Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the websites, software platforms, APIs, mobile applications, and services (collectively, the "Platform") operated by Silent Witness, Inc., a Delaware corporation ("Silent Witness," "we," "us," or "our").

By creating an account, clicking "I Agree," accessing the Platform, or otherwise using any part of our services, you ("User" or "you") represent that: (a) you have read, understood, and agree to be bound by these Terms; (b) you are at least 18 years of age; (c) you have the authority to enter into these Terms on behalf of yourself and any organization you represent; and (d) your use of the Platform complies with all applicable laws and regulations.

If you are accessing the Platform on behalf of a law firm, corporation, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" shall refer to both the individual and such entity.

2. Description of Services

Silent Witness provides an AI-powered legal technology platform that automates accident reconstruction and biomechanical analysis (the "Services"). The Platform enables users to:

• Upload accident scene photographs, crash data, and related case materials
• Receive AI-generated speed calculations, delta-v estimations, and kinematic analyses
• Obtain injury probability assessments and biomechanical analysis reports
• Access liability determination tools and supporting documentation
• Generate expert-quality analytical reports for use in legal proceedings

The Services are designed to support and supplement — not replace — the professional judgment of licensed attorneys, certified accident reconstruction experts, and qualified biomechanical analysts. Silent Witness analytical outputs are tools to assist professional decision-making and do not constitute professional legal, medical, or engineering advice.

3. Eligibility and Account Registration

3.1 Eligibility

The Platform is intended for use by legal professionals, insurance companies, law enforcement agencies, and other authorized organizations. By using the Platform, you represent that you are a licensed attorney, paralegal, legal professional, insurance adjuster, or other authorized representative operating within the scope of your professional duties.

We reserve the right to refuse service, terminate accounts, or restrict access at our sole discretion, including if we determine that your use does not comply with these Terms or applicable law.

3.2 Account Registration

To access most features of the Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities occurring under your account

You may not share account credentials with others or create accounts on behalf of others without authorization. Organizations may establish enterprise accounts subject to a separate Enterprise Agreement.

3.3 Verification

We may require verification of your professional credentials, bar membership, firm affiliation, or other information as a condition of account approval or continued access. Providing false information during registration may result in immediate account termination.

4. License to Use the Platform

4.1 Grant of License

Subject to your compliance with these Terms and payment of applicable fees, Silent Witness grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal professional purposes, including the preparation of legal cases, expert reports, and related professional activities.

4.2 Restrictions

You may not:

• Sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Platform or your access to it
• Modify, adapt, reverse engineer, decompile, disassemble, or create derivative works based on the Platform
• Use the Platform to develop or train competing AI models or services
• Scrape, crawl, or systematically extract data from the Platform
• Circumvent, disable, or interfere with security features of the Platform
• Use the Platform for any unlawful purpose or in violation of any regulations
• Access the Platform through automated means except as expressly permitted by Silent Witness
• Remove, obscure, or alter any proprietary notices, labels, or marks on the Platform

5. User Content and Data

5.1 Your Content

"User Content" means any data, photographs, documents, reports, information, or other materials you upload, submit, transmit, or make available through the Platform, including accident scene photographs, case files, client information, and analytical parameters.

5.2 License to User Content

By submitting User Content to the Platform, you grant Silent Witness a limited, non-exclusive, royalty-free license to access, process, analyze, and use your User Content solely for the purpose of providing the Services to you. This license is limited to the processing necessary to deliver the Services and generate your requested outputs.

We do not use individually identifiable User Content to train our AI models without your explicit consent. Aggregated, anonymized, and de-identified data derived from Platform usage may be used to improve our models and services.

5.3 Your Representations Regarding User Content

You represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to submit the User Content
• The User Content does not violate any third-party intellectual property, privacy, or other rights
• You have obtained all necessary consents from individuals whose information is included in the User Content, including any clients or third parties
• The User Content does not contain malware, viruses, or other harmful code
• Your submission and use of User Content complies with applicable professional responsibility rules and ethics obligations

5.4 Confidentiality of Case Materials

We understand that User Content may include privileged attorney-client communications or attorney work product. While we implement robust security measures (see Section 12), you remain solely responsible for ensuring that your use of the Platform complies with applicable rules of professional conduct, including duties of confidentiality. Silent Witness is not a law firm and does not provide legal advice; our receipt of case materials does not create an attorney-client relationship.

6. AI-Generated Outputs — Estimates Only; Not Evidence

6.1 Nature of AI Outputs

The Platform uses artificial intelligence and machine learning models to analyze submitted data and generate reports, calculations, and assessments ("AI Outputs"), including but not limited to speed estimates, delta-v calculations, injury probability assessments, and biomechanical analyses. AI Outputs are generated algorithmically based solely on the data you submit and the models' training data. They are estimates — not determinations, certifications, or professional opinions.

6.2 Outputs Are Estimates — Not Admissible Evidence

You expressly acknowledge and agree that:

• ALL AI Outputs are estimates and approximations, not definitive findings. They carry inherent uncertainty and margin of error that varies based on the quality and completeness of submitted data.
• AI Outputs are NOT admissible evidence and are NOT intended or designed to be offered, admitted, or relied upon as evidence in any court of law, arbitration, mediation, administrative hearing, or any other legal or quasi-legal proceeding.
• AI Outputs do NOT constitute expert testimony, certified opinion, or professional opinion under Federal Rule of Evidence 702, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), or any equivalent state or local evidentiary standard.
• AI Outputs are NOT a substitute for a qualified, certified accident reconstruction expert, biomechanical analyst, or other licensed professional. Any use of AI Outputs in connection with legal proceedings requires independent review, validation, and certification by a qualified expert who takes professional responsibility for the conclusions.
• The accuracy of AI Outputs depends entirely on the quality, accuracy, and completeness of User Content submitted. Incomplete, low-resolution, or inaccurate inputs will produce unreliable outputs.
• Silent Witness makes no representation that AI Outputs will meet the admissibility standards of any jurisdiction.

6.3 Intended Use — Internal Case Assessment Only

AI Outputs are intended solely as internal investigative and case assessment tools to help legal professionals quickly develop preliminary understanding of accident mechanics, identify key issues, and guide further investigation. Appropriate uses include:

• Early case evaluation and triage
• Identifying areas warranting deeper expert investigation
• Internal litigation strategy development
• Demand valuation and settlement analysis
• Guiding the scope of work for retained human experts

AI Outputs are not appropriate for direct use in court filings, expert disclosures, demand letters that misrepresent the outputs as certified findings, or any context in which the recipient may reasonably rely on them as authoritative or conclusive.

6.4 No Professional Advice

AI Outputs do not constitute legal advice, medical advice, engineering opinions, biomechanical certifications, or any other professional advice. You are solely and exclusively responsible for how you use AI Outputs, for all decisions made in reliance on them, and for ensuring that your use complies with applicable rules of professional conduct and ethics obligations. Silent Witness expressly disclaims all liability for any decisions, actions, or omissions arising from reliance on AI Outputs.

6.5 User Responsibility for Expert Compliance

If you retain a human expert who, in forming their own independent professional opinion, reviews or considers AI Outputs as one of many inputs, you are solely responsible for ensuring compliance with all applicable expert witness disclosure requirements (including Fed. R. Civ. P. 26(a)(2)), professional conduct rules, and evidentiary standards in your jurisdiction. Silent Witness does not provide expert witnesses, certify analyses, or assume any professional responsibility for conclusions drawn from AI Outputs by you or any retained expert.

7. Fees, Payment, and Subscription

7.1 Pricing

Access to the Platform may require payment of subscription fees, per-case fees, or other charges as set forth in our current pricing schedule or your Enterprise Agreement. All fees are stated in U.S. dollars and are exclusive of applicable taxes unless otherwise specified.

7.2 Payment Terms

By providing payment information, you authorize Silent Witness to charge the applicable fees to your designated payment method. Fees are due in advance for subscription plans. For per-case pricing, fees are charged at the time of submission. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

7.3 Subscription Renewal and Cancellation

Subscription plans automatically renew at the end of each billing period unless cancelled at least 5 business days before the renewal date. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; no pro-rata refunds are issued for unused portions of a subscription period.

