ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES PROVIDED BY OXYGEN FORENSICS THROUGH THIS WEBSITE. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH OXYGEN FORENSICS AND USE OF THE SERVICES PROVIDED THROUGH THE OXYGEN FORENSICS WEBSITE. OXYGEN FORENSICS HEREBY REQUESTS THAT YOU ACCEPT THIS TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITE INDICATES THAT YOU ACCEPT THIS TERMS OF SERVICE. IF YOU DO NOT ACCEPT THIS TERMS OF SERVICE, DO NOT USE THE WEBSITE, SERVICES.
THIS TERMS OF SERVICE INCLUDES OXYGEN FORENSICS’ PRIVACY POLICY WHICH IS INCORPORATED AND MADE A PART OF THIS TERMS OF SERVICE.
Acceptance of Terms of Service
This Terms of Service (the “Agreement” or “Terms of Service”) is a legally-binding agreement between you, either an individual or an entity (“you” or“user”), and
Oxygen Forensics, Inc. and its affiliates (“Oxygen Forensics”) regarding use of https://oxygenforensics.com/ (the “Website”) and the Services, as defined below. Oxygen Forensics makes the Website and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website and Services (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website and Services you agree to be bound by and to accept this Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.
If you do NOT agree to all the terms and conditions in this Terms of Service, you should NOT use the Website or Services. If you do NOT agree to any additional specific terms that apply to particular Content or to a particular transaction concluded through the Website or Services, then you should NOT use the part of the Website or Services that contains such Content or through which such transactions are concluded. Also, when you use any current or future Oxygen Forensics service or visit the Website or obtain any products or services, whether free of charge or for payment, provided by Oxygen Forensics, you will be subject to the guidelines and conditions applicable to such products or services.
This Terms of Service may be amended by Oxygen Forensics at any time upon notice provided through a posting on the main page of the Website.
Please check this Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to this Terms of Service or, where inconsistent with this Terms of Service such specific terms will supersede this Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with this Terms of Service.
Oxygen Forensics reserves the right to make changes or updates with respect the Content or the format thereof at any time without notice. Oxygen Forensics also reserves the right to terminate or restrict your access to the Website and Services or any portion thereof for any reason whatsoever at its sole discretion.
Description of Services
Oxygen Forensics is a globally recognized provider of digital forensic and investigative software solutions designed to support legally defensible data collection, analysis, and reporting. Our solutions enable law firms, corporate legal departments, government entities, and investigative professionals to extract, preserve, and analyze digital evidence from mobile devices, computers, cloud services, and connected data sources in a forensically sound manner.
Oxygen Forensics’ flagship platform, Oxygen Forensic Detective, provides comprehensive capabilities for the acquisition and examination of data from a broad range of devices and operating systems, including Android and iOS, as well as associated cloud-based data. The software supports advanced parsing, timeline analysis, keyword searching, and artifact reconstruction to assist legal professionals in identifying relevant, admissible evidence while maintaining data integrity and chain of custody.
For enterprise and corporate investigations, Oxygen Forensics offers scalable solutions through Oxygen Forensics Enterprise, enabling secure, centralized, and controlled evidence collection and review across multiple custodians and endpoints. Solutions such as Oxygen Remote Explorer facilitate targeted, remote data collection, while Oxygen Review Center provides collaborative, web-based access for authorized reviewers, supporting efficient case management and reducing investigation timelines.
Oxygen Forensics solutions are widely relied upon by law enforcement agencies, government organizations, and legal professionals worldwide and are designed to support compliance with evidentiary standards, internal investigations, eDiscovery processes, and regulatory requirements. The platform’s robust reporting and documentation features assist legal teams in presenting findings clearly and defensibly in administrative, civil, and criminal proceedings.
Users’ Obligations
You agree to use the Website and Services only for purposes permitted by this Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. OXYGEN FORENSICS IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where Oxygen Forensics is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
Use of the Website and Services
You agree not to access (or attempt to access) the Services by any means other than those provided by Oxygen Forensics or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website or Services (or the servers and networks which are connected to the Website or Services).
