Terms of Use

Visionations, LLC (“Visionations,” “we,” or “us”) provides the Visionations digital content synchronization service that allows you (“you”) to synchronize your digital content (“Files”) across your tablets and devices and to store and access them through the Internet (“Service”). These Terms of Service (“Terms”) set forth the terms and conditions of your use of the Service. By setting up a Visionations account, by using the Service, or by using or downloading CrimePad (“Software”), you agree to these Terms. In addition, by using the iOS version of CrimePad, you also agree to CrimePad’s Apple App Store EULA.

Professional Assistance

You must not rely on the information in the Software as a replacement or an alternative to crime scene, legal or any other professional advice from your agency, department, attorney or other professional services provider.

If you have specific questions about any crime scene matter you should consult your agency standard operating procedures, policy, and guidance. You should never delay seeking crime scene or legal advice, disregard such advice, or commence or discontinue any crime scene action because of information in the Software.

You must not rely on the Software as the sole method of documentation for your crime scene and evidence and should be able to reproduce required documentation as specified by your agency, department, and criminal justice system.

Data Access and Sharing

Privacy. You are responsible for complying with all policy, statutes, and requirements pertaining to, but not limited to, the Privacy Act of 1974 and the E-Government Act of 2002.

Privileged Users. Visionations will restrict the number and access of its privileged users. The access of these users will be limited to that needed to maintain, develop, update, troubleshoot, or otherwise manage the CrimePad software. All privileged users will have qualifications and training as required for their responsibilities and will sign non-disclosure and privileged user agreements.

Files Definition and Ownership. Files include anything you upload to, store on, or transmit through the services, such as data, documents, photos, images, video, and audio. We do not claim ownership of the Files you provide on the services. Your Files remain your content, and you are responsible for it.

Use of Your Data. Visionations may access your data for quality assurance/product improvement and statistical aggregation and reporting. In these cases, agency, case, or personnel identifiers will be excluded in aggregations and not used for any unauthorized purpose.

Account Setup

To use the Service, you need to set up an individual free Visioneer account (“Free Account”) and a CrimePad for Teams account (“Team Account”). When you select an account, we prompt you for registration information, such as your name, email address, account password, and mailing address. All of this registration information is protected by our Privacy Policy.

File Sync, Storage and Confidentiality

In order to make the Service available to you, we need your permission to sync and store your Files. Accordingly, you hereby grant to Visionations a license to use, copy, transmit, distribute, store and cache Files that you choose to sync and/or store, solely to provide the Service to you.

Your Files are not accessible by third parties unless you elect to make them available to others through the Service. We agree never to disclose your Files to anyone unless you instruct us to do so or a court orders us to disclose them, as provided in our Privacy Policy.

Free Trials

Team Accounts may have a free trial period during which time the account can be used without charge. Visionations reserves the right to limit the eligibility and storage capacity for Free Trials.

IF YOU HAVE PROVIDED YOUR CREDIT CARD INFORMATION UPON INITIAL ACCOUNT SETUP, YOU ACKNOWLEDGE THAT YOU MUST CANCEL THE ACCOUNT BEFORE THE END OF THE FREE TRIAL TO AVOID BEING CHARGED AFTER THE FREE TRIAL.

Subscription Period and Fees

Subscription Period. The subscription period for Team Accounts can be month-to-month, yearly, or another duration described in the account features for your account. For Free Accounts, the Subscription Period is for the duration of your Free Account.

Subscription Fees. Team Accounts are subject to fees based upon the account type you’ve selected. All payments are non-refundable.

BY CREATING A TEAM ACCOUNT YOU CONSENT TO ALLOW VISIONATIONS TO CHARGE YOUR CREDIT CARD OR SEND AN INVOICE FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.

Renewals and Cancellations

Accounts subject to Subscription Fees shall automatically renew for the same Subscription Period unless you cancel the account by the end of the then-current Subscription Period. Only the Admin can cancel a Team Account. You can cancel your account at any time by contacting customer service. Please note that after you cancel your account, you will not be entitled to a refund of any fees that you’ve paid.

Special Terms for Team Accounts

Team Account Setup. Team Accounts are set up by a team administrator (the “Admin”) who registers and pays for the Team Account after expiration of a Free Trial. The Admin identifies members of the team by identifying the Visioneer username for each team member (“Team Member”).

Team Account Management. The Admin maintains exclusive control over the management of the Team Account, such as adding or removing Team Members, enabling or disabling Team Member Accounts, and designating storage capacity for the Team. The Admin controls Team Account management and will have access to Team Member Files.

Requirements to Use the Service

To use the Service, you’ll need to have a compatible computer or mobile device with Internet access. If you access the Service using a wireless data plan on your mobile device, you may incur increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access the Service.

Service Limitations

Visionations uses reasonable efforts to make the Service available 7 days a week, 24 hours a day. However, Visionations does not guarantee availability of the Service and shall not have any liability to you for any unavailability of the Service. We reserve the right to suspend access to your account if your use of the Service disrupts or otherwise negatively impacts the operation of the Service or the use of the Service by other customers.

License to Use the Service and Software

License. Subject to these Terms, Visionations grants you a non-exclusive, non-transferable license to download and install the Software on devices within your possession and control, and to use the Software to access and use the Service for your own use. The Software is licensed, not sold, to you for use only under these Terms. Except as expressly authorized in these Terms, you may not use, copy, modify, reverse engineer, decompile, or transfer the Software.

Compliance with Laws. You agree to comply with any local laws and regulations regarding your right to download, install, import, export or use the Software and/or Service.

Governments. THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

Term and Termination

Your rights to use the Service and Software are effective through the end of the applicable Subscription Period unless earlier terminated. Visionations reserves the right to terminate these Terms and your account without prior notice upon requests by government and/or law enforcement agencies.

Upon termination, the licenses granted to you by Visionations shall cease and you will not be able to access or retrieve any Files stored in your account.

Disclaimer of Warranties

THE SOFTWARE AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISIONATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISIONATIONS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY, ARISING OUT OF THIS AGREEMENT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE SERVICE.

Indemnification

You agree to indemnify, defend and hold Visionations and its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from any violation or breach of these Terms by you or any activity related to access or use of your account.

General

These Terms shall be governed by and interpreted in accordance with the laws of the State of California. Any dispute between you and Visionations shall be resolved through binding arbitration conducted through the American Arbitration Association in San Francisco, California. You and Visionations agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class proceeding.

If any part of these Terms is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable.