Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Visit Proof LLC ("Visit Proof," "we," "us," or "our") governing your access to and use of the VisitProof platform, including our website at visitproof.com, our web application at app.visitproof.com, our mobile applications for iOS and Android, and all related services, features, and content (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of a supervised visitation agency or other organization (an "Agency"), you represent and warrant that you have the authority to bind that organization to these Terms, and the terms "you" and "your" refer to both you individually and the organization.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to refuse service to anyone for any reason at any time.

VisitProof is a software-as-a-service (SaaS) platform designed to help supervised visitation agencies and professionals manage, document, and report on supervised visits between parents and children in family law and child welfare cases.

The Service provides the following features and capabilities: visit scheduling and calendar management, real-time GPS location tracking and check-in/check-out functionality, photographic and video documentation during visits, visit progress notes and observations recording, report generation including court-required forms (such as FL-324P), invoice generation and payment processing, in-app messaging and communication tools, case management and multi-role user support, and calendar integration with third-party calendar services.

The Service is intended for use by supervised visitation agencies, their supervisors and staff, parents participating in supervised visitation pursuant to court orders or voluntary agreements, case workers and social workers involved in family court or child welfare cases, and other professionals authorized by an Agency to access the platform.

Visit Proof reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will endeavor to provide reasonable notice of material changes to the Service.

3.1 Eligibility The Service is intended for use by adults aged 18 and older. By creating an account or using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. The Service is not intended for use by minors.

3.2 Agency Registration Agencies must register for an account by providing accurate and complete information about their organization, including the organization's legal name, contact information, and the name and contact information of an authorized representative. The Agency account holder (the "Agency Administrator") is responsible for managing the Agency's account, including adding and removing users.

3.3 User Accounts Created by Agencies Agencies may create accounts for their supervisors, parents, and case workers within the Service. When an Agency creates an account on behalf of another individual, the Agency represents and warrants that it has obtained any necessary consent or authorization from that individual, it has provided or will provide that individual with notice of these Terms and our Privacy Policy, the information provided for that individual is accurate and complete, and it has the legal authority to create the account on that individual's behalf (including, for parents, any authority derived from court orders or applicable law).

3.4 Account Accuracy You are responsible for ensuring that all information provided in connection with your account is accurate, current, and complete. You must promptly update your account information if any changes occur.

4.1 Account Credentials You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree not to share your account credentials with any other person and to take reasonable steps to prevent unauthorized access to your account.

4.2 Account Activity You are responsible for all activity that occurs under your account, whether or not you have authorized such activity. You agree to notify us immediately at info@visitproof.com if you become aware of any unauthorized access to or use of your account.

4.3 Account Security We implement reasonable security measures to protect your account. However, we cannot guarantee that unauthorized third parties will never be able to circumvent our security measures. You acknowledge that you provide your personal information at your own risk.

4.4 Agency Responsibility for User Accounts Agencies are responsible for managing access to the Service for their supervisors, parents, and case workers. This includes promptly deactivating accounts for individuals who are no longer authorized to access the Service, ensuring that users understand and comply with these Terms, and maintaining appropriate access controls within their organization.

4.5 One Account Per Person Each user account is intended for use by a single individual. Account sharing is prohibited. If an Agency needs multiple individuals to access the Service, each individual must have their own account.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

5.1 Prohibited Conduct Use the Service for any purpose that is unlawful, fraudulent, or harmful. Violate any applicable federal, state, or local law, regulation, or court order. Upload, transmit, or distribute any content that is defamatory, obscene, abusive, threatening, or otherwise objectionable. Impersonate any person or entity or misrepresent your affiliation with any person or entity. Interfere with or disrupt the operation of the Service or the servers or networks connected to the Service. Attempt to gain unauthorized access to any part of the Service, other user accounts, or any systems or networks connected to the Service. Use the Service to collect, harvest, or store personal information about other users except as necessary and authorized for supervised visitation case management. Use any automated means (including bots, scrapers, or similar tools) to access the Service without our prior written consent. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service. Remove, obscure, or alter any proprietary notices or labels on the Service. Use the Service to send unsolicited communications (spam). Upload or transmit any viruses, malware, or other harmful code.

5.2 Data Integrity You agree to provide accurate and truthful information when using the Service, including in visit notes, reports, check-ins, and other documentation. Falsifying records, including visit attendance, location data, or progress notes, is strictly prohibited and may constitute fraud or perjury under applicable law.

5.3 Confidentiality of Case Information You acknowledge that information on the platform relates to sensitive family court and child welfare proceedings. You agree to maintain the confidentiality of all case information accessed through the Service and to use such information only for authorized purposes related to supervised visitation management.

5.4 Consequences of Violation Violation of this Acceptable Use Policy may result in suspension or termination of your account, removal of offending content, and legal action where appropriate. We reserve the right to investigate and take appropriate action in response to any suspected violation of these Terms.

Agencies bear significant responsibilities when using the Service due to the sensitive nature of supervised visitation:

6.1 Data Controller Role The Agency is the data controller for all case-related information entered into the Service by or on behalf of the Agency, including information about parents, children, supervisors, case workers, and visit records. Visit Proof acts as a data processor, processing case-related information on behalf of and at the direction of the Agency.

6.2 Consent and Legal Basis The Agency is solely responsible for ensuring that it has obtained all necessary consents, authorizations, and legal bases required to collect, use, and input personal information into the Service. This includes, without limitation, consent from parents to collect and process their personal information, authorization to collect and store information about minors as part of case records, compliance with all applicable court orders governing the sharing and handling of case information, and compliance with all applicable federal, state, and local privacy laws.

6.3 Court Orders and Legal Compliance The Agency is responsible for ensuring that its use of the Service complies with all applicable court orders, including orders governing supervised visitation arrangements, restrictions on information sharing, and requirements for documentation and reporting. Visit Proof is not responsible for monitoring or enforcing compliance with court orders.

6.4 Supervisor Management The Agency is responsible for properly vetting and credentialing its supervisors, training supervisors on the appropriate use of the Service, monitoring supervisor activity on the platform, and ensuring supervisors comply with professional standards and applicable regulations.

6.5 Data Accuracy The Agency is responsible for the accuracy and completeness of case information entered into the Service. The Agency should implement appropriate quality assurance processes to verify data accuracy.

6.6 Regulatory Compliance The Agency is responsible for complying with all federal, state, and local laws and regulations applicable to supervised visitation services, including licensing and certification requirements, mandatory reporting obligations (such as child abuse reporting), record-keeping requirements, and privacy and data protection obligations.

Visit Proof does not provide legal advice regarding regulatory compliance, and the availability of features in the Service does not constitute a representation that use of such features will satisfy any particular legal or regulatory requirement.

7.1 Supervisor Users Supervisor accounts are created by Agencies for individuals who conduct supervised visits. Supervisors are authorized to access the Service as directed by their Agency to manage and document supervised visits. Supervisors must comply with these Terms, their Agency's policies and procedures, applicable professional standards and regulations, and all applicable court orders.

Supervisor access to the Service is controlled by the Agency. The Agency may modify or revoke a supervisor's access at any time.

7.2 Parent Users Parent accounts are created by Agencies for parents participating in supervised visitation. Parent users may have limited access to the Service as configured by their Agency, which may include viewing visit schedules, communicating with supervisors through the platform, and accessing limited visit information.

Parent access to the Service is controlled by the Agency and may be subject to court orders or other legal restrictions. The Agency may modify or revoke a parent's access at any time.

7.3 Case Worker Users Case worker accounts may be created by Agencies for social workers, court-appointed special advocates (CASAs), attorneys, or other professionals involved in cases. Case worker access is configured and controlled by the Agency.

7.4 Relationship with Agency Supervisors, parents, and case workers acknowledge that their use of the Service is governed by both these Terms and the policies of their Agency. In the event of a conflict between these Terms and an Agency's policies regarding the use of the Service, these Terms shall control with respect to the relationship between the user and Visit Proof, and the Agency's policies shall control with respect to the relationship between the user and the Agency.

8.1 Subscription Fees Access to the Service requires a paid subscription. Fees are based on the number of active supervisors on the Agency's account during each billing period. The current pricing is available on our website or upon request. We reserve the right to change our pricing at any time upon thirty (30) days' written notice to the Agency.

8.2 Free Trial New Agencies may be eligible for a thirty (30) day free trial of the Service. During the free trial, the Agency will have access to the full functionality of the Service. At the end of the free trial period, the Agency must subscribe to a paid plan to continue using the Service. We reserve the right to modify or discontinue the free trial offer at any time.

8.3 Billing Subscription fees are billed on a recurring basis (monthly or annually, as selected by the Agency). Billing is based on the number of active supervisors during the billing period. An "active supervisor" is defined as any supervisor account that has been used to log into the Service or has been associated with any visit activity during the billing period.

8.4 Payment Processing All payments are processed through Stripe, our third-party payment processor. By subscribing to the Service, you agree to Stripe's terms of service and authorize us to charge your designated payment method for all applicable fees. You are responsible for maintaining accurate and up-to-date payment information.

8.5 Taxes Fees are exclusive of all applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for all taxes associated with your subscription, excluding taxes on Visit Proof's net income.

8.6 Late Payment If payment is not received by the due date, we reserve the right to charge interest on the overdue amount at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is less), suspend access to the Service until payment is received, and pursue collection of outstanding amounts through appropriate means.

8.7 No Refunds All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law. This includes fees for partial billing periods and fees paid prior to account termination. We do not provide refunds or credits for unused portions of a subscription period.

8.8 Fee Disputes If you believe you have been billed incorrectly, you must contact us at info@visitproof.com within thirty (30) days of the billing date in question. Failure to notify us within this period constitutes acceptance of the charges.

9.1 Visit Proof Intellectual Property The Service, including all software, code, design, text, graphics, logos, icons, images, audio, video, and other materials comprising the Service (collectively, "Visit Proof Content"), is owned by or licensed to Visit Proof and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

"VisitProof," "Visit Proof," and our logos and product names are trademarks of Visit Proof LLC. You may not use these trademarks without our prior written consent.

9.2 License to Use the Service Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes (for Agencies) or for your authorized purpose as a supervisor, parent, or case worker. This license does not include the right to modify, copy, distribute, sell, lease, or create derivative works based on the Service or any Visit Proof Content.

9.3 Restrictions You may not copy, modify, or distribute the Service or any Visit Proof Content. You may not sell, sublicense, rent, lease, or lend the Service or any Visit Proof Content. You may not reverse engineer, decompile, or disassemble any aspect of the Service. You may not use the Service to develop a competing product or service. You may not use any data mining, robots, or similar data gathering methods on the Service.

9.4 Feedback If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any media. You agree that Feedback is not confidential and that you are not entitled to any compensation for Feedback.

10.1 Definition Users may upload, submit, store, and transmit various types of content through the Service, including visit notes and progress reports, photographs and videos taken during visits, chat messages and communications, case information and documentation, and reports and invoices (collectively, "User Content").

10.2 Ownership of User Content As between the Agency and Visit Proof, the Agency retains all right, title, and interest in and to its User Content. Visit Proof does not claim ownership of User Content.

10.3 License to Visit Proof By uploading or submitting User Content to the Service, you grant Visit Proof a non-exclusive, worldwide, royalty-free license to use, store, reproduce, modify (solely for technical purposes such as formatting and display), and transmit the User Content solely as necessary to provide, maintain, and improve the Service. This license terminates when the User Content is deleted from the Service, except that backup copies may persist for a reasonable period.