7.4 Late Payment and Suspension

If payment is not received when due, we may suspend your access to the Platform after 10 days written notice. Accounts suspended for non-payment may be reinstated upon full payment of outstanding balances plus a reinstatement fee. Accounts remaining delinquent for more than 60 days may be terminated.

7.5 Price Changes

We reserve the right to modify our pricing at any time. For subscription customers, we will provide at least 30 days advance notice of price changes. Your continued use of the Platform after the effective date of a price change constitutes acceptance of the new pricing.

8. Intellectual Property

8.1 Silent Witness IP

The Platform, including all software, algorithms, AI models, methodologies, interfaces, documentation, trade secrets, and all intellectual property rights therein, is and remains the exclusive property of Silent Witness and its licensors. These Terms do not grant you any ownership interest in the Platform or its underlying technology.

"Silent Witness," the Silent Witness logo, and other product and service names are trademarks of Silent Witness, Inc. You may not use our trademarks without prior written permission.

8.2 Ownership of Outputs

Subject to your compliance with these Terms and payment of applicable fees, AI Outputs generated from your User Content are owned by you. You may use AI Outputs for your professional purposes, including in legal proceedings, subject to the limitations in Section 6.

8.3 Feedback

If you provide Silent Witness with feedback, suggestions, or ideas regarding the Platform ("Feedback"), you grant us an irrevocable, perpetual, royalty-free license to use, incorporate, and commercialize such Feedback without obligation to you.

9. Prohibited Uses

You agree not to use the Platform to:

• Submit fraudulent, fabricated, or falsified case materials with intent to deceive courts, arbitrators, opposing counsel, or insurance companies
• Violate any applicable federal, state, or local law or regulation, including rules of professional conduct governing attorneys
• Infringe the intellectual property, privacy, or other rights of any third party
• Upload content containing personal health information, biometric data, or other sensitive categories of data in violation of applicable privacy laws
• Harass, intimidate, or threaten any individual
• Introduce malware, viruses, ransomware, or other malicious code
• Attempt to gain unauthorized access to systems, networks, or accounts
• Engage in any activity that disrupts, interferes with, or imposes an unreasonable burden on the Platform or its infrastructure
• Misrepresent your identity, credentials, or affiliation
• Use the Platform in any manner that could expose Silent Witness to legal liability

10. Third-Party Services and Integrations

The Platform may integrate with or link to third-party services, APIs, and data sources ("Third-Party Services"). Your use of Third-Party Services is subject to their respective terms and conditions and privacy policies. Silent Witness does not endorse, warrant, or assume responsibility for any Third-Party Services.

We may offer integrations with legal case management systems, demand platforms, and other professional tools. Such integrations are provided as a convenience and may be modified or discontinued at any time. Silent Witness is not liable for data loss or errors resulting from Third-Party Service failures.

11. Privacy and Data Protection

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the data practices described in our Privacy Policy.

We process personal data submitted as part of User Content (including information about accident victims, claimants, witnesses, and other third parties) as a data processor on your behalf. You are the data controller responsible for ensuring that you have the necessary legal basis for submitting such personal data to the Platform and for complying with applicable privacy laws, including the GDPR, CCPA, HIPAA (where applicable), and applicable state privacy statutes.

12. Security

Silent Witness implements commercially reasonable administrative, technical, and physical security measures designed to protect User Content and Platform data against unauthorized access, disclosure, alteration, and destruction. These measures include, but are not limited to, encryption in transit and at rest, access controls, audit logging, and regular security assessments.

Notwithstanding the foregoing, no security system is impenetrable. We cannot guarantee the absolute security of your data. You are responsible for maintaining the confidentiality of your account credentials and for implementing appropriate security measures on your end, including use of strong passwords and multi-factor authentication where available.

In the event of a data breach affecting your User Content, we will notify you as required by applicable law and in accordance with our incident response procedures.

13. Disclaimers of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SILENT WITNESS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY AI OUTPUTS OR CONTENT AVAILABLE THROUGH THE PLATFORM; AND (D) WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Silent Witness does not warrant that AI Outputs will be admissible in any legal proceeding or will meet applicable standards for expert testimony. You acknowledge that AI-generated analysis is a tool to support, not substitute for, qualified expert opinion.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SILENT WITNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (B) ANY AI OUTPUTS OR ANALYSES GENERATED BY THE PLATFORM; (C) ANY ERRORS OR INACCURACIES IN USER CONTENT OR AI OUTPUTS; (D) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; OR (E) ANY THIRD-PARTY CONDUCT OR CONTENT ON THE PLATFORM.

