1. About these Terms
These Terms of Use (the “Terms”) are a legal agreement between you and Matthew Huntley, carrying on business as JotCam (“JotCam,” “we,” “us,” or “our”). They govern your access to and use of:
the website located at jotcam.ca, including its articles, tutorials, product information, downloads, contact features, and other content (the “Website”);
the JotCam mobile application for Android and iOS, including its camera, photo stamping, notes, markup, organization, reporting, and export features (the “App”); and
any related support, communications, or services that link to these Terms.
The Website, App, and related services are collectively called the “Services.”
By accessing the Website, downloading or using the App, purchasing the App, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
If you use the Services for an employer, client, or other organization, you represent that you have authority to accept these Terms on that organization’s behalf. In that case, “you” includes both you and that organization.
2. Eligibility
You must be legally capable of entering into a binding agreement to use the Services. If you are under the age of majority where you live, you may use the Services only with the involvement and consent of a parent or legal guardian. The Services are not directed to children under 13.
You may not use the Services if doing so would violate applicable law, a court order, or binding workplace or contractual requirements.
3. What JotCam Does
JotCam is a field photo documentation tool. Depending on the version and platform, the App may allow you to:
take or import photographs;
add visible date, time, project or site labels, coordinates, compass headings, and other field context;
add notes, reusable note templates, and photo markup;
organize photos into projects or sessions;
generate PDF photo reports; and
export or share photos and reports using device features or supported third-party services.
JotCam is designed to help organize field records. It is not a surveying instrument, certified timekeeping system, tamper-proof evidence platform, safety system, emergency service, construction management system, or substitute for professional judgment.
4. Changes to the Services and these Terms
We may improve, update, add, remove, suspend, or discontinue features where reasonably necessary for technical, legal, security, business, or platform reasons. We do not promise that every feature will remain available on every device or operating-system version.
We may update these Terms from time to time. The “Last updated” date will show when they were most recently revised. If a change materially affects your rights, we will provide notice where required by law, such as through the Website, the App, or another reasonable method. Your continued use after the revised Terms take effect means you accept them, except where applicable law requires express consent.
5. App Licence
Subject to these Terms and payment of any applicable purchase price, JotCam grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable licence to install and use the App on devices you own or control, or are authorized to use, for personal use or legitimate internal business purposes.
The App is licensed, not sold. A one-time purchase means that there is no recurring JotCam subscription fee for the purchased version unless a future optional service is clearly offered on separate terms. It does not transfer ownership of the App or its intellectual property to you, and it does not guarantee:
perpetual compatibility with future devices or operating systems;
indefinite support, maintenance, or updates;
every future feature, integration, or major product version; or
continued availability for re-download from an app store.
Any family-sharing, volume-purchase, managed-device, or similar rights are governed by the applicable app store’s rules.
6. Free, Trial, Pro, Purchases, Taxes, and Refunds
JotCam Free remains available without a recurring fee. JotCam may also provide a 15-day trial of the complete Pro feature set. The trial requires no payment details, does not automatically convert into a purchase, and does not create a recurring charge. When the trial ends, Pro features become unavailable unless you purchase Pro, while Free functionality remains usable.
JotCam Pro is a one-time, non-consumable purchase, not a subscription. Purchases and restores use Apple App Store or Google Play billing through RevenueCat. The applicable store supplies the displayed price and currency, which may vary by country, tax, currency, promotion, or store policy.
A Pro purchase applies only to the platform where it was made. An Android purchase does not transfer to iOS, and an iOS purchase does not transfer to Android. To restore Pro, you must use the same Apple App Store or Google Play account used for the original purchase. Cross-platform entitlement transfer is not supported, and loss of access caused by changing store accounts does not create an obligation for JotCam to transfer the purchase to another platform or account.
Apple or Google, not JotCam, processes your payment credentials. Purchases, refunds, payment disputes, taxes, and store eligibility are governed by the applicable store’s terms and policies. Refund requests should normally be submitted through the store where you purchased Pro.
