BIS App User Agreement

PLEASE READ THIS DOCUMENT CAREFULLY. The BIS App User Agreement (‘this
Agreement’) is a legal agreement between you (‘you’, ‘your’, ‘yourself’) and Global Rights
Compliance (‘GRC’). GRC is a Limited Liability Partnership, established in England and Wales
(registration number OC388087) with a registered office at Endeavour House, 78 Stafford Road,
Wallington, Surrey, UK SM6 9AY, and also a registered Foundation in The Netherlands
(registration number 70048436) with a registered office at Laan 20, 2512 GN The Hague, The
Netherlands.

BY ACCESSING AND/OR USING THE GRC BASIC INVESTIGATIVE STANDARDS APP

AND ITS CONTENT (“THE APP”), YOU CONFIRM THAT YOU ARE AT LEAST
EIGHTEEN (18) YEARS OF AGE AND HAVE THE LEGAL AUTHORITY TO ACCEPT
THIS AGREEMENT. YOU FURTHER ACCEPT AND AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT AND ACKNOWLEDGE THAT THEY CONSTITUTE A
LEGALLY BINDING CONTRACT BETWEEN GRC AND YOU (AND, IF RELEVANT,
ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU ARE ACTING
ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE
REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT
ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DOES NOT
AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND
YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP,
AND SHOULD NOT CLICK TO ACCEPT THESE TERMS AND SHOULD NOT PROCEED
FURTHER.

1. Purpose and Use of the App

1.1 The purpose of the app, which is provided by GRC, is solely to offer educational
information. The app is not a substitute for professional legal advice. The app does not create an
attorney-client relationship, nor is it a solicitation to offer legal advice.

1.2 It is important that you should always be aware of the risks involved in collecting
information on atrocity crimes. NEVER PUT YOURSELF IN A SITUATION WHERE USING
OR POSSESSING THE APP MAY PLACE YOU OR ANYONE ELSE AT RISK OF HARM.
Exercise extreme caution at all times and take all available precautions, including foregoing
collection or deleting the app, if necessary.

2. Acceptable Use Restrictions

2.1 You may only use the app for lawful purposes, and must not use the app to engage in or
facilitate any illegal activity.

2.2 You must comply with all laws and regulations applicable in the location where you use the
app.
2.3 You may use the app only for non-commercial purposes and only in accordance with this
Agreement (and in accordance with any applicable terms of any relevant third party service
provider for the device to which you download, or on which you access or use, the app).

2.4 You are assumed to have obtained permission to download the app from the owner of any
device that is controlled, but not owned, by you. If you sell or otherwise transfer any device on
which the app is installed, you must remove the app from the device prior to the transfer. You
accept responsibility, in accordance with this Agreement, for all access to, and use of, the app by
you on any device, whether or not it is owned by you.

3. No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR
SOLE RISK. GRC DOES NOT GUARANTEE YOUR SAFETY OR THAT OF ANY OTHER
INDIVIDUAL INVOLVED IN THE USE OF THE APP, NOR DOES GRC GUARANTEE
THE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE OPERABILITY OF THE APP.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY
SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED ‘AS IS’ AND
‘AS AVAILABLE’, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
GRC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO
THE APP AND ANY SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ACCURACY, COMPLETENESS, CURRENCY, CORRECTNESS,
RELIABILITY, INTEGRITY, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GRC OR ITS
REPRESENTATIVES SHALL CREATE A WARRANTY.

4. Limitation of Liability

4.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GRC OR ITS
PARTNERS, CONSULTANTS, AFFILIATES, CONTRACTORS, DONORS, LICENSORS,
EMPLOYEES OR AGENTS BE LIABLE FOR PERSONAL INJURY OR ANY
INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER,
ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP,
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT,
TORT, OR OTHERWISE) AND EVEN IF GRC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

4.2 Nothing in this Agreement shall limit or exclude GRC’s liability:

 for death or personal injury caused by GRC’s negligence;

 for fraudulent misrepresentation; or
 for any other liability that may not, under applicable law, be limited or excluded.

4.3 Any liability GRC or its partners, consultants, affiliates, contractors, donors, licensors,
employees or agents do have for any losses you suffer are strictly limited to losses that were
reasonably foreseeable. In no event shall GRC’s total liability to you for all damages (other than
as may be required by applicable law in cases involving personal injury) exceed the amount of
Fifty British Pounds (£50.00). The foregoing limitations will apply even if the above stated
remedy fails of its essential purpose.

5. Indemnification

You agree to indemnify, defend and hold harmless GRC, its partners, consultants, affiliates,
contractors, donors, licensors, employees, and agents from all claims, damages, costs and
expenses (including reasonable legal fees) arising directly or indirectly from your acts or
omissions in connection with using the app or any breach by you of the terms of this Agreement.

6. Design, Features and Functionality

GRC reserves the right to change the design, features and/or functionality of the app by making
the updated app available for download. You are not obliged to download any updated app but,
in some circumstances, you may not be able to continue using the app until you have
downloaded the updated version.

7. Fees

7.1 The app is provided at no charge to you provided that you agree that GRC may add optional
services to the app or to you for a fee, or may offer a premium version of the app for a fee.

7.2 You acknowledge that the mobile service provider for the device to which you download, or
on which you access or use the app, may charge for internet access (including mobile data usage)
on that device.

8. Consent to use of data

The use of any personal data collected or submitted via the app is governed by GRC’s Privacy
Policy.

9. Relationship of Parties

This Agreement does not signify any agency, partnership, employment, consultancy or
privileged relationship between you and GRC. GRC is not commissioning you to conduct any
investigative activities or otherwise to collect information.

10. Intellectual Property

All intellectual property rights, including but not limited to copyright, in and to the app and its
contents and code, and any copies thereof, are owned by GRC or their licensors. The app is
licensed, not sold, to you. You have no intellectual property rights in, or to, the app, other than
the right to use it in accordance with this Agreement.

11. License Restrictions

11.1 Except to the extent expressly set out in this Agreement, you are not allowed to:

 rent, lease, sub-license, loan, provide, or otherwise make available, the app or its contents
in any form, in whole or in part, to any person, without prior written consent from GRC;
 copy the app except as part of the normal use of the app or where it is necessary for the
purpose of back-up or operational security;
 translate, merge, adapt, vary, alter or modify, the whole or any part of the app to be
combined with, or become incorporated in, any other programs, except as necessary to
use the app on devices as permitted in this Agreement;
 disassemble, de-compile, reverse engineer or create derivative works based on the whole
or any part of the app nor attempt to perform such actions, except to the extent permitted
by applicable law.

11.2 You must comply with all applicable technology control or export laws and regulations that
apply to the technology used or supported by the app.

12. Termination

12.1 This Agreement will terminate automatically upon you breaching any of its terms or upon
deleting the app from your device, but the following sections shall survive termination: section 3
(No Warranty), section 4 (Limitation on Liability), section 5 (Indemnification), section 10
(Intellectual Property), section 13 (Dispute Resolution) and any other provision of this
Agreement that, when reasonably read, is intended to survive the termination of this Agreement.

12.2 GRC reserves the right to withdraw or suspend the operation of the app, or cease to provide
and/or update content to the app, with or without notice to you, if GRC needs to do so, including,
without limitation, for security, legal or business reasons.

13. Dispute Resolution

The terms of this Agreement are governed by English law and the English courts shall have
exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this
agreement or its subject matter or formation (including non-contractual disputes or claims).

14. Other important terms

14.1 We may freely transfer our rights and obligations under this Agreement to another
organisation. You are not permitted to transfer your rights or obligations.

14.2 If GRC fails to enforce any of its rights, that does not result in a waiver of that right.

14.3 The terms of this Agreement may not be varied except with GRC’s express written consent.

14.4 If any provision of this Agreement is found to be unenforceable, all other provisions shall
remain in full force and effect.
14.5 This Agreement represents the entire agreement between the parties in relation to its subject
matter. GRC is required by law to advise that this Agreement may be concluded in the English
language only and that no public filing requirements apply.

15. Contacting GRC

Questions concerning this Agreement or its subject matter may be submitted by email to
[email protected].