Further, you agree:
- not to disrupt or interfere with any other user’s enjoyment of the Website or Services or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Website or Services any viruses or other harmful, disruptive, or destructive files;
- not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
- not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website or Services or any affiliated or linked sites.
User Account
When you request technical support from Oxygen Forensics, you may be required to create a personalized account (“User Account”) or a User Account automatically be created for you by Oxygen Forensics. In creating your User Account, you agree to submit accurate, current and complete information about yourself. Oxygen Forensics reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current or incomplete.
When you create your User Account, you may be permitted to choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After you accept these Terms of Service and your User Account registration has been accepted by Oxygen Forensics, your User Account will be established. You are solely responsible for any and all activities that occur under your User Account, whether or not such use was authorized by you.
To the extent that you provide any personally identifiable information, please read our Privacy Policy which describes how Oxygen Forensics collects, uses, discloses, manages and stores your personally identifiable information (“Personal Information”). You agree and understand that you are responsible for maintaining the confidentiality of all user names and passwords associated with your User Account. Additionally, you may not use a User Account that belongs to someone else at any time without the permission of that account holder. Oxygen Forensics is not liable for any harm caused or related to the theft or misappropriation of your user name, password, User Content, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. However, you could be held liable for losses incurred by Oxygen Forensics, another user or any third party due to misappropriation and use of your User Account. If you become aware of any unauthorized use of your User Account, please notify Oxygen Forensics immediately at support@oxygenforensics.com.
User Content
User Account holders may upload certain content to be posted on and accessed through the Website and Services (“User Content”). Subject to these Terms of Service, your User Content may be used in any manner that has been authorized by you. You acknowledge and agree that Oxygen Forensics has no liability of any kind should users or third parties access your User Content. Furthermore, you acknowledge and agree that User Content you submit, post, or display may be viewable by other users of the Website and Services and, potentially, through third party services and websites.
Oxygen Forensics does not own any User Content and does not monitor, edit, or disclose any information regarding you or your User Account without your prior permission, except in accordance with these Terms of Service or Privacy Policy. Oxygen Forensics also does not, as a matter of practice, review, inspect, edit or monitor any User Content posted, stored, or accessed by you or any other user of the Website or Services. However, Oxygen Forensics reserves the right, solely upon its own discretion, to refuse, remove, or disable access to any User Content that Oxygen Forensics learns may be illegal or may violate the terms of these Terms of Service, although it has no obligation to do so. Oxygen Forensics’ action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any user (or any other third party) does not waive Oxygen Forensics’ right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation.
Oxygen Forensics does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties’ proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account.
Content prohibited from the Website and Services include but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person’s personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.
Guidelines for Communicating with Users
The Website and Services may allow you to communicate with other users. Discretion should be used when disclosing any information through these means, as it may be accessed by third parties. Use of any personally identifiable information, and your options regarding our use of this information, are subject to Oxygen Forensics’ Privacy Policy support@oxygenforensics.com.
Oxygen Forensics reserves the right to modify and/or delete any message submitted by users, at its sole discretion, at any time and for any reason, including, but not limited to material which in Oxygen Forensics’ opinion:
- may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
- may infringe any intellectual property or other right of any entity or person;
- may violate any applicable law or advocates illegal activity;
- advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
- disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via the Website;
- includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
- violates any policy or regulation established from time to time regarding use of this Website or any networks connected to this Website; or
- contains links to other sites that contain the kind of content which falls within the descriptions set out above.
Technical Support
Oxygen Forensics may provide technical support for users. In order to receive technical support from Oxygen Forensics, the user seeking such support must request such support by contacting Oxygen Forensics at support@oxygenforensics.com or via the Website. The user should describe the nature of the problem to be resolved as well as provide information about the user (name, address, etc). Oxygen Forensics will make reasonable efforts to respond to such requests in a timely manner, however Oxygen Forensics will have no obligation to respond to any technical support request. It may be necessary to create a User Account as precondition of receiving technical support from Oxygen Forensics. The user shall cooperate with Oxygen Forensics when seeking technical support services by providing information necessary to assist Oxygen Forensics or requested by Oxygen Forensics while diagnosing or resolving the issue. Although Oxygen Forensics cannot guarantee that a technical support issue will be resolved, Oxygen Forensics will make reasonable efforts to perform technical support services in a professional manner.
