Terms of Service
Operated by Evidence Tracker Global Pty Ltd (ACN 701 146 296), Ulverstone, Tasmania 7315, Australia · support@evidencetrackerglobal.com
By using Separation Tracker you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.
1. Not Legal Advice
Evidence Tracker Global Pty Ltd is not a law firm. The App is a record-keeping tool. Nothing in it is legal advice, a legal opinion, or a recommendation about legal strategy, and using it does not create a solicitor-client or any other professional relationship.
We do not determine whether your records are admissible, complete, relevant or sufficient for any purpose, or whether any court will accept them. Obtain advice from a qualified legal practitioner about your circumstances.
2. Eligibility
You must be at least 18 years old and able to enter a binding contract.
3. Your Records
You own what you put in the App. Your records are stored on your own device. We do not receive them, hold them, or have any ability to access them.
You are solely responsible for:
- The lawfulness of what you record. Laws on recording conversations, capturing messages, photography and surveillance differ between countries and between Australian states and territories. Conduct lawful in one place may be a criminal offence in another. We do not advise on this.
- Having authority to record information about others, including children, where parental responsibility is shared.
- Complying with court orders, suppression and non-publication orders, undertakings, and statutory restrictions on publishing accounts of family law proceedings, including Part XIVB of the Family Law Act 1975 (Cth) and its equivalents in New Zealand, England and Wales, and Ireland.
- Keeping your own backups. See section 4.
4. Backups And Data Loss — Please Read
Your records are stored only on your device. We do not have a copy and cannot recover your data in any circumstance.
The App lets you create an encrypted backup file protected by a passphrase you choose. You decide where that file is stored. We recommend backing up at least weekly, and before any court date.
You acknowledge and agree that:
- If your device is lost, stolen, damaged, reset or replaced and you have not made a backup, your records may be permanently unrecoverable.
- If you lose your backup passphrase, the backup file cannot be opened by anyone, including us. There is no recovery mechanism. This is a deliberate security design, not a defect.
- We are not liable for loss of data in any of these circumstances.
5. Record Integrity
The App records the date and time each entry is created, and this cannot be altered. Corrections to entries are permitted but are recorded and visible, including in exports. Imported content — photographs, documents, messages — cannot be edited; only its title, category and tags can be changed.
We make no representation that any record will be accepted by a court, or as to the weight any court will give it. Admissibility and weight are matters for the court and for your legal representatives.
6. Acceptable Use
You must not use the App to break any law; to harass, stalk, intimidate or unlawfully surveil any person; to store or distribute unlawful material; to infringe another person's rights; to reverse-engineer, resell or redistribute the App; or to interfere with its operation or security.
We may suspend or terminate your access for breach of this section.
7. Subscriptions And Payments
Pricing is displayed in the App at the time of purchase.
- All payments are processed by the Apple App Store or Google Play under their terms. We do not receive or hold your payment details.
- Subscriptions renew automatically unless cancelled through your app store account before the renewal date.
- Refunds are handled by Apple or Google under their policies, not by us.
- We may change prices prospectively with notice. Changes apply from your next renewal.
- Nothing in these Terms excludes, restricts or modifies the consumer guarantees under the Australian Consumer Law or equivalent non-excludable rights in New Zealand, the United Kingdom or Ireland.
8. Availability
The App is offered in Australia, New Zealand, the United Kingdom and Ireland. Jurisdiction-specific content is provided for those markets only. If you use the App elsewhere, you are responsible for compliance with local law and some features may be unsuitable or unavailable.
9. Third-Party Services
Subscription billing (Apple, Google) and subscription management (RevenueCat) are governed by those providers' terms in addition to these. We are not responsible for their acts or omissions.
10. Intellectual Property
The App, its design, content and branding are owned by Evidence Tracker Global Pty Ltd or its licensors. You receive a personal, revocable, non-transferable, non-exclusive licence to use the App for your own purposes. Your records remain yours. Nothing in these Terms gives us any right or licence to your content.
11. Disclaimers
To the extent permitted by law, the App is provided "as is". We do not warrant that it will be uninterrupted or error-free, that it will meet any particular requirement, or that it will produce any outcome in any legal proceeding.
12. Limitation Of Liability
To the extent permitted by law, we exclude liability for indirect, consequential, special or incidental loss, and for loss of data, loss of profits or loss of opportunity. Our total aggregate liability arising out of or in connection with the App is limited to the total amount you paid us in the twelve months before the event giving rise to the claim.
Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including the consumer guarantees under the Australian Consumer Law. Where our liability under a non-excludable guarantee can be limited, it is limited at our option to re-supplying the service or paying the cost of re-supply.
13. Indemnity
You indemnify us against claims, losses and costs arising from your unlawful collection, storage or use of material; your breach of a court order or statutory restriction; or your breach of these Terms — except to the extent we caused the loss.
14. Termination
You may stop using the App at any time. Deleting the App removes your records from your device. We may terminate or suspend access for breach of these Terms on reasonable notice, or immediately where the breach is serious or unlawful.
Sections 1, 3, 4, 5, 11, 12, 13 and 16 survive termination.
15. Changes
We may modify the App and these Terms. Where a change is material we will notify you in the App before it takes effect. Continued use after that constitutes acceptance.
16. Governing Law And Contact
These Terms are governed by the laws of Tasmania, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Tasmania and courts hearing appeals from them. Nothing prevents a consumer bringing proceedings in the courts of their own country of residence where they have a non-excludable right to do so.
Disputes: contact us first at support@evidencetrackerglobal.com. We will acknowledge within 7 days and respond substantively within 30 days.
Evidence Tracker Global Pty Ltd
Acn 701 146 296
Ulverstone, Tasmania 7315, Australia
support@evidencetrackerglobal.com