Internet access may be required to purchase Pro, restore a purchase, or occasionally validate Pro access. Nothing in these Terms limits refund, warranty, cancellation, or other rights that cannot legally be excluded under applicable consumer-protection law.
7. No JotCam Account; Third-Party Accounts and Exports
The core App is designed to operate without a JotCam account. If the App offers an optional export or storage integration, you may need an account with the selected third-party provider. That account is governed by the third party’s terms and privacy policy.
When you deliberately export, upload, share, email, print, or otherwise transfer content from the App, you instruct the App and your device to provide the selected content to the destination you chose. JotCam does not control what the recipient, device service, cloud provider, employer, or other third party does with that content.
You are responsible for:
selecting the correct destination and account;
confirming that the transfer completed successfully;
complying with your employer’s or client’s storage and security requirements;
managing third-party permissions and access; and
keeping independent backups where required.
8. Device Permissions and Requirements
The App may request access to device features such as the camera, photos or media library, local files, precise location, compass or motion sensors, and network connectivity for an export you initiate. Some features cannot function if the relevant permission, sensor, storage space, or system service is unavailable.
You control these permissions through your device settings. Revoking a permission may disable related features. You are responsible for maintaining a compatible device, current operating system where reasonably possible, adequate storage, and appropriate device security.
Do not use the App in a way that distracts you while driving, operating equipment, walking in a hazardous area, or performing safety-sensitive work.
9. Your Photos, Notes, Reports, and Other Content
As between you and JotCam, you retain ownership of photographs, notes, labels, project information, logos, reports, and other content that you create, import, or process using the App (“User Content”). JotCam does not claim ownership of your User Content.
You are solely responsible for your User Content and for ensuring that you have all permissions needed to capture, use, annotate, store, export, disclose, and distribute it. This includes complying with:
privacy, surveillance, trespass, intellectual-property, and employment laws;
site rules, client contracts, confidentiality obligations, and records policies;
restrictions on photographing people, private property, security features, personal information, or confidential information; and
professional and regulatory requirements that apply to your work.
The App’s local-only design does not remove your responsibility to secure your device and exported files. Anyone with access to your unlocked device, backups, shared folders, or exported reports may be able to view the User Content.
10. Local Storage, Data Loss, and Backups
Unless you deliberately export or share content, JotCam is designed to store User Content locally on your device rather than in a JotCam-operated cloud account. JotCam therefore may not possess a recoverable copy.
Uninstalling the App, clearing its storage, resetting or replacing the device, losing the device, operating-system changes, storage corruption, or hardware failure may permanently delete User Content. You are responsible for verifying exports and maintaining backups appropriate to the importance of your records.
JotCam is not a records-retention or disaster-recovery service. Do not rely on the App as the only copy of information that must be preserved for contractual, professional, evidentiary, regulatory, safety, or legal purposes.
11. Acceptable Use
You must not, and must not help anyone else to:
use the Services for unlawful, fraudulent, deceptive, abusive, harassing, or infringing activity;
photograph, monitor, or record people or places where doing so is prohibited;
upload, transmit, or distribute malware or harmful code through the Website or an integration;
interfere with the Website, security controls, servers, networks, or another user’s access;
attempt to gain unauthorized access to any system, account, data, or non-public part of the Services;
scrape, crawl, probe, or test the Website in a manner that causes unreasonable load or bypasses access controls;
remove, obscure, or alter copyright, trade-mark, ownership, or legal notices;
copy, modify, distribute, sell, lease, sublicense, or commercially exploit the App except as these Terms expressly permit;
reverse engineer, decompile, disassemble, or attempt to derive source code, except to the limited extent that applicable law expressly permits despite this restriction;
misrepresent altered, imported, restamped, or edited content as original, verified, or tamper-proof evidence; or
use the Services to develop, train, benchmark, or improve a competing product through automated extraction or unauthorized copying.
Reasonable indexing by public search engines in accordance with our robots instructions is permitted.
