Client Social Media Discovery for Plaintiff Attorneys

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Terms and conditions

These terms and conditions (“Terms”, “Agreement”) constitute a legally binding agreement between you (“User”, “you”, or “your” and  Private Footprint Corporation (“Private Footprint”, “us”, “we” or “our”) concerning your access to and use of the privatefootprint.com website and any related  products or services (collectively, “Website” or “Services”).

Accounts and membership

To access certain features of the Services, you may be required to register an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or breach of security. We reserve the right to suspend or terminate your account if we determine that your actions violate these Terms or damage our reputation. If your account is terminated, you may not re-register without our written consent.

Billing and payments

You shall pay all applicable fees or charges as described at the time of purchase. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If Services are subject to automatic renewal, you will be charged according to the selected term unless auto-renewal is cancelled. For transactions deemed potentially high-risk, we may request additional documentation (e.g., government-issued identification or proof of billing) to verify the purchase. We reserve the right to adjust product offerings or pricing at any time. We may reject or cancel any order, in which case we will attempt to notify you using the contact details provided.

Data Protection

We are committed to protecting your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable Canadian privacy laws. Sensitive data, including payment information, is transmitted over encrypted SSL channels and stored in accordance with PCI-DSS standards. Regular malware scans are conducted for additional security.

We do not sell, trade, or otherwise transfer your personal data to third parties for marketing or commercial purposes. Any information collected is used solely to provide and improve our services.

Accuracy of information

We endeavour to maintain accurate and up-to-date information on the Website. However, typographical errors, inaccuracies, or omissions may occur. We reserve the right to correct any such errors and to update or cancel orders where necessary, without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Backups

You are solely responsible for maintaining up-to-date backups of any content or data that you store or upload to the Website. While we may, at our sole discretion, attempt to restore data lost due to system failure or other issues, we make no guarantees or representations as to the availability, integrity, or completeness of such data. Any data restoration services we may provide are offered strictly as a courtesy and not as a contractual obligation.

To the fullest extent permitted by law, we expressly disclaim all liability for any loss, corruption, or deletion of data or content. This limitation is subject to and forms part of the broader Limitation of Liability provisions set out in this Agreement.

Links to other websites

Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Links to third-party websites are provided for your convenience. We do not endorse or assume any responsibility for the content, accuracy, or practices of these external sites. You access them at your own risk and are subject to their own terms and conditions.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Engaging in prohibited uses may result in immediate suspension or termination of your access to the Website or Services and may subject you to civil or criminal liability.

Intellectual property rights

All content, features, functionality, and technology provided through the Website and Services—including but not limited to software, source code, APIs, algorithms, databases, user interfaces, visual design elements, and documentation—are and shall remain the exclusive property of Private Footprint or its licensors, and are protected by copyright, trademark, trade secret, and other applicable intellectual property laws in Canada and internationally.

This Agreement does not convey to you any ownership or proprietary rights in the Services, software, or underlying technology. Subject to your compliance with this Agreement, Private Footprint grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Services for your internal business purposes only, in accordance with any applicable subscription plan and use restrictions.

You may not (and shall not permit any third party to):
(a) copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software;
(b) use the Services to develop a competing product or service;
(c) remove, obscure, or alter any proprietary notices or branding; or
(d) use any automated system to access the Services in a manner that disrupts or degrades performance.

All trademarks, service marks, trade names, and logos displayed on the Website or within the Services are the property of Private Footprint or its licensors. Use of these marks without express written permission is strictly prohibited.

Any unauthorised use of the intellectual property or Services is a material breach of this Agreement and may result in immediate termination of your access, as well as legal action.

Disclaimer of warranty

Your access to and use of the Website and Services is at your sole risk. The Website and Services are provided on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind, whether express, implied, or statutory.

To the fullest extent permitted by applicable law, Private Footprint expressly disclaims all warranties, including but not limited to:
(a) implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or quiet enjoyment;
(b) any warranties arising out of course of dealing, usage, or trade;
(c) any warranties that the Services will operate uninterrupted or error-free, will be secure or available at any particular time or location, or will be free of viruses or other harmful components; and
(d) any warranties regarding the results of using the Services or the accuracy, completeness, or reliability of any data or content obtained through the Services.

Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk. You will be solely responsible for any damage to your devices or loss of data that results from such activity.

No advice or information, whether oral or written, obtained from Private Footprint or through the Services, shall create any warranty not expressly stated in this Agreement.