10.4 User Content Representations You represent and warrant that you own or have the necessary rights and permissions to upload and use all User Content you submit through the Service, your User Content does not violate the rights of any third party, including intellectual property rights and privacy rights, and your User Content does not contain any unlawful, defamatory, obscene, or otherwise objectionable material (except to the extent that case-related content may include descriptions of sensitive family situations as necessary for professional documentation).

10.5 Responsibility for User Content You are solely responsible for all User Content you upload, submit, or transmit through the Service. Visit Proof does not endorse, verify, or assume any responsibility for User Content. Visit Proof reserves the right to remove or disable access to any User Content that we believe violates these Terms, without prior notice.

10.6 Data Export Agencies may export their User Content through the Service's export functionality. Upon termination of an Agency's subscription, User Content will be available for export for thirty (30) days as described in our Privacy Policy.

11.1 Sensitive Nature of Data You acknowledge that the Service is used to manage supervised visitation cases involving sensitive family law and child welfare proceedings. The data on the platform may include information about minors, information subject to court orders, sensitive personal and family information, information that may be used in legal proceedings, and location and photographic/video evidence.

11.2 Confidentiality Obligations All users agree to maintain the confidentiality of case information accessed through the Service and to use such information only for authorized purposes. Users must not disclose case information to unauthorized individuals, use case information for purposes unrelated to supervised visitation management, access cases or information to which they are not authorized, or take screenshots, photos, or copies of case information except as authorized by the Agency and applicable law.

11.3 Visit Proof Confidentiality Visit Proof will maintain the confidentiality of all data stored on the platform and will not access, use, or disclose case information except as necessary to provide and maintain the Service, as required by law, court order, or legal process, as authorized by the Agency, or in aggregated or de-identified form that does not identify any individual.

11.4 Professional Responsibilities Nothing in these Terms supersedes or modifies the professional obligations of supervisors, case workers, or other professionals using the Service, including mandatory reporting obligations, professional confidentiality requirements, court-ordered obligations, and professional licensing requirements. Users are responsible for understanding and complying with all professional obligations applicable to their role.

12.1 Privacy Policy Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at visitproof.com/privacy. By using the Service, you agree to the terms of our Privacy Policy.

12.2 Data Processing Visit Proof processes personal data on behalf of Agencies as a data processor. Agencies, as data controllers, are responsible for ensuring that their use of the Service complies with applicable data protection laws.

12.3 Data Security We implement and maintain reasonable administrative, technical, and physical safeguards to protect the data stored on our platform, as described in our Privacy Policy. However, no system is completely secure, and we cannot guarantee the absolute security of your data.

12.4 Data Breach Notification In the event of a data breach that affects personal information stored on our platform, we will notify affected Agencies promptly in accordance with applicable law and our contractual obligations. Agencies are responsible for notifying their users and any relevant authorities as required by applicable law.

12.5 HIPAA Disclaimer Visit Proof is not a HIPAA-covered entity and does not provide HIPAA-compliant hosting. While the Service handles sensitive personal information, it is designed for supervised visitation management, not for the provision of health care services. Agencies that are subject to HIPAA should evaluate whether their use of the Service involves protected health information and take appropriate measures.

13.1 No Legal Advice THE SERVICE IS A TECHNOLOGY PLATFORM FOR SUPERVISED VISITATION MANAGEMENT. VISIT PROOF DOES NOT PROVIDE LEGAL ADVICE, AND NOTHING IN THE SERVICE SHOULD BE CONSTRUED AS LEGAL ADVICE. THE AVAILABILITY OF FEATURES SUCH AS REPORT TEMPLATES (INCLUDING FL-324P FORMS) DOES NOT CONSTITUTE A REPRESENTATION THAT USE OF SUCH FEATURES WILL SATISFY ANY PARTICULAR LEGAL OR REGULATORY REQUIREMENT. AGENCIES AND USERS SHOULD CONSULT WITH QUALIFIED LEGAL COUNSEL REGARDING THEIR LEGAL OBLIGATIONS.

