By using Custodio Legal, you declare that you have the legal capacity to contract and accept these Terms of Service. Please read carefully before using the application.
1. Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms, our Data Processing Policy, and Cookie Policy. If you disagree with any part of the terms, you may not access the Service. Continued use constitutes acceptance of any subsequent modifications.
2. Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. Failure to comply constitutes a breach of the Terms, which may result in immediate termination of your account.
3. Intellectual Property
The Service and its original content, features, functionality, source code, design, and logos are and will remain the exclusive property of Custodio Legal and its licensors, protected by intellectual property laws and international treaties.
3A. Statutory Withdrawal Right (Ley 1480 of 2011 – Colombia)
Under Article 47 of Law 1480 of 2011 (Colombian Consumer Statute), if you purchased a paid subscription through a non-presential (online) transaction, you have the right to withdraw within five (5) business days from the date the contract was formed or the service was delivered. To exercise this right, you must notify us in writing before the deadline at [email protected] or from your 'Settings > Billing' panel. Refunds will be processed within thirty (30) calendar days of receiving the withdrawal notice. This right does not apply if the digital service has already been activated and you began using it with your prior and express consent, pursuant to Article 47(4) of the same law. For users in Ecuador, Article 27 of the Organic Consumer Defense Law (Ley Orgánica de Defensa del Consumidor) applies.
4. User Content
You retain all rights to the content you upload to the Service. By uploading content, you grant us a limited, non-exclusive, and revocable license to store, process, and display that content as necessary to provide the Service. You are responsible for ensuring your content does not infringe third-party rights or violate applicable laws.
5. Termination
You may cancel your account at any time from your profile settings. We may terminate or suspend access to the Service for violation of these Terms, with 15 days prior notice except in cases of serious violations. Upon termination, you have the right to export your data for 30 days pursuant to data portability rights established in the data protection laws applicable in your country.
6. Limitation of Liability – Third-Party Services and Judicial Integrations
To the maximum extent permitted by law, Custodio Legal shall not be liable for indirect, incidental, special, consequential, or punitive damages. Our total liability shall not exceed the amount paid by you in the preceding twelve (12) months. These limitations do not apply in cases of willful misconduct, gross negligence, or where applicable law expressly prohibits such limitations. CRITICAL DISCLAIMER – THIRD-PARTY JUDICIAL APIs: Custodio Legal acts as a technology intermediary that queries information systems operated by third parties, including the Colombian Judicial Branch (Tyba, SAMAI), the Superior Council of the Judicature, and the Ecuadorian Judicial Branch (eSATJE/Manticore). These systems are operated by independent governmental entities. Custodio Legal does NOT and CANNOT guarantee: (i) The continuous availability of such governmental APIs; (ii) The accuracy, completeness, or timeliness of information published by those entities; (iii) The response times of judicial systems; (iv) That judicial statuses and updates are reflected in real time. Accordingly, Custodio Legal SHALL NOT be liable for: (a) Expiration of procedural deadlines due to failures or unavailability of third-party judicial systems; (b) Errors in official information published by governmental entities; (c) Changes in governmental API structures that temporarily affect the service. Users are solely responsible for verifying critical procedural information through official sources. It is strongly recommended not to rely exclusively on automated notifications for the computation of legal deadlines.
7. Governing Law
These Terms shall be governed and construed in accordance with the laws of the user's country of residence, including applicable data protection and consumer protection regulations. For Colombia: Law 1581 of 2012 and Law 1480 of 2011. For Ecuador: LOPDP and the Organic Consumer Protection Law. For users in other LATAM countries, consumer protection rules from their jurisdiction that cannot be excluded by contract shall apply.
8. Age Requirements
By using this Service, you declare that you are at least 18 years of age or the age of majority in your jurisdiction. If you are a minor, you may only use the Service under the supervision of a parent or legal guardian who accepts these terms on your behalf.