12. Accuracy and Field-Use Limitations
Dates, times, coordinates, UTM conversions, headings, accuracy estimates, and other metadata depend on your device, its settings, available satellites or networks, sensor calibration, magnetic conditions, permissions, and environmental factors. They may be delayed, incomplete, unavailable, or inaccurate.
In particular:
device time can be set incorrectly or changed;
GPS accuracy can degrade indoors, near structures, under vegetation, or in difficult terrain;
compass readings can be affected by steel, vehicles, power lines, magnets, electronic equipment, and calibration;
imported or edited images may not represent the time or place at which the underlying scene was originally captured;
visible stamps and PDF reports can potentially be edited after export; and
software defects or device limitations can cause omissions, formatting errors, or data loss.
You must independently verify any information used for surveying, engineering, environmental, safety, contractual, regulatory, claim, or legal purposes. JotCam does not certify authenticity, chain of custody, legal admissibility, code compliance, site conditions, completion of work, or professional conclusions.
13. Website Articles and Educational Content
Website articles, comparisons, tutorials, checklists, and other resources are provided for general information. They are not legal, engineering, surveying, environmental, safety, financial, or other professional advice.
We try to keep information useful and accurate, but products, laws, prices, platform requirements, and industry practices change. You should verify important information with the original source and a qualified professional. References to a third-party product do not imply sponsorship, endorsement, or affiliation unless expressly stated.
14. Intellectual Property
The Services, including the App, Website, software, code, design, interface, trade names, logos, graphics, documentation, and JotCam-created content, are owned by or licensed to JotCam and are protected by intellectual-property laws.
“JotCam,” associated logos, and related branding may be trade-marks of JotCam. You may not use them in a way that suggests endorsement, affiliation, or ownership without prior written permission.
You may view and print reasonable portions of Website content for your own personal or internal business reference. You may not republish, sell, systematically reproduce, or create derivative commercial materials from Website content without permission, except as applicable law permits.
15. Feedback
If you voluntarily send us suggestions, ideas, or feedback about the Services, you grant JotCam a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation. This does not transfer ownership of your User Content or confidential project information. Do not send information that you are not authorized to disclose.
16. Third-Party Services, Stores, and Links
The Services may interact with or link to third-party services, including app stores, operating-system services, websites, maps, email applications, file-sharing tools, and cloud-storage providers. Third parties operate independently under their own terms and privacy policies.
JotCam does not control and is not responsible for third-party availability, security, content, data practices, billing, account restrictions, or changes. A link or integration does not mean that JotCam endorses the third party.
If app-store terms apply to your download or purchase, those terms also govern your relationship with the store. If there is a conflict concerning store-controlled purchasing or distribution, the mandatory store terms will control to the extent of that conflict.
17. Availability, Support, and Updates
We aim to provide reliable Services, but access may be interrupted by maintenance, defects, device incompatibility, app-store action, network conditions, security events, or circumstances outside our control. We do not guarantee uninterrupted or error-free operation.
Support, if offered, is provided through the contact channels and response practices we make available from time to time. We do not guarantee a particular response time unless we expressly agree to one in writing.
Updates may be required for security, compatibility, or continued operation. Your app store or device settings may install updates automatically.
18. Disclaimer of Warranties
To the fullest extent permitted by law, the Services are provided “as is” and “as available.” JotCam disclaims all representations, warranties, and conditions, whether express, implied, statutory, or collateral, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, security, and uninterrupted operation.
We do not warrant that the Services will satisfy your employer’s, client’s, regulator’s, insurer’s, court’s, or professional body’s requirements, or that a photograph, stamp, note, report, or export will be accepted as proof.
Some jurisdictions do not allow certain disclaimers. In those jurisdictions, the disclaimers apply only to the maximum extent permitted by law.
19. Limitation of Liability
To the fullest extent permitted by law, JotCam and its owners, directors, officers, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; loss of profits, revenue, business, opportunity, goodwill, or anticipated savings; loss, corruption, or disclosure of data; cost of substitute services; project delay; claim denial; or business interruption arising from or related to the Services, even if advised that such loss was possible.