13.2 No Substitute for Professional Judgment THE SERVICE IS A TOOL TO ASSIST SUPERVISED VISITATION PROFESSIONALS. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT, TRAINING, OR EXPERIENCE. SUPERVISORS MUST EXERCISE THEIR OWN PROFESSIONAL JUDGMENT IN CONDUCTING VISITS AND MAKING DECISIONS ABOUT CHILD SAFETY. VISIT PROOF DOES NOT ASSESS, EVALUATE, OR MAKE RECOMMENDATIONS REGARDING THE SAFETY OR WELL-BEING OF ANY INDIVIDUAL.

13.3 "As Is" and "As Available" THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VISIT PROOF DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

13.4 No Guarantee of Availability WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS.

13.5 Accuracy of Information WHILE WE STRIVE TO PROVIDE ACCURATE AND RELIABLE TECHNOLOGY, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING LOCATION DATA, TIME STAMPS, OR REPORT GENERATION. USERS ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INFORMATION.

13.6 Third-Party Services WE DISCLAIM ALL LIABILITY FOR THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS, INCLUDING STRIPE, TWILIO, SENDGRID, NYLAS, GOOGLE CLOUD, AND SENTRY. YOUR USE OF THIRD-PARTY SERVICES IS SUBJECT TO THEIR RESPECTIVE TERMS AND POLICIES.

14.1 Limitation of Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISIT PROOF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF VISIT PROOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF VISIT PROOF FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO VISIT PROOF DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

14.3 Basis of the Bargain YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND VISIT PROOF, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. VISIT PROOF WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

14.4 Exceptions NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

14.5 Specific Disclaimer Regarding Child Safety VISIT PROOF PROVIDES A TECHNOLOGY PLATFORM AND DOES NOT SUPERVISE VISITS, ASSESS CHILD SAFETY, OR MAKE CUSTODY OR VISITATION RECOMMENDATIONS. VISIT PROOF SHALL NOT BE LIABLE FOR ANY HARM, INJURY, OR DAMAGES ARISING FROM SUPERVISED VISITATION ACTIVITIES, REGARDLESS OF WHETHER THE SERVICE WAS USED IN CONNECTION WITH SUCH ACTIVITIES. THE RESPONSIBILITY FOR CHILD SAFETY DURING SUPERVISED VISITS RESTS SOLELY WITH THE AGENCY, THE SUPERVISOR CONDUCTING THE VISIT, AND OTHER RESPONSIBLE PARTIES AS DETERMINED BY APPLICABLE LAW AND COURT ORDERS.

15.1 Your Indemnification Obligations You agree to indemnify, defend, and hold harmless Visit Proof, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to your use of the Service or violation of these Terms, your User Content or any information you provide through the Service, your violation of any applicable law, regulation, or court order, your infringement of any third party's intellectual property or other rights, any claim by a third party related to your use of the Service (including claims by parents, supervisors, case workers, or other individuals involved in cases managed through the Service), your Agency's failure to obtain necessary consents or authorizations, or any dispute between you and any other user of the Service.

15.2 Agency-Specific Indemnification Agencies additionally agree to indemnify Visit Proof against claims arising from the Agency's management of supervised visitation cases, the Agency's compliance or non-compliance with court orders, the Agency's failure to comply with applicable licensing, certification, or regulatory requirements, the actions or omissions of the Agency's supervisors or other personnel during supervised visits, and any claim that the Agency's use of the Service violated the privacy rights of any individual.

15.3 Indemnification Procedure Visit Proof will provide you with prompt written notice of any claim subject to indemnification (provided that failure to provide notice will not relieve your indemnification obligations except to the extent you are materially prejudiced). You will have the right to control the defense and settlement of such claim, provided that you may not settle any claim without Visit Proof's prior written consent if the settlement would impose any obligation on Visit Proof or would not fully release Visit Proof from liability.

