Terms of Service

The agreement

These terms are between you — the organization using the service, and the people it authorizes — and Enthropic Data LLC ("we", "us"), a North Carolina limited liability company. By setting up an organization, accepting an invitation or using CustodyTap, you agree to them. If you are agreeing on behalf of an organization, you confirm you may bind it. A signed order form or pilot agreement, where one exists, takes precedence over these terms if the two conflict.

What CustodyTap is

CustodyTap records a chain of custody for removable media, laptops, test equipment and similar items, using signed NFC tags and tap-to-confirm actions on a phone. It produces custody histories, use logs, exception reports and destruction certificates, and lets you export your records. It is a recordkeeping tool that supports your compliance evidence; it does not itself make you compliant with any law or standard, and we do not provide legal, regulatory or audit advice.

Pilots and availability

CustodyTap is offered to new organizations as a time-limited pilot. During a pilot the service is provided as-is while we set up your organization, provision tags and train your people. We aim to keep the service available but do not guarantee uninterrupted operation, and we may change or withdraw features. Fees, if any, are set out in your order form or pilot agreement; where none is stated, the pilot is provided at no charge.

Accounts and access

Each person uses their own account, tied to their email address and a passkey on their device. You are responsible for who you invite and what role you give them, for keeping your devices and email secure, and for telling us promptly at dbrown@enthropicdata.com if an account or device is lost or compromised.

Your responsibilities

• Keep sensitive content out of the records. Track items by asset code and location code. Do not enter BES Cyber System Information, patient health information, passwords, or network names and addresses into free-text fields. The fields remind people of this; honoring it is your responsibility.
• Record accurately. The value of a custody record depends on people tapping honestly and at the right time. You are responsible for the accuracy of what your people enter.
• Use it lawfully. Do not use CustodyTap to break the law, infringe anyone's rights, probe or attack the service, attempt to defeat the tag signatures or tamper evidence, or access an organization's data that is not yours.
• Keep your own copies. Export your records regularly. You are responsible for retaining the evidence your own obligations require.

Your data is yours

As between us, your organization owns the custody records and other data it puts into CustodyTap. You grant us only the permission we need to host, process and display that data to run the service for you, and to keep the limited security and operational records described in the Privacy Policy. We do not sell your data or use it for advertising. On request during your subscription, and on termination, you can export your data; after termination we delete it in line with the Privacy Policy and any order form.

The tamper-evident record

CustodyTap chains events by hash and emails each day's chain head to your administrators so that a change or deletion is detectable. This is a strong safeguard, not a guarantee against every possible failure or attack. You should keep the daily chain-head emails and your exports, which are what let you prove integrity independently of us.

No warranty

CustodyTap is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be error-free, uninterrupted, or that it will satisfy any particular legal, regulatory or audit requirement.

Limitation of liability

To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising out of or relating to CustodyTap. Our total liability arising out of or relating to the service is limited to the greater of the fees you paid us for the service in the twelve months before the claim, or US $100. Nothing in these terms limits liability that cannot be limited by law.

Indemnity

You will defend and indemnify us against third-party claims arising from your use of CustodyTap in breach of these terms or applicable law, including claims arising from information you entered that should have been kept out of the records.

Suspension and termination

Either party may end a pilot or subscription as set out in the order form, or, if none, on reasonable notice. We may suspend access immediately if we reasonably believe the service is being attacked or misused, or to comply with the law, and will restore it once the cause is resolved. On termination your right to use CustodyTap ends; the sections on data ownership, warranties, liability, indemnity and governing law survive.

Changes to these terms

We may update these terms. For a material change affecting the application, we will notify your organization's administrators. Continuing to use CustodyTap after a change takes effect means you accept the updated terms.

Governing law

These terms are governed by the laws of the State of North Carolina and applicable US federal law, without regard to conflict-of-laws rules. The exclusive venue for any dispute is the state or federal courts located in Union County, North Carolina, and the parties consent to the jurisdiction of those courts. Before filing, both sides will try in good faith to resolve the dispute by contacting dbrown@enthropicdata.com.

Contact

Enthropic Data LLC — dbrown@enthropicdata.com.