Terms of Service

Last updated: February 10, 2026

1. Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("Client," "you," or "your") and Litigation Forensics ("Company," "we," "our," or "us") governing your access to and use of our website (litigationforensics.com) and digital forensics services.

By accessing our website, submitting an inquiry, or engaging our forensic services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access our website or use our services.

These Terms apply to all visitors, potential clients, and clients. Additional terms may apply to specific services as outlined in individual engagement letters, statements of work, or service agreements.

2. Service Description

Litigation Forensics provides professional digital forensics, eDiscovery, and litigation support services, including but not limited to:

2.1 Digital Forensics Services

• Computer and laptop forensic examinations
• Mobile device forensics (iOS and Android)
• Email forensics and recovery
• Cloud forensics and SaaS investigations
• Network forensics and incident response
• Video and audio forensic analysis
• Data recovery and reconstruction
• Malware analysis and reverse engineering

2.2 eDiscovery Services

• Electronic evidence identification and collection
• Forensically sound data preservation
• Document review and processing
• Metadata analysis and ESI production
• Litigation hold advisory services

2.3 Expert Witness Services

• Expert consultation and case strategy support
• Technical report preparation
• Deposition testimony
• Trial testimony and demonstrative evidence
• Rebuttal analysis of opposing experts

All services are subject to scope of work definition, availability of qualified personnel, and execution of appropriate engagement agreements.

3. Engagement Process

3.1 Initial Consultation

We offer initial consultations to discuss case requirements, scope of work, and feasibility. Initial consultations are confidential but do not create an attorney-client relationship or engage our services. Formal engagement requires execution of an engagement letter and payment of retainer fees.

3.2 Engagement Letter

All forensic services require a signed engagement letter specifying scope of work, fees, timelines, deliverables, and any special terms. The engagement letter, together with these Terms, constitute the complete agreement between the parties. In case of conflict, the engagement letter controls.

3.3 Scope of Work

Our services are limited to the specific scope defined in the engagement letter. Additional services require written approval and may be subject to additional fees. We reserve the right to decline services that are outside our expertise, pose ethical concerns, or conflict with existing engagements.

4. Client Responsibilities

Clients agree to:

• Legal Authorization: Provide evidence and data that you have legal authority to submit for examination
• Accurate Information: Provide complete and accurate information regarding case background, evidence custody, and examination requirements
• Cooperation: Cooperate with our requests for information, access, and clarification necessary to perform services
• Timely Communication: Respond promptly to inquiries and requests, particularly regarding time-sensitive matters
• Evidence Custody: Maintain proper custody of original evidence and provide documented chain of custody
• Payment: Pay all fees according to the payment terms in the engagement letter
• Privilege Protection: Identify and protect attorney-client privileged materials
• Compliance: Ensure your use of our services complies with all applicable laws and regulations

5. Payment Terms

5.1 Fees and Billing

Our fees are based on hourly rates, fixed-fee arrangements, or hybrid models as specified in the engagement letter. Hourly rates vary by analyst expertise level, service type, and urgency. Expert witness testimony is billed at premium rates.

5.2 Retainer

Most engagements require an advance retainer. We will invoice against the retainer as work progresses. When the retainer balance falls below a specified threshold, we may request replenishment. Work may be suspended if retainers are not replenished promptly.

5.3 Expenses

Clients are responsible for reasonable expenses including travel, lodging, expert software licensing, equipment acquisition, shipping, court reporter fees, and subcontractor costs. Expenses over $500 require prior approval.

5.4 Payment Terms

Invoices are due within 30 days of issuance unless otherwise specified. Late payments accrue interest at 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less. We reserve the right to suspend services for overdue accounts and to retain evidence until all fees are paid.

5.5 Fee Disputes

If you dispute any invoice, you must notify us in writing within 15 days of the invoice date, specifying the disputed items and reasons. You remain obligated to pay undisputed amounts. We will work with you in good faith to resolve billing disputes.

6. Confidentiality and Non-Disclosure

6.1 Our Confidentiality Obligations

We treat all client information, case details, evidence, findings, and communications as strictly confidential. All employees and contractors sign confidentiality agreements. We maintain secure facilities and data handling procedures designed to protect sensitive information. We will not disclose confidential information except as authorized by you or required by law.