16.1 Informal Resolution Before filing any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") informally by contacting us at info@visitproof.com. We will attempt to resolve the Dispute informally within sixty (60) days of receiving your notice. If we are unable to resolve the Dispute informally, either party may proceed as set forth below.

16.2 Binding Arbitration If the Dispute cannot be resolved informally, you and Visit Proof agree that the Dispute shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, in the English language, and shall take place in the state where the Agency is located (or, if you are not an Agency, in a mutually agreed-upon location or by videoconference). The arbitrator shall have the authority to award any remedy that would be available in a court of competent jurisdiction.

The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

16.3 Class Action Waiver YOU AND VISIT PROOF AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO CONDUCT ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

16.4 Arbitration Opt-Out You may opt out of the binding arbitration provision by sending a written notice of your decision to opt out to info@visitproof.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the remaining provisions of this Section 16 will continue to apply.

16.5 Exceptions to Arbitration Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information. Additionally, claims within the jurisdiction of small claims court may be brought in small claims court.

16.6 Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent that litigation is permitted under this Section, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.

16.7 Time Limitation Any claim or cause of action arising out of or relating to these Terms or the Service must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

17.1 Termination by Agency Agencies may terminate their subscription and close their account at any time by providing written notice to info@visitproof.com. Termination will be effective at the end of the then-current billing period. No refund will be provided for any unused portion of the billing period.

17.2 Termination by Visit Proof Visit Proof may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including for violation of these Terms or the Acceptable Use Policy, non-payment of fees, extended inactivity, or any other reason we deem appropriate in our sole discretion.

Where practicable, we will provide reasonable notice before termination and an opportunity to cure any violation. However, we reserve the right to terminate immediately in cases involving illegal activity, threats to child safety, data breaches, or other serious violations.

17.3 Effect of Termination Upon termination of your account or subscription, your right to access and use the Service will cease immediately. For Agency accounts, Agency data will be available for export for thirty (30) days following termination as described in our Privacy Policy. After the export period, data will be handled in accordance with our data retention policies. Any outstanding fees incurred prior to termination remain payable.

17.4 Survival The following provisions shall survive termination of these Terms: Section 5 (Acceptable Use, with respect to obligations relating to previously submitted content), Section 6 (Agency Responsibilities, with respect to continuing obligations), Section 8 (Fees and Payment, with respect to outstanding amounts), Section 9 (Intellectual Property), Section 10 (User-Generated Content, with respect to ownership and licenses), Section 11 (Confidentiality), Section 13 (Disclaimers), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 16 (Dispute Resolution), and this Section 17.4.

18.1 Right to Modify Visit Proof reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new effective date, sending an email notification to the Agency Administrator, and providing an in-app notification.

18.2 Acceptance of Modified Terms Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and contact us to terminate your account.

18.3 Material Changes For changes that materially reduce your rights or increase your obligations, we will provide at least thirty (30) days' notice before the changes take effect. During this notice period, you may terminate your account if you do not agree to the changes.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties, or if such modification is not possible, the provision shall be severed from these Terms.

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Visit Proof with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Visit Proof's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

If Visit Proof enters into a separate written agreement with an Agency that contains terms conflicting with these Terms, the separate written agreement shall control to the extent of the conflict, but only with respect to the Agency that is a party to such agreement.

If you have any questions about these Terms or the Service, please contact us at:

Visit Proof LLC Email: info@visitproof.com Website: visitproof.com

For billing inquiries, please contact info@visitproof.com with the subject line "Billing Inquiry."

For legal notices, please send correspondence to info@visitproof.com with the subject line "Legal Notice." Legal notices are deemed given when received by Visit Proof.

For urgent matters related to child safety or data breaches, please contact us immediately at info@visitproof.com with the subject line "URGENT" and provide a detailed description of the concern.