggestions before relying on them or submitting them in legal proceedings.
5.2 Behavioral Coaching Only. AI suggestions provide behavioral communication feedback (e.g., de-escalation tone and clarity). The AI is not a legal strategist and cannot determine if a statement is "admissible" or "helpful" to your legal case.
5.3 Your review and signature. You select your template and decide what to say. Staff do not review or edit your document or provide advice about it. Automated checks may flag unfinished fields, unsupported statements, citations, or personal identifiers; these checks cannot guarantee accuracy, completeness, or compliance with a court's rules. Before signing or exporting a final document, you must review the current revision and expressly attest to the statements shown. A signature is applied only after your explicit Sign action. Typed, drawn, or uploaded signatures may not satisfy every court's requirements; check those requirements yourself. Changes to the document require renewed review and signing.
5.4 Document audit records. We record your user and document identifiers, action and timestamp, document revision and exported-file hashes, a snapshot of the signed or exported document and signature, the attestation text shown, applicable terms version, and available IP address and browser information when you sign or export. We also record terms acceptance, residence state, version, time, and a copy and hash of the accepted terms. These records document your actions; they do not establish that a court accepts the document or its signature.
6. Domestic Violence Safety, Privacy, and Metadata
6.1 Location Data (EXIF) Stripping. To protect your physical safety, the Service automatically strips EXIF GPS location data from standard exports and user interfaces. However, original files uploaded to the Service are stored immutably and securely on our servers to preserve their evidentiary authentication value for court. You assume all risk for any original files you choose to manually export and share outside the Platform.
6.2 Address Confidentiality. If you are enrolled in a state Address Confidentiality Program (ACP), you are not required to provide a residential physical address for billing or account registration purposes.
7. Subscriptions, Cancellations, and "Dormant Free Read Access"
7.1 Auto-Renewal. Paid subscriptions are billed in advance. Your subscription will automatically renew at the end of each billing cycle unless canceled.
7.2 One-Click Cancellation. You may cancel your subscription at any time via your account settings dashboard. Cancellation takes effect at the end of your current billing cycle.
7.3 Dormant Free Read Access. If you cancel a paid subscription, Custody Commander contractually guarantees that your account will transition to a "Dormant Free Tier." You will retain read-only and download access to your previously generated Case Bundles and export packets without further payment, subject to our standard data retention limits. You will lose the ability to upload new evidence or use AI features.
7.4 Court Document Package. Where available, the $49 one-time package applies to one selected document and includes unlimited saved revisions and final packet export without a watermark. AI drafting operations use your separate allowance or purchased AI credits. These document features are included with an active Full Suite subscription where available. The package does not include legal advice, staff document review, or court filing. State availability and template-review requirements apply.
7.5 Package refunds. Request a full Court Document Package refund in Account > Billing within 14 days of payment, without giving a reason. Refund requests end the package entitlement; saved documents remain in your account. Contact Help & complaints if the refund cannot be processed or you need assistance. Your payment provider determines when the refund appears on your statement.
8. Subpoenas and Legal Process (DV Exception Policy)
8.1 Stored Communications Act. We process and store your communications as a neutral electronic communications service provider. We will formally object to civil subpoenas seeking the disclosure of your substantive content without your explicit consent or a valid court order, requiring the requesting party to seek the data directly from you via legal discovery.
8.2 Legal Holds. Upon receipt of valid legal process regarding your account, we reserve the right to place a "Legal Hold" on your data, which overrides user-initiated deletion requests to prevent the spoliation of evidence.
8.3 DV-Aware Notification. Our standard policy is to notify you if we receive legal process seeking your data. However, we reserve the right to withhold notification if doing so is prohibited by a court order (e.g., a gag order), or if we determine, in our sole discretion, that the requesting party is an alleged abuser and notification creates an articulable risk of physical harm to you or your children.
9. Attorney Accounts and Privilege
You may invite a licensed attorney to view your Case Bundle. We act solely as a secure conduit. Granting an attorney access does not establish an attorney-client relationship between you and that attorney unless you have a separate engagement agreement. While attorney annotations are stored in a segregated database layer to support work-product privilege, you are responsible for managing access, and we do not guarantee that a court will uphold your claims of privilege.
10. Limitation of Liability and Indemnification
North Carolina consumers using the Document Tools: see Section 12, which overrides this Section for you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRMBINDER LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF CUSTODY, ADVERSE COURT OUTCOMES, LOSS OF ASSETS, COURT SANCTIONS, OR EMOTIONAL DISTRESS ARISING OUT OF YOUR USE OF THE SERVICE. You agree to fully indemnify and hold harmless Firmbinder LLC from any claims, criminal charges, or civil lawsuits arising from your unauthorized access to third-party data or illegal interception of communications.
11. Dispute Resolution
North Carolina consumers using the Document Tools: see Section 12, which overrides this Section for you.
Any dispute, claim, or controversy arising out of these Terms shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA). YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.