6.2 Client Confidentiality Obligations

Clients agree to maintain confidentiality regarding our methodologies, tools, proprietary techniques, and internal processes. Our reports and testimony are for use in the specific legal matter and may not be used for other purposes without written consent.

6.3 Exceptions to Confidentiality

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of this Agreement
• Is lawfully obtained from third parties without confidentiality restrictions
• Must be disclosed pursuant to court order, subpoena, or legal obligation (with notice to Client when legally permitted)
• Is necessary to disclose to defend against legal claims or enforce our rights
• Reveals illegal activity or imminent harm (subject to mandatory reporting obligations)

7. Professional Standards and Methodology

7.1 Forensically Sound Methods

All forensic examinations are performed using industry-accepted, forensically sound methodologies designed to ensure evidence integrity and admissibility. We follow standards established by scientific working groups, professional certifying bodies, and Federal Rules of Evidence.

7.2 Chain of Custody

We maintain detailed chain of custody documentation for all evidence. Evidence is stored securely, access is logged, and handling procedures ensure evidence integrity. Chain of custody documentation is provided with final reports.

7.3 Quality Assurance

Complex examinations undergo peer review by senior analysts. We maintain documented standard operating procedures, use validated forensic tools, and perform regular quality control checks.

7.4 Certifications and Training

Our forensic analysts hold industry-leading certifications including EnCE, GCFA, GCFE, ACE, and CFCE. We maintain ongoing training on emerging technologies, forensic techniques, and legal standards.

8. Data Handling and Chain of Custody

8.1 Evidence Submission

Clients must provide evidence with documented chain of custody. We provide evidence intake forms and secure shipping instructions. Evidence should be submitted in original condition whenever possible. If evidence has been altered or accessed prior to submission, disclosure is required.

8.2 Evidence Handling

Original evidence is preserved and stored securely. All forensic work is performed on forensic copies created using write-blocking hardware. Hash values are calculated and verified to ensure data integrity. Evidence is stored in secure, climate-controlled facilities with restricted access.

8.3 Evidence Return

Evidence will be returned at case conclusion or as requested, subject to payment of all fees. Clients are responsible for return shipping costs. We retain forensic copies and case files according to our retention policy and applicable legal requirements.

8.4 Data Destruction

Upon written request and after retention periods expire, forensic copies and case data will be securely destroyed using cryptographic erasure or physical destruction methods. Certificates of destruction are available upon request.

9. Expert Witness Services Terms

9.1 Expert Independence

Our expert witnesses provide independent, objective opinions based on forensic findings and scientific principles. While we serve as your expert, we maintain professional independence and will not tailor opinions to desired outcomes. Our testimony reflects our genuine professional opinions.

9.2 Expert Reports

Expert reports comply with applicable expert disclosure rules (Federal Rule of Civil Procedure 26(a)(2) or state equivalents). Reports include methodology, findings, opinions, qualifications, compensation, and prior testimony. Draft reports may be provided for attorney review, with final reports issued after approval.

9.3 Deposition and Trial Testimony

Deposition and trial testimony are billed at premium hourly rates, with minimum half-day or full-day charges. Rates include preparation time, travel, waiting time, and actual testimony. Cancellations within 72 hours of scheduled testimony may incur cancellation fees.

9.4 Cross-Examination and Impeachment

We prepare thoroughly for cross-examination and maintain documentation supporting our opinions. However, we cannot guarantee specific testimony outcomes or legal results. Opposing counsel may attempt to challenge or impeach our testimony through various means.

10. Limitation of Liability

10.1 Standard of Care

We provide professional forensic services exercising reasonable care and skill consistent with industry standards. We do not guarantee specific results, case outcomes, or evidence admissibility, which depend on many factors beyond our control including judge rulings, opposing expert opinions, and jury decisions.

10.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OUR SERVICES IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. This limitation applies regardless of the theory of liability, whether in contract, tort, negligence, strict liability, or otherwise.

10.3 Exclusion of Consequential Damages

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR ADVERSE CASE OUTCOMES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.4 Exceptions to Limitations

Liability limitations do not apply to: (a) gross negligence or willful misconduct; (b) fraud or intentional misrepresentation; (c) death or personal injury caused by our negligence; or (d) matters that cannot be limited by law.