Information and Materials Provided By You
All materials, documents, communications, or information submitted to, sent through, or stored on the Website and Services by you will be subject to this Terms of Service and Privacy Policy support@oxygenforensics.com. The security of such information is very important to Oxygen Forensics.
Term and Termination
The term of this Terms of Service (“Term”) shall begin when you start using the Website or Services and shall continue in perpetuity unless otherwise terminated by Oxygen Forensics or you by written notice. Oxygen Forensics reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, this Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of Oxygen Forensics’ trademarks, trade names, copyrights and other intellectual property.
Our standard terms of service will involve activation of a software licenses upon payment. Oxygen Forensics will continue to ship the required hardware upon order fulfillment; however, the software license will not be activated until payment has been received. For software renewals, activation of the electronic license will occur upon payment of the renewal invoice. All quotes and invoices prior to April 1, 2025 will be honored in accordance with terms contained in the quote up to the date of expiration, which is thirty (30) days after its creation. If you have any questions or require customized fulfillment options, please contact your Oxygen Forensics representative.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE OXYGEN FORENSICS APPLICATION, WEBSITE, OR SERVICES IN ANY WAY.
Links to Other Sites and Third Party Materials
The Website and Services may include links to other Website and/or third party products and that are not under Oxygen Forensics’ control (collectively, “Third Party Materials”). Oxygen Forensics shall not be responsible in any way for such Third Party Materials. Oxygen Forensics provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by Oxygen Forensics of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
Intellectual Property
Copyright, trademark and all other proprietary rights in the Website, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with Oxygen Forensics and/or its licensors. Unless otherwise specifically provided herein or authorized by Oxygen Forensics in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, or Services, other than in conjunction with the Services offered by Oxygen Forensics through the Website.
Oxygen Forensics hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. Oxygen Forensics disclaims any proprietary interests in the intellectual property rights other than their own.
Warranties and Disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OXYGEN FORENSICS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. OXYGEN FORENSICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. OXYGEN FORENSICS DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY OXYGEN FORENSICS ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by Oxygen Forensics in writing, contractors, agents, dealers or distributors of Oxygen Forensics or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE WEBSITE OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. OXYGEN FORENSICS ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OXYGEN FORENSICS OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Website and Services may contain references to specific Oxygen Forensics products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
You understand and agree that by using the Website and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website and Services at your own risk.
IN NO EVENT SHALL OXYGEN FORENSICS OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF OXYGEN FORENSICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST OXYGEN FORENSICS PERTAINING TO OR IN CONNECTION WITH THE WEBSITE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO OXYGEN FORENSICS IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
SERVICES AGREEMENT
Oxygen Forensics Inc. (“Oxygen”) provides certain software products and services to Licensee pursuant to a separate agreement, attached hereto as Exhibit A (“Agreement”). To the extent Oxygen accepts Licensee’s order for services of the software products purchased pursuant to the Agreement (the “Services”), such Services are subject to the following terms and conditions:
1. The Services. The Services shall be agreed in a written order executed by the Parties (“Order”) and may include, without limitation, one or more of the following:
- Installing Oxygen’s software and/or other software or products adapted to interact with Oxygen’s software specifically ordered by Licensee;
- Assisting with network configuration, management and/or troubleshooting;
- Assisting with questions related to computer hardware and/or peripherals related to the installation and integration of Oxygen’s software that are not addressed in the applicable documentation; and
- Assisting with computer operating system configuration, processing, and extraction of digital evidence from supported devices.
2. No Customization. In no event shall Oxygen be obligated to customize or otherwise modify any software. Nothing in this Agreement shall require Oxygen to create or develop any new software.
