Terms of Service

IMPORTANT: These Terms of Service ("Terms") govern your access to and use of the website, members-only portal, and payment services provided by In-Situ Software Solutions Inc. ("we," "us," or "our").

Note: The actual installation and use of the Exhibit In-Sight desktop and mobile software applications are governed separately by our End User License Agreement (EULA).

1. Acceptance of Terms & Agency Classification

By accessing our website, creating an account, or purchasing a subscription, you agree to be bound by these Terms. Registration, purchasing, and use of these services are explicitly restricted to verified law enforcement agencies operating within Canada. You represent and warrant that you are purchasing on behalf of an authorized Canadian agency, and not as an individual consumer, private investigator, or commercial entity. Consumer protection statutes do not apply to these commercial transactions. We reserve the right to reject, suspend, or terminate accounts that do not belong to recognized Canadian law enforcement entities.

1.1 Scope of Licensing and Headcount Alignment

Subscriptions are granted based on the total active sworn officer headcount of the subscribing operational entity (e.g., standalone municipal police department, specific police detachment, specialized unit, or operational section). To ensure fair and predictable licensing across agencies of all sizes:

1.2 Authorized Procurement & Operational Misuse Disclaimer

Any individual purchasing a subscription or registering an account warrants that they possess lawful delegated procurement authority on behalf of the designated law enforcement agency. In-Situ Software Solutions Inc. provides administrative software access and software distribution infrastructure only. We exercise no supervisory control over operational policing activities, file number assignments, evidence collection procedures, or case management decisions. The subscribing agency assumes total responsibility for the training, supervision, and operational compliance of its personnel utilizing the software.

2. Account Registration and Security

To access the Exhibit In-Sight software downloads and secure portal, you must register an account. You agree to provide accurate, current, and complete administrative and billing information.

3. Tiered Monthly Subscriptions and Payments

We utilize a third-party payment processor (Stripe) to handle all subscription billing transactions safely and securely. By providing a payment method, you authorize us (via Stripe) to charge the applicable recurring monthly subscription fees to your designated payment method in Canadian Dollars (CAD), plus applicable federal and provincial taxes (GST/HST/PST).

3.1 30-Day Free Trial

All new agency subscriptions include an initial 30-day free trial upon signup. During this trial period, your agency may install the software suite, conduct internal staff training, generate test or practice files, and evaluate the software in active operations without fee. Continued operation beyond the 30-day free trial requires an active, paid monthly subscription.

3.2 Flat-Rate Headcount Tiers & Included Features

Subscription pricing is structured as a flat-rate monthly fee determined strictly by your agency's active sworn officer headcount tier. An active subscription includes:

Zero-Custody Architecture: Subscriptions grant access to software binaries, license authentication tokens, and routine software maintenance. In-Situ Software Solutions Inc. is not a cloud repository, Digital Evidence Management System (DEMS) hosting provider, or data broker. We never store, possess, transmit, or hold legal custody of your agency’s evidentiary case files, notes, or photographs. Full legal ownership, physical possession, and operational custody of all data generated by the software remain permanently with the subscribing agency.

3.3 Price Adjustments

Subscription prices, plan structures, and software features are subject to change upon written notice. For active recurring subscriptions, any rate adjustments will be communicated to the registered billing contact at least thirty (30) days prior to the start of the next billing cycle. Continued use of the Software following notification constitutes acceptance of the modified terms.

3.4 Local Evidence Management, Cloud-Sync Hazards & Offline Ingestion

All case files, notes, photographs, and container archives (.eis and .eis_mobile) generated by the Software are stored exclusively on local agency hardware and media. In-Situ Software Solutions Inc. exercises zero custody, possession, or electronic control over agency data. We are not liable for: (a) file corruption, locking collisions, or application freezes caused by operating active containers within live third-party cloud-synchronization directories (e.g., Microsoft OneDrive, SharePoint, Google Drive); (b) lost, corrupted, or unmerged offline rescue archives (.eis_mobile) transferred via physical media or email; (c) failure by agency personnel to ingest offline data prior to statutory disclosure deadlines; or (d) data loss resulting from agency hardware failures, unencrypted devices, or user error.

3.5 Judicial Inquiries, Subpoenas & Expert Witness Compensation

If In-Situ Software Solutions Inc. or any of its personnel is served with a subpoena, court order, summons, or third-party disclosure application in connection with any criminal, civil, regulatory, or administrative proceeding arising out of the agency’s operational deployment of the Software (including inquiries into software architecture, SHA-256 hash chains, local PIN switching, or mobile synchronization mechanics), the subscribing agency agrees to: (a) reimburse In-Situ Software Solutions Inc. for all reasonable external legal fees and disbursements incurred to respond to or challenge the demand on a full-indemnity (solicitor-and-own-client) basis; (b) cover all actual travel, meal, and lodging expenses; and (c) compensate In-Situ Software Solutions Inc. for technical consultation, affidavit preparation, pre-trial conferences, and court testimony at our standard corporate rate of $350.00 CAD per hour (or Licensor's then-current standard rate upon written notice).

4. Cancellation and Account Suspension

You may cancel your monthly subscription at any time through the members-only portal or by contacting technical support. Cancellation will take effect at the end of your current monthly billing cycle.

5. Website Intellectual Property

All content on this website—including but not limited to text, graphics, logos ("Exhibit In-Sight"), icons, images, audio clips, and digital downloads—is the property of In-Situ Software Solutions Inc. and is protected by Canadian and international copyright and trademark laws.

6. Third-Party Links and Services

Our website may contain links to third-party websites or services (such as Stripe for payments) that are not owned or controlled by In-Situ Software Solutions Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

7. Disclaimer of Website Warranties and Limitation of Liability

Aggregate Financial Liability Cap & Tercon Acknowledgement: Subject to the exclusions above and to the maximum extent permitted by the laws of British Columbia and the federal laws of Canada applicable therein, the total aggregate liability of In-Situ Software Solutions Inc. arising out of, under, or in connection with these Terms, the website, the members portal, or the procurement of subscriptions—whether arising in contract, tort (including fundamental breach or negligence), strict liability, or any other legal or equitable theory—shall under all circumstances be strictly limited to and shall not exceed the total subscription fees actually paid by the subscribing Agency to In-Situ Software Solutions Inc. during the twelve (12) month period immediately preceding the event giving rise to liability. The parties expressly agree that this aggregate financial cap reflects an informed commercial allocation of risk between sophisticated public entities and the Licensor, forms an essential basis of the bargain, and pursuant to the Supreme Court of Canada's framework in Tercon Contractors Ltd. v. British Columbia, is neither unconscionable nor contrary to public policy.

8. Governing Law, Jurisdiction & Class Action Waiver

These Terms and any dispute, controversy, or claim arising out of or in connection with them shall be governed by, construed, and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Exclusive Venue: Each party irrevocably attorns to the exclusive personal jurisdiction of the provincial and federal courts located in Vancouver, British Columbia, Canada, for the resolution of any dispute or judicial proceeding arising under these Terms.

Waiver of Class Action Proceedings: To the maximum extent permitted by applicable Canadian law, the Agency agrees that any dispute or proceeding against In-Situ Software Solutions Inc. shall be conducted solely on an individual institutional basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The Agency explicitly waives any right to commence, participate in, or join any class action lawsuit against In-Situ Software Solutions Inc. under the Class Proceedings Act (British Columbia) or equivalent legislation in any other Canadian province or territory.

9. Contact Us

If you have any questions about these Terms or procurement requirements, please contact us at: admin@exhibitinsight.com.