10.5 Professional Liability Insurance

We maintain professional liability insurance coverage. Insurance certificates are available upon request.

11. Warranties and Disclaimers

11.1 Service Warranties

We warrant that services will be performed in a professional manner consistent with industry standards. We warrant that our analysts possess the qualifications and certifications represented.

11.2 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET SPECIFIC REQUIREMENTS.

11.3 Website Disclaimer

Information on our website is for general informational purposes only and does not constitute professional advice. Website content may contain technical inaccuracies or typographical errors. We reserve the right to update website content without notice.

12. Termination

12.1 Termination by Client

Clients may terminate services at any time with written notice. Client remains obligated to pay for all services performed and expenses incurred through the termination date. Unused retainer funds (if any) will be refunded after deducting fees and expenses.

12.2 Termination by Company

We may terminate services with written notice if: (a) fees are not paid when due; (b) Client breaches material terms; (c) conflicts of interest arise; (d) Client requests services outside our expertise; or (e) continuation poses ethical or legal concerns. We will provide reasonable notice and transition assistance when possible.

12.3 Effects of Termination

Upon termination, we will: (a) provide work product completed through termination; (b) return original evidence; (c) provide final invoice; and (d) cooperate with transition to successor experts. Confidentiality obligations survive termination. We retain the right to maintain forensic copies and case files per our retention policy.

13. Dispute Resolution

13.1 Informal Resolution

If disputes arise, parties agree to first attempt good faith informal resolution through direct negotiation between senior management.

13.2 Mediation

If informal resolution fails, parties agree to mediation before a mutually acceptable mediator. Mediation costs will be shared equally. Mediation is a prerequisite to litigation or arbitration.

13.3 Litigation

If mediation fails, disputes may be resolved through litigation. Each party waives jury trial rights and agrees to bench trial before a judge.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the State where our principal office is located, without regard to conflict of law principles. Any litigation shall be brought exclusively in state or federal courts located in that jurisdiction. By using our services, you consent to personal jurisdiction and venue in those courts.

15. Indemnification

Client agrees to indemnify, defend, and hold harmless Litigation Forensics, its employees, and contractors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) Client's breach of these Terms; (b) Client's unauthorized use of evidence or data; (c) violation of third-party rights; or (d) Client's illegal activities. This indemnification survives termination.

16. Intellectual Property

16.1 Our Intellectual Property

We retain all rights to our methodologies, proprietary tools, software, techniques, templates, and general expertise. Client receives limited license to use work product for the specific legal matter but may not commercialize, reverse engineer, or disclose our methodologies.

16.2 Client Data and Evidence

Client retains all rights to submitted evidence and underlying data. We acquire no ownership interest in Client's data. Our work product (reports, testimony) are created for Client's use in the specific legal matter.

17. Force Majeure

We are not liable for failure or delay in performing services due to circumstances beyond reasonable control, including natural disasters, acts of war, terrorism, pandemics, government orders, utility failures, or cyber attacks. We will notify Client of force majeure events and make reasonable efforts to resume services.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the engagement letter and Privacy Policy, constitute the entire agreement between parties and supersede all prior discussions, negotiations, and agreements.

18.2 Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to active clients or posted on our website. Continued use of services after changes constitutes acceptance. Engagement letters may only be modified by written agreement signed by both parties.

18.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect. Unenforceable provisions will be modified to the minimum extent necessary to make them enforceable while preserving intent.

18.4 Waiver

Failure to enforce any provision does not constitute waiver of future enforcement. Waivers must be in writing and signed by authorized representatives.

18.5 Assignment

Client may not assign or transfer rights or obligations without our written consent. We may assign these Terms to affiliates or in connection with mergers, acquisitions, or business transfers.

18.6 No Third-Party Beneficiaries

These Terms are for the benefit of the parties only and create no third-party beneficiary rights.

18.7 Notices

Notices must be in writing and sent via email or certified mail to addresses specified in the engagement letter. Notices are effective upon receipt.

19. Contact Information

For questions about these Terms of Service or to request services:

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.