3. Licensee Responsibilities and Obligations. In addition to any other responsibilities described herein and/or in the applicable Agreement, Licensee’s obligations include, without limitation, the following, and any failure on Licensee’s part shall be deemed to be a material breach:
- Communicate all material Service matters to Oxygen’s contact person;
- Together with Oxygen, schedule the performance of the Services;
- Provide qualified, knowledgeable personnel who will perform Licensee’s obligations hereunder and under the Agreement, make timely decisions necessary to perform the Services, participate in the project to the extent reasonably requested by Oxygen and reasonably assist Oxygen with its performance of the Services;
- Provide Oxygen’s personnel with controlled and supervised appropriate levels of access and privilege to systems and information necessary for Oxygen’s performance of the Services;
- Provide timely responses to Oxygen’s inquiries and requests for approvals and authorizations;
- Immediately terminate Oxygen’s access rights and immediately remove access during all periods of time for which Oxygen is not actively performing Services;
- Provide access to any information or materials reasonably requested by Oxygen which are necessary or useful as determined by Oxygen in connection with providing the Services, including, but not limited to, physical and computer access to Licensee’s computer systems;
- Licensee’s personnel shall be available on a timely basis, and when reasonably requested by Oxygen, Licensee’s personnel shall provide input, review the Services being performed and the items being delivered by Oxygen, answer questions, and allow Oxygen to gather and validate information, perform reviews and obtain other input;
- Licensee shall work with Oxygen so that together the Parties can define roles and responsibilities, develop project and test plans, identify risks, and ensure management of open issues; and
- Licensee must have acquired all necessary hardware and software necessary to complete the Services.
4. Data Back-Up. Licensee is solely responsible for its data and for the protection of such data and against loss, damage or corruption, and Licensee will be solely responsible for reconstructing data (including, but not limited to, data located on disk files and memories) and software that may be lost, damaged or corrupted during the performance of Services. Licensee must perform a successful and verified backup of its data before Oxygen or a third party performs any Services. OXYGEN AND ITS SUPPLIERS, SUBCONTRACTORS AND AFFILIATES ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH THE LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE, AND YOU ASSUME ALL RISK OF LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE SERVICES.
5. Remote Access. When Services are performed remotely, Licensee shall cooperate with Oxygen to enable Oxygen to perform the Support Services remotely using standard, commercially available remote-control software. Licensee shall be solely responsible for instituting and maintaining proper safeguards to protect Licensee’s systems and data. For the avoidance of doubt, Oxygen is not responsible for any security breaches or data leaks caused by third party remote-control software, even if such third-party remote-control software was provided by Oxygen.
6. On Location. When Services are performed at Licensee’s location (or another location designated by Licensee), they shall be performed during mutually agreed upon times. When Services are performed at Licensee’s location (or another location designated by Licensee), Licensee shall provide adequate workspace for the engagement personnel (both Oxygen’s personnel and Licensee’s personnel) with appropriate system access. When the Services are performed at Licensee’s premises, Oxygen will use commercially reasonable efforts to perform such Services within Licensee’s normal business hours unless otherwise jointly agreed to by Licensee and Oxygen. When the Services are provided on Licensee’s premises or at another location designated by Licensee, Licensee shall maintain adequate insurance coverage to protect Oxygen and Licensee’s premises, and Licensee agree to indemnify and hold Oxygen and its employees, contractors, and affiliates harmless from any loss, cost, damage or expense (including, but not limited to, attorneys fees and expenses) (“Losses”) arising out of any product liability, death, personal injury or property damage or destruction occurring at such location in connection with the performance of the Services, other than Losses which arose solely as a result of Oxygen’s willful misconduct.
7. Unmet Obligations. Licensee hereby acknowledges and agrees that the Services are dependent upon the completeness and accuracy of information provided by Licensee and the knowledge and cooperation of the personnel engaged or appointed by Licensee who are selected by Licensee to work with Oxygen. If Licensee does not fulfill all of Licensee’s responsibilities and obligations hereunder in a timely manner or if any information is incomplete, is incorrect or becomes incorrect, then:
- The anticipated schedule for the Services may be delayed;
- Scheduled personnel may be reassigned to a different project or may become idle;
- The amount of time it takes to perform the Services may increase and/or Oxygen may need to perform additional or different Services in order to be able to perform the original Services, in which case, Oxygen shall invoice Licensee for any such additional or different time or performance (calculated using the same rates applicable to the Services, using an eight-hour work day, and if no rate had yet been agreed upon, then using Oxygen’s then-current standard rate); and
- It may be commercially unreasonable for Oxygen to perform the Services, either in whole or in part, in which case Oxygen shall have the right to terminate any obligation it might have to Licensee, to perform the Services or otherwise.
