Terms of Service & End User License Agreement

Effective Date: August 30, 2026 • Version 2.4 (Commercial Release)

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Commercial Summary for Law Enforcement, Insurers & Forensic Engineers

NexusRecon Collision Reconstruction Platform provides analytical calculation, telemetry synchronization, photogrammetry, and case management software. By accessing this platform, your agency or firm enters into a legally binding agreement governing evidentiary integrity, data ownership, limitation of liability, and permissible use under state and federal law.

1. Disclaimer of Legal Advice & Expert Representation

NexusRecon Platform is a computational and investigative software suite. The software does not provide legal advice, formal accident reconstruction opinions, or official statutory determinations.

  • Software calculations (e.g. Monte Carlo speeds, Campbell crush energy, Pacejka tire forces, and CVSA brake evaluations) are mathematical simulations designed to assist qualified investigators.
  • All outputs must be reviewed, verified, and certified by an ACTAR-accredited collision reconstructionist or licensed Professional Engineer (PE) prior to submission in court, arbitration, or regulatory filings.
  • Licensing the software does not constitute an engagement of NexusRecon as an expert witness, nor does it guarantee specific judicial outcomes, admissibility rulings under Daubert or Frye, or insurance settlement determinations.

2. Evidentiary Integrity, Chain of Custody & Lawful Ingestion

Customer represents and warrants that all digital media, Event Data Recorder (EDR) extracts, dashcam footage, and investigative reports uploaded to the platform have been lawfully obtained under one or more valid legal authorities:

Driver Privacy Act ComplianceEDR downloads comply with 49 U.S.C. § 30101 via owner consent, judicial warrant, court order, or statutory fleet exception.
Fourth Amendment / WarrantsLaw enforcement uploads comply with constitutional search and seizure protocols and statutory chain of custody.

3. Customer Data Ownership & Confidentiality

Customer retains 100% intellectual property ownership, copyright, and title to all case records, telemetry files, point clouds, and uploaded evidence. NexusRecon asserts no ownership rights over Customer case data.

Customer data is stored with multi-tenant logical isolation and cryptographic SHA-256 WORM (Write Once, Read Many) tamper verification under Federal Rule of Evidence 902(14). Customer may export complete, uncompressed case archives at any time via the export suite.

4. Limitation of Liability & Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APEX, ITS AFFILIATES, OFFICERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF LITIGATION OUTCOMES, SETTLEMENT VALUE, EVIDENCE EXCLUSION, LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.

APEX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SOFTWARE SHALL BE LIMITED TO THE TOTAL FEES PAID BY THE CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

5. Customer Indemnification

Customer agrees to defend, indemnify, and hold harmless NexusRecon, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) Customer's violation of applicable law (including warrantless evidence seizures or unauthorized EDR downloads); (b) Customer's expert witness testimony or judicial submissions; or (c) Customer's breach of these Terms.

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