To the fullest extent permitted by law, the total aggregate liability of JotCam and the parties listed above for all claims arising from or related to the Services will not exceed the greater of:
the amount you paid for the App during the 12 months immediately before the event giving rise to the claim; and
CAD $50.
These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not apply to liability that cannot legally be excluded or limited, including any rights you may have under mandatory consumer-protection law.
20. Indemnity for Misuse
To the extent permitted by law, if you use the Services on behalf of a business or for commercial purposes, you will defend, indemnify, and hold harmless JotCam and its owners, directors, officers, employees, and contractors from third-party claims, damages, liabilities, costs, and reasonable legal fees arising from:
your unlawful or unauthorized use of the Services;
your User Content;
your breach of Sections 9 or 11; or
your violation of another person’s rights.
This section does not require you to indemnify JotCam for JotCam’s own negligence, wilful misconduct, or breach of these Terms, and it does not apply where prohibited by consumer law.
21. Suspension and Termination
You may stop using the Services at any time. You may remove the App through your device, but removal may permanently delete locally stored content.
We may restrict or terminate access to the Website or any online component if we reasonably believe that you violated these Terms, created a security or legal risk, misused the Services, or if discontinuation is reasonably required for legal, security, technical, or business reasons.
Termination ends the licence granted under these Terms, but provisions that by their nature should survive will continue, including provisions concerning ownership, User Content responsibility, disclaimers, liability, indemnity, and general legal terms.
22. Governing Law and Disputes
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, without regard to conflict-of-law rules.
Before starting a formal claim, you and JotCam agree to make a reasonable, good-faith effort to resolve the issue by written notice and discussion. If the issue is not resolved, the courts located in Calgary, Alberta will have exclusive jurisdiction, except where mandatory law gives you the right to bring a claim elsewhere.
Nothing in these Terms prevents either party from seeking urgent injunctive relief or using a small-claims process where eligible.
23. Consumer Rights
Nothing in these Terms excludes, restricts, or modifies a statutory warranty, condition, remedy, or other right that cannot legally be excluded, restricted, or modified. If a mandatory law conflicts with these Terms, the mandatory law prevails to the extent of the conflict.
24. Additional Terms for United States Users
If you access or use the Services from the United States, the following provisions also apply:
Nothing in these Terms waives rights or remedies that cannot be waived under applicable federal or state law.
The Alberta governing-law and Calgary forum provisions apply only to the extent enforceable. A mandatory consumer law may permit you to bring a claim in another jurisdiction or apply the law of your home state.
State-law implied warranties or remedies that cannot be disclaimed remain in effect for the minimum period or scope required by law.
The limitations of liability and indemnity provisions apply only to the maximum extent permitted in your state.
JotCam does not require individual consumers to waive a non-waivable right to contact a regulator, attorney general, consumer-protection agency, or court.
You may not download, export, re-export, transfer, or use the App in violation of applicable Canadian or United States export-control, trade-sanctions, or embargo laws. You represent that you are not prohibited from receiving the App under laws that apply to you.
These Terms do not include a mandatory arbitration agreement or class-action waiver. Any future dispute-resolution provision of that kind would require separate, conspicuous notice and would apply only as permitted by law.
25. General Terms
These Terms, the Privacy Policy below, and any additional terms expressly presented for a specific feature form the entire agreement between you and JotCam concerning the Services.
If any provision is unenforceable, it will be interpreted or limited to the minimum extent necessary, and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them as part of a merger, financing, reorganization, sale of assets, or transfer of the JotCam business, subject to applicable law.
Headings are for convenience only. Words such as “including” mean “including without limitation.” Electronic notices and agreements satisfy any requirement that communications be in writing, to the extent permitted by law.
26. Contact
Questions about these Terms may be sent to:
JotCam Legal operator: Matthew Huntley Email: jotcamsupport@gmail.com