Nothing in this section limits your rights under consumer protection legislation, where such laws apply and prohibit the exclusion of implied warranties or conditions. This Disclaimer of Warranty is subject to, and must be read in conjunction with, the Limitation of Liability provisions set out in this Agreement.

Service Level Agreement (SLA)

Private Footprint endeavours to provide reliable, continuous access to the Services with a target Monthly Uptime Percentage of 99.5%, excluding periods of scheduled maintenance, emergency maintenance, or downtime resulting from causes beyond our reasonable control.

The Services are hosted on Amazon Web Services (AWS), and as such, their availability is subject to the performance and uptime of the underlying AWS infrastructure. While we monitor and manage our use of AWS, Private Footprint shall not be liable for any downtime or service interruptions caused by failures, outages, or maintenance of AWS or any third-party service provider.

Scheduled Maintenance

From time to time, we may carry out routine maintenance or upgrades. We aim to perform such maintenance during off-peak hours where possible and will provide reasonable advance notice for any planned service interruptions.

Support and Response Times

Support inquiries may be submitted by email to [email protected]. While we do not guarantee specific response times, we strive to respond to most support requests within one business day.

Exclusions

This SLA does not apply to downtime or service interruptions resulting from:

  • Use of the Services contrary to this Agreement;
  • Issues attributable to your systems, hardware, or network connectivity;
  • Force majeure events (e.g., acts of God, fire, flood, cyberattack, or government action);
  • Failures of third-party providers, including AWS, that are outside of Private Footprint’s control.

Sole Remedy

To the fullest extent permitted by law, your sole and exclusive remedy for any unavailability, interruption, or failure of the Services is set out in the Limitation of Liability provisions of this Agreement. This SLA does not constitute a warranty and is subject to the Disclaimer of Warranty clause.

Limitation of liability

To the fullest extent permitted by applicable law, in no event shall Private Footprint, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, business interruption, loss of data, goodwill, anticipated savings, or other intangible losses, whether arising in contract, tort, negligence, equity, or otherwise, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the total aggregate liability of Private Footprint and its affiliates for any claim arising out of or in connection with the use of the Website or Services shall not exceed the greater of:
(a) the amount paid by you for the Services in the one (1) month period immediately preceding the event giving rise to the claim; or
(b) one Canadian dollar ($1.00 CAD).

The limitations in this section apply even if any limited remedy fails of its essential purpose. Some jurisdictions may not allow certain limitations of liability; in such cases, those provisions shall apply to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Private Footprint and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or relating to:
(a) your use of the Website or Services;
(b) any content you submit or transmit through the Services; or
(c) your violation of this Agreement or any applicable laws or regulations.

This indemnity survives the termination of this Agreement.

Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. The parties intend that any unenforceable portion shall be severed in a manner that most closely reflects the intent of the original provision.

Dispute resolution

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and, where applicable, the federal laws of Canada, without regard to conflict of laws principles.

You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute, claim, or matter arising out of or in connection with this Agreement or the use of the Website or Services.

You irrevocably waive any right to a jury trial to the extent such waiver is permitted by law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, delegate, sub-license, or otherwise transfer any of your rights or obligations under this Agreement without the prior written consent of Private Footprint, which may be withheld at its sole discretion. Any purported assignment in violation of this clause shall be null and void.

Private Footprint may assign or transfer its rights and obligations under this Agreement, in whole or in part, without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or shares.

Changes and amendments

Private Footprint reserves the right to modify this Agreement and any related policies at any time. If changes are made, the revised version will be posted on the Website, and the “last updated” date will be modified accordingly.

Material changes may be communicated by email or other means where required by law. Continued use of the Website or Services after such changes constitutes your acceptance of the revised terms.

Acceptance of these terms

By accessing or using the Website or any Services offered by Private Footprint, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree with any of the terms, you must not access or use the Website or Services.

Contacting us

If you have any questions about this Agreement or wish to contact us for any reason, you may do so by email at [email protected].

Version Control

This Agreement was last updated on July 1, 2025.

 

Private Footprint is not a repository and does not own or have the ability to edit the content on your client’s social media accounts or see any private communication. Your client’s social media content is and will remain the property of each social platform and subject to its terms of use that users have accepted. Access to client social accounts is permission-based and done on behalf of the law firm without the privacy breach of asking the client for a username or password.