Terms of Service

ProveAudio Terms of Service including expert witness provisions, arbitration agreement, and self-authenticating certificate acknowledgments.

Last updated: February 2026

1. Acceptance of Terms

By using ProveAudio, you agree to these terms. If you disagree, do not use our service.

2. Service Description

ProveAudio provides forensic audio watermarking and verification services. We:
- Embed cryptographic watermarks into audio files
- Verify the presence of watermarks in audio
- Issue cryptographic certificates of provenance

3. User Responsibilities

You agree to:
- Only upload audio you have rights to watermark
- Not use the service for illegal purposes
- Not attempt to reverse-engineer our watermarking technology
- Maintain the confidentiality of your account credentials

4. Certificates and Evidence

4.1 Self-Authenticating Certificates

ProveAudio certificates are designed to be self-authenticating under Federal Rules of Evidence 902(13). Each certificate includes:
- Cryptographic signatures (Ed25519)
- SHA-256 hash values of original and watermarked files
- Timestamp and account identification
- Certification language compliant with evidentiary rules

You acknowledge that these certificates are designed to serve as evidence without requiring live testimony from ProveAudio personnel.

4.2 Use of Certificates

Certificates are provided for your personal use in establishing ownership and provenance of your audio. ProveAudio makes no guarantee as to how any court, platform, or third party will treat certificate evidence.

5. Expert Witness and Litigation Support

5.1 Expert Witness Fee Schedule

Should you require ProveAudio's participation in any legal proceeding, including but not limited to consultation, deposition, arbitration, or trial testimony, you agree to retain ProveAudio as an expert witness at the following rates:

Service Rate
Case Review/Consultation $350/hour
Deposition Testimony $500/hour
Trial/Arbitration Testimony $500/hour
Written Expert Report $500/hour
Minimum Retainer (non-refundable) $1,500
Travel Actual costs + $500/day per diem

5.2 Payment Terms

  • Retainer must be paid before any work begins
  • Cancellation requires 72-hour notice or full day rate is charged
  • Invoices are due upon receipt
  • These rates apply regardless of which party in a dispute requests ProveAudio's participation

5.3 Third-Party Subpoenas

If ProveAudio receives a subpoena from a third party related to your watermarked audio, ProveAudio will:
- Notify you within 5 business days (if legally permitted)
- Provide only the information legally required
- Assert available privileges and protections

You agree to reimburse ProveAudio for reasonable costs incurred in responding to such subpoenas.

6. Dispute Resolution

6.1 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of California before a single arbitrator.

The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.

6.2 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between ProveAudio and you individually. To the fullest extent permitted by law:
- No arbitration or proceeding shall be joined with any other
- There is no right or authority for any dispute to be arbitrated on a class-action basis
- There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

6.3 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court.

7. Limitation of Liability

ProveAudio's total liability for any claims arising from use of our service shall not exceed the amount you paid for the specific service giving rise to the claim.

We are not liable for:
- How third parties interpret or respond to your certificates
- Outcomes of any legal proceedings
- Loss of data or business interruption
- Indirect, incidental, or consequential damages

8. Intellectual Property

  • You retain all rights to your audio content
  • ProveAudio retains all rights to our watermarking technology
  • Certificates remain the property of ProveAudio, licensed to you for evidentiary use

9. Privacy

We process your audio solely for watermarking purposes. See our Privacy Policy for details on data handling.

10. Termination

We may terminate your access for violation of these terms. Upon termination, your certificates remain valid but you lose access to verification services.

11. Changes to Terms

We may modify these terms at any time. Continued use constitutes acceptance of modified terms.

12. Governing Law

These terms are governed by the laws of the State of California, without regard to conflict of law principles.

13. Contact

Questions about these terms: support@proveaudio.com