8. Project Scheduling. Any dates, deadlines or schedules in any Order or otherwise anticipated for the project are estimates only, to be used for Oxygen’s planning only. Together Oxygen’s contact person and Licensee’s contact person will develop an anticipated schedule.
9. Services Fee; Hourly Rate. Oxygen will invoice Licensee for Services specified in the applicable Order at the rates specified therein (the “Service Fee”), plus any travel and expenses. Unless specified to the contrary in the applicable Order, Oxygen may invoice Licensee for all of the Services described in any Order or any portion of them before the provision of the Services.
10. Objections. Any objections Licensee may have to an invoice or Services performed hereunder shall be made to Oxygen within fifteen (15) days after the date of the invoice.
11. Expiration and Termination. These Service Terms shall terminate upon:
- Licensee’s acceptance of the Services and payment of all Fees;
- Upon termination of the Agreement pursuant to the terms thereof; and/or
- Upon notice to Licensee, if Licensee has breached any of the terms hereof or any agreement with Oxygen, including but not limited to, the Agreement.
12. Conflicts and Order of Precedence. In the event of a conflict between these Service Terms and the Agreement, these Service Terms shall prevail.
13. Required Consents. Licensee shall provide all Required Consents (as defined below) necessary for Oxygen to provide the Services. “Required Consents” means consents, permissions, and/or approvals required to give Oxygen and its subcontractors the right or license to access, use and modify all data and third-party products necessary for the provision of the Services.
14. Security. Oxygen will follow all of Licensee’s reasonable security rules and procedures, as communicated in writing by Licensee to Oxygen from time to time.
15. Cumulative Rights. The rights and remedies provided Oxygen hereunder and under the applicable Agreement are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.
16. WARRANTY.
- Oxygen Representations and Warranties. Oxygen represents, warrants, and covenants to Licensee that Oxygen will perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and will devote adequate resources to meet its obligations hereunder.
- DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH IN SECTION 15(a) OF THESE INSTALATION SERVICE TERMS, THE SERVICES ARE PROVIDED “AS IS.” OXYGEN HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OXYGEN MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, WILL MEET LICENSEE’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION, OR MATERIALS; OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL OPEN-SOURCE COMPONENTS AND OTHER THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN LICENSEE AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF SUCH OPENSOURCE COMPONENTS OR OTHER THIRD-PARTY MATERIALS. THIS AGREEMENT DOES NOT AMEND, AUGMENT, OR OTHERWISE MODIFY THE PROVIDER’S WARRANTIES UNDER THE AGREEMENT OR ANY CONDITIONS, LIMITATIONS, OR RESTRICTIONS THEREOF.
Statement of Work (SoW)
Deployment Services for Oxygen Forensics Solutions
-
Overview
This Statement of Work (“SoW”) defines the deployment services to be delivered by Oxygen
Forensics (“Oxygen”) for the implementation of its software solutions within the Client’s
environment.
The objective of these services is to ensure that the solution is correctly installed, configured,
and validated for operational use in accordance with agreed requirements.
-
Scope of Services
Oxygen will provide deployment services to install and configure the agreed Oxygen Forensics solution within the Client’s designated environment.
The scope includes:
- Installation of the software in the agreed environment
- Configuration of core system settings
- Activation and validation of applicable licensing
- Validation of agreed core functionality
- Delivery of knowledge transfer sessions to designated Client personnel
- Provision of completion documentation
All services will be delivered remotely unless otherwise agreed in writing.
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Deliverables
Oxygen will provide the following deliverables:
- Deployed and configured Oxygen Forensics solution
- Validation of agreed core functionality
- Knowledge transfer session(s)
- Completion documentation summarizing configuration and deployment
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Project Phases & Milestones
The deployment will be delivered in the following phases:
Project Initiation
- Kick-off meeting
- Confirmation of scope, timeline, and responsibilities
Pre-Deployment
- Environment validation
- Confirmation of prerequisites and access
Deployment
- Installation and configuration of the solution
- Licensing activation
- Initial validation of functionality
Post-Deployment
- Knowledge transfer session(s)
- Final validation of agreed core functionality
Completion & Handover
- Delivery of completion documentation
- Formal handover to Client
Client Responsibilities
The Client agrees to:
- Provide timely access to required systems, infrastructure, and personnel
- Ensure all prerequisites and environmental requirements are met
- Assign appropriate technical contacts for coordination
- Participating in validation and acceptance activities
- Provide feedback within the agreed acceptance period
Delays caused by failure to meet these responsibilities may impact delivery timelines.
Assumptions
This SoW is based on the following assumptions:
- The Client environment meets the required technical specifications
- Required access and permissions are granted in a timely manner
- No major infrastructure changes are required during deployment
- Services are delivered remotely unless otherwise agreed
Exclusions
The following services are explicitly out of scope:
- Data migration or historical data processing
- Endpoint deployment or device rollout
- Network configuration or infrastructure build-out
- Identity management or authentication system changes
- Custom development or scripting
- Performance tuning beyond standard configuration
- Security, compliance, or legal validation
- Formal training programs beyond knowledge transfer
- Ongoing managed services or operational support
- Third-party software or system integration
Any services outside this scope will require a separate agreement.
Acceptance Criteria
The services and deliverables will be deemed accepted when:
- The solution is installed in the agreed environment
- Applicable licensing is activated
- Agreed core functionality is validated
- Knowledge transfer has been delivered
- Completion documentation has been provided
Unless the Client provides written notice of any material nonconformity within five (5) business
days of delivery of the completion documentation, the services and deliverables will be deemed
accepted.
Change Control
Any changes to the scope of this SoW must be agreed in writing by both parties.
Changes may impact cost, timeline, and deliverables.
Fees & Payment Terms
Fees for the services described in this SoW will be defined in the associated commercial
agreement or quotation.
Payment terms will follow the agreed contractual terms.
Warranty & Support
Oxygen warrants that the services will be performed in a professional and workmanlike manner.
If the Client reports a material nonconformity in the services within thirty (30) days of
completion, Oxygen will use commercially reasonable efforts to correct such nonconformity at
no additional charge.
Ongoing support beyond this period will be provided under the applicable support or
maintenance agreement.
Term
This SoW is effective upon signature and remains in effect until completion of the services,
unless terminated in accordance with the governing agreement.
Additional Terms and Conditions
This Statement of Work (“SoW”) is governed by and incorporated into the applicable master
agreement, end user license agreement, terms of service, or other commercial agreement
between the parties (the “Governing Agreement”). In the event of any conflict between this
SoW and the Governing Agreement, the terms of the Governing Agreement will control.
This SoW is provided for reference purposes in connection with Oxygen Forensics deployment
services. Specific services, scope, timelines, and fees will be defined in the applicable executed
quotation or agreement between the parties.
Oxygen will perform the services described herein in a professional and workmanlike manner.
Oxygen is not responsible for delays, failures, or performance issues resulting from Client
systems, infrastructure, third party software or services, or any factors outside of Oxygen’s
reasonable control.
Deployment services are limited to the scope defined in this SoW. Oxygen does not perform
data migration, infrastructure configuration, or security validation unless explicitly agreed in
writing. Oxygen does not access, process, or store Client investigative or evidentiary data as part
of deployment services, except as necessary for configuration validation and only with Client
authorization.
Scheduling of deployment services is subject to resource availability and mutual agreement
between the parties. Any changes to scope, timeline, or deliverables must be agreed in writing
and may result in adjustments to fees and delivery timing.
For purposes of acceptance, a material nonconformity means a failure of the deployed solution
to perform the agreed core functionality as defined in this SoW. Any claims of nonconformity
must be directly related to the services delivered under this SoW.
Unless the Client provides written notice of any material nonconformity, defined as a failure of
the solution to perform agreed core functionality, within five (5) business days of delivery of the
completion documentation, the services and deliverables will be deemed accepted.