9. Service Description
Custodio Legal is a legal practice management platform that includes case management, documents, appointments, and client portal. We reserve the right to modify, suspend, or discontinue features with 30 days prior notice. Our target availability is 99.5% monthly, excluding scheduled maintenance notified in advance.
10. Personal Data Protection
The processing of your personal data is governed by our Data Processing Policy. By accepting these terms, you also accept that policy. We comply with data protection regulations in every country we operate: Law 1581 of 2012 (Colombia), LOPDP (Ecuador), and similar regulations in LATAM (LFPDPPP in Mexico, Law 25.326 in Argentina, among others).
11. User Obligations
You agree to: (a) Provide truthful and updated information. (b) Not use the Service for illegal or unauthorized purposes. (c) Not attempt to access systems or data of other users without authorization. (d) Not reproduce, duplicate, copy, sell, or resell the Service without written authorization. (e) Maintain the confidentiality of your access credentials and notify us immediately of any unauthorized use.
12. Billing and Payments
Subscriptions are billed in advance according to the selected plan. Prices may change with 30 days prior notice; the new price will apply to the next billing period. Failure to pay may result in Service suspension after a 10-day grace period. You have the right to request an electronic invoice in accordance with applicable tax regulations in your country.
13. Warranties and Exclusions
We provide the Service with reasonable diligence. However, except for the express warranties in these terms, the Service is provided 'as is' without implied warranties of merchantability or fitness for a particular purpose, to the extent permitted by law. We do not guarantee that the Service will be uninterrupted or error-free. These exclusions do not affect your rights as a consumer under applicable protection laws.
14. Indemnification
You agree to indemnify and hold harmless Custodio Legal from any claim arising from: (a) Your use of the Service in violation of these terms. (b) Content you upload that infringes third-party rights. (c) Illegal activities conducted through your account. This indemnification obligation does not apply in cases of our willful misconduct or gross negligence nor does it limit your legal rights as a consumer.
15. Modifications to Terms
We reserve the right to modify these terms. We will notify you of substantial changes by email and/or through a prominent notice on the platform at least 30 days in advance. Continued use of the Service after the effective date constitutes acceptance of the modified terms. If you do not accept the changes, you may cancel your account before they take effect.
16. Dispute Resolution
Any dispute will be resolved amicably between the parties within thirty (30) days. If resolution is not possible, the dispute shall be submitted to binding arbitration before the competent center in the user's country of residence: For Colombia: the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce, under Decree 1829 of 2013. For Ecuador: the Mediation and Arbitration Center of the Quito Chamber of Commerce, under the Arbitration and Mediation Law. This alternative dispute mechanism does not limit the user's right to file complaints with: the Superintendence of Industry and Commerce (SIC) in Colombia, the People's Ombudsman or the Personal Data Protection Superintendency (SPDP) in Ecuador, or the consumer protection authority of their country.
17. Software Platform — Not Legal Advice
Custodio Legal is a software platform designed to automate administrative and document management tasks in law firms. The use of the platform and its features — including judicial tracking, document generation, synchronization with governmental APIs, deadline computation, or any other functionality — does NOT constitute, under any circumstances, legal advice, legal representation, professional attorney counsel, or an attorney-client relationship. All procedural, substantive, and strategic legal decisions remain the exclusive responsibility of the licensed legal professional using the platform. Custodio Legal assumes no fiduciary duty and accepts no liability arising from the user's legal decisions or professional judgments. No automation or feature of the platform substitutes for the exercise of professional legal judgment.
18. Force Majeure
Custodio Legal shall not be liable for any failure or delay in the performance of the Service caused by circumstances beyond its reasonable control, including without limitation: (a) Failures, interruptions, unscheduled maintenance, or unilateral changes to technology systems of governmental entities (including the Colombian Judicial Branch, SAMAI, Tyba, Ecuador's Judicial Branch, SATJE/Manticore); (b) Natural disasters, pandemics, acts of terrorism, or war; (c) Power failures, internet outages, or telecommunications infrastructure failures affecting cloud service providers; (d) Changes in legislation or regulations requiring technical modifications to the platform; (e) Cyberattacks by third parties on our providers' infrastructure. In the event of a Force Majeure event lasting more than 30 calendar days, the user shall have the right to suspend their subscription without penalty until the Service is restored.
19. Statute of Limitations
Without prejudice to shorter limitation periods permitted by applicable law, any claim or action by the user against Custodio Legal arising from the use of the Service or from these Terms must be brought within ONE (1) YEAR from the date on which the user knew or should reasonably have known of the facts giving rise to such claim. After this period expires without the appropriate proceeding being initiated, the claim shall be time-barred. This limitation does not apply to cases of willful misconduct or fraud, nor to consumer rights that cannot be waived under Colombian Law 1480 of 2011 or Ecuador's Organic Consumer Defense Law.
20. General Provisions
If any provision of these terms is found invalid or unenforceable, the remaining provisions shall remain in effect with the minimum adjustments necessary to preserve the intent of the parties. These terms constitute the entire agreement between the parties regarding the Service and supersede any prior agreements, oral or written. Failure to exercise any right does not imply waiver thereof. No oral representations by employees or agents of Custodio Legal shall constitute a warranty or contractual condition. These terms are executed in Spanish; in case of conflict with translations, the Spanish version shall prevail. For inquiries: [email protected]
21. Use of Artificial Intelligence (AI)
Custodio Legal includes Artificial Intelligence features (currently: Case Summary), optional and subject to the following conditions: (a) NATURE OF OUTPUT: AI-generated results constitute administrative support material. They are NOT, under any circumstances, legal advice, professional opinion, or a substitute for the attorney's judgment (reinforcing Section 17). (b) VERIFICATION OBLIGATION: You are responsible for reviewing, validating, and verifying every AI output before using it in any professional, contractual, or procedural action. AI may produce errors, omissions, inaccuracies, or incorrect statements ('hallucinations'). (c) CREDIT SYSTEM: AI features are consumed via credits assigned to your plan or purchased as an add-on. Credits consumed by already-executed operations are non-refundable, except for a verified failure attributable to Custodio Legal. Unused monthly credits do not roll over to the next period unless your plan states otherwise. (d) LIMITS AND RATE LIMITING: We may apply reasonable usage limits to prevent abuse, protect service stability, and control infrastructure costs. Such limits are communicated on the pricing page or in AI settings. (e) PROHIBITED USES: You agree NOT to use AI features to: (i) generate illegal, defamatory, discriminatory content or content that infringes third-party rights; (ii) process personal data of third parties without valid consent from the data subject or applicable legal basis; (iii) attempt to extract, re-identify, or reverse-engineer information about other clients or the model; (iv) automate mass submissions, scraping, or evasion of rate limits; (v) generate documents intended to deceive judicial or administrative authorities. Non-compliance may result in immediate suspension of AI access and, in severe cases, account termination under Section 5. (f) DATA SENT TO PROVIDER: By executing an AI operation, you expressly authorize the transfer of the necessary data to our AI provider (currently Anthropic) under the conditions described in the Data Processing Policy (Section 14). We do not send file attachments or data from cases other than the selected one. (g) AVAILABILITY: AI features depend on third-party services. Custodio Legal does not guarantee uninterrupted availability and is not responsible for outages, model changes, or price changes by such providers that temporarily impact the service. In case of extended unavailability (>72 continuous hours), we will compensate unused credits. (h) NO-RETRAINING CLAUSE: Our agreements with AI providers prohibit using your data to train or improve models. (i) FEATURE EVOLUTION: AI features may change, expand, or be retired. We will notify material changes at least fifteen (15) days in advance. (j) WARRANTY EXCLUSION: To the maximum extent permitted by law, AI features are provided 'as is', without warranty of accuracy, fitness, or freedom from errors. Responsibility for using the outputs lies solely with the user.