IN NO EVENT SHALL SILENT WITNESS'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO SILENT WITNESS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Silent Witness, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content, including any claims that your User Content infringes third-party rights
• Your use of the Platform in violation of applicable law
• Your violation of any professional responsibility rules or ethical obligations
• Any misrepresentation of AI Outputs to courts, arbitrators, or opposing parties
• Any claim by a third party arising from your use of AI Outputs

16. Term and Termination

16.1 Term

These Terms are effective as of the date you first access the Platform and continue until terminated by either party.

16.2 Termination by You

You may terminate your account at any time by providing written notice to Silent Witness and ceasing use of the Platform. Termination does not entitle you to a refund of prepaid fees except as expressly provided in these Terms.

16.3 Termination by Silent Witness

We may suspend or terminate your access to the Platform immediately upon written notice if: (a) you breach any provision of these Terms; (b) we are required to do so by law; (c) you fail to pay applicable fees; (d) we reasonably believe your use poses a risk to the Platform, other users, or third parties; or (e) we decide to discontinue the Platform or a material feature thereof.

16.4 Effect of Termination

Upon termination: (a) your license to use the Platform immediately ends; (b) you must cease all use of the Platform; (c) we may delete your User Content after a 30-day grace period, during which you may export your data; and (d) provisions of these Terms that by their nature should survive termination shall survive, including Sections 8, 13, 14, 15, 17, 18, and 19.

17. Confidentiality

Each party may receive confidential or proprietary information of the other party ("Confidential Information"). Each party agrees to: (a) hold the other party's Confidential Information in strict confidence using no less than reasonable care; (b) use Confidential Information only for the purposes of performing its obligations or exercising its rights under these Terms; and (c) not disclose Confidential Information to third parties without the disclosing party's prior written consent, except to employees or contractors who need to know such information and are bound by confidentiality obligations at least as protective as those in these Terms.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives prompt written notice to allow the disclosing party to seek a protective order.

18. Dispute Resolution, Arbitration, and Class Action Waiver

18.1 Informal Resolution

Before initiating formal dispute proceedings, you agree to contact Silent Witness at contact@silentwitness.ai and provide a written description of the dispute, your desired resolution, and your contact information. Both parties agree to attempt to resolve the dispute informally for at least 30 days.

18.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or the Services — including questions of arbitrability — shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall take place in Los Angeles County, California, or via videoconference at either party's election. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

18.3 Class Action Waiver

YOU AND SILENT WITNESS AGREE THAT EACH PARTY 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE FOR ANY CLAIM, THEN THE ARBITRATION AGREEMENT SHALL NOT APPLY TO THAT CLAIM, AND THE CLAIM SHALL PROCEED IN COURT.

18.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

18.5 Opt-Out

You may opt out of the arbitration agreement within 30 days of first accepting these Terms by sending written notice to contact@silentwitness.ai with the subject line "Arbitration Opt-Out." Opting out does not affect any other provision of these Terms.

19. Governing Law and Jurisdiction

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. For disputes not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Los Angeles County, California.

20. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and any applicable Enterprise Agreement, constitute the entire agreement between you and Silent Witness regarding the Platform and supersede all prior agreements and understandings.
• Amendment: We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Platform at least 30 days before taking effect. Your continued use after the effective date constitutes acceptance.
• Severability: If any provision of these Terms is held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.
• Waiver: Failure by Silent Witness to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. Silent Witness may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
• Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, or internet outages.
• Notices: Legal notices to Silent Witness must be sent to contact@silentwitness.ai or to our registered agent at Silent Witness, Inc. Notices to you will be sent to the email address associated with your account.
• Export Compliance: You agree to comply with all applicable export control laws. You may not access or use the Platform from a country subject to U.S. trade sanctions or export restrictions.
• Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.

21. Contact Information

For questions about these Terms, please contact us: