In a nutshell

We (the Recidiviz team) are committed to significantly improving the state of criminal justice through the use of data and technology. We hope that the systems we build make life easier for administrators of the justice system, more equitable for those in their care, and help the government to provide better outcomes for our communities.

These Terms of Service (“Terms”) describe our commitments to you, and the rights and responsibilities you have when using our services. Please read them carefully and reach out to us if you have any questions. 

Terms of Service

These Terms govern your access to and use of recidiviz.org, as well as all content and Recidiviz products and services (for example, email alerts, documents, models, dashboards, reports, and analyses) available at or through these websites (collectively, “Services”). These Terms also govern visitors’ access to and use of any websites that use our Services. For some of Recidiviz’s other products and services, additional Terms of Service may apply and will be posted on the websites for those products and services. Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy), and procedures that may be published from time to time by Recidiviz (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

Participants

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. We refer to Recidiviz Inc. as “Recidiviz” or “we” throughout these Terms.

Your Account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

In most cases, your Recidiviz account will be related to your employer-provided email address. Recidiviz may revoke access, delete your account, or delete accompanying data if requested by your employer or another organization which controls the domain name associated with your account.

When you create an account with a Recidiviz service, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry -- if you aren't interested, you can opt out of any marketing communication.

Age Requirements

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).

Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the content (such as, but not limited to, data, analysis, text, imagery, audio, code, computer software, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:

  • We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
  • If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from that Content or your conduct.
  • We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
  • Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.

We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, Recidiviz.org or our other Services. For example:

  • We do not have any control over those websites and are not responsible for their contents or their use.
  • The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
  • You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • We disclaim any responsibility for any harm resulting from non-Recidiviz websites.

General Representation and Warranty

You represent and warrant that your use of our Services:

  • Will be in strict accordance with these Terms;
  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use of financial services, notification and consumer protection, unfair competition, and false advertising);
  • Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  • Will not infringe or misappropriate the intellectual property rights of Recidiviz or any third party;
  • Will not overburden Recidiviz’s systems, as determined by us in our sole discretion;
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not attempt to access data or information not explicitly made available for your use;
  • Will not attempt to modify, decompile, reverse engineer or otherwise alter or seek Recidiviz products or services to derive trade secrets and other inherent secrets or intellectual property of other Recidiviz users;
  • Will not interfere with, disrupt, or attack any service or network; and
  • Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.

Data Ownership and Confidentiality

Your data and permissions. Recidiviz uses data you provide -- numbers describing parts of your system, cost estimates, text, code, or data ("Your Content") -- to provide the Services. Your Content is yours. Recidiviz does not claim any right, title, or interest in Your Content. When you delete Your Content from Recidiviz systems, it is deleted fully and irrevocably.

Certain features of the Services rely on Recidiviz servers to function, such as persisting data you’ve entered so that it’s still there when you log back in, or to run calculations on Recidiviz web servers. You grant us a non-exclusive, worldwide, royalty free license to provide the Services, including but not limited to storing, displaying, and distributing Your Content. This license extends to trusted third parties we work with. Data is never shared with third parties unrelated to providing or improving our Services, and is only shared with parties relevant to provision of Services under contract.

Content Guidelines. You are fully responsible for Your Content. You may not copy, upload, download, or share Your Content unless you have the appropriate rights to do so. It is your responsibility to ensure that Your Content abides by applicable laws and these Terms. We don't actively review Your Content.

Derived content. Recidiviz may produce derived information based on Your Content, including summary statistics, analysis, and calculations (“Derived Content”). This data is owned by Recidiviz and used (a) internally to improve our Services, and (b) to provide anonymous comparative statistics for other government users (for example, whether their state is in the ‘top 5’ along a particular metric). 

We grant a non-exclusive, worldwide, royalty free license to you for Derived Content provided as part of the Services. 

Research data. In limited circumstances, we may ask you to share a subset of Your Content with researchers to improve the broader community’s understanding of the criminal justice system. This sharing will always be disabled by default, and the option provided to you whether or not to opt-in. 

(As an example: during the Covid-19 pandemic, it became clear that very little research was available on the rate of spread of droplet-borne illnesses in correctional facilities. We asked users to opt-in to sharing their individual data on the spread of the virus to improve the state of research for everyone.)

Specific Service Terms

Dashboards, reports, analyses, documents, and email alerts

Methodology updates. We aim to always provide the most accurate tools and analysis available. Because of this, our methodology for calculating specific metrics or projections may change over time as we improve methods of calculation or learn from issues we or others in the field have encountered.

Attribution. We reserve the right to display attribution text or links in provided reports, dashboards, analyses, documents, and email alerts, attributing Recidiviz.org or the partner organization that contributed data or methodology, for example.

Projections and models

Projection accuracy. The Services may estimate unknown present or historical values, or project future events, based on a set of inputs.  We bring our (and often collaborators’) expertise to bear, but due to the diversity of our users and real-world situations, we cannot vouch for their fitness for a specific purpose. We provide the Services and their resulting information (including projections) "as is," and disclaim any and all warranties, whether express or implied, including (without limitation) any implied warranties of merchantability or fitness for a particular purpose. In no event will Recidiviz be liable to you or to any third party for any direct, indirect, incidental, consequential, special or exemplary damages or lost revenue resulting from any use or misuse of this data.

Usage Information

We collect information about usage patterns of our Services, both in aggregate and on an individual level. This kind of information may include usage pattern data such as navigation within the Services, mouse clicks or movement, and server logs. We take care in preventing this data from including Your Content, to preserve privacy and security for your information.

Intellectual Property

Ownership. The Agreement does not transfer from Recidiviz to you any Recidiviz or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Recidiviz. Recidiviz, recidiviz.org, and all other trademarks, service marks, graphics, and logos used in connection with Recidiviz.org or our Services, are trademarks or registered trademarks of Recidiviz or Recidiviz’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Recidiviz or third party trademarks.

Feedback. If you submit ideas related to the Services or any of Recidiviz’s products or services, for example new features or functionality, or any comments, questions, concerns, suggestions, or the like (“Feedback”), we are free but not obligated to use your Feedback. By submitting Feedback, you’re transferring any rights of intellectual property ownership regarding that feedback to us so that we may incorporate new ideas into the Services or other products.

Third Party Services

In using the Services, you may enable or use services, products, software, embeds, or applications developed by a third party or yourself (“Third Party Services”). We may include references or implementations of Third Party services if we consider it helpful for you or other users (e.g., risk assessment tools or tools provided by other criminal justice organizations). If you use any Third Party Services, you understand that:

  • Third Party Services are not vetted, endorsed, or controlled by Recidiviz.
  • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
  • Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
  • Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data, for example, via a pixel or cookie. If you use the Third Party Service or grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
  • We may not be able to provide support for issues caused by any Third Party Services.
  • If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from our Services.

Changes

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by (a) a superceding legal agreement in place between you and Recidiviz Inc., (b) a written amendment signed by an authorized executive of Recidiviz, or (c) by the posting by Recidiviz of a revised version. If we make changes that are material, we may let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username, (ii) refuse or remove any content that, in our reasonable opinion, violates any Recidiviz policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources you use in using the Services, or terminate your Services, if we believe your use over-burdens our systems (which is very rare), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason.

If you wish to terminate the Agreement or your Recidiviz.org account, you may simply discontinue using our Services. You may also elect to delete your account, which will result in the deletion of Your Content as well.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

Our Services are provided “as is.” You assume the entire risk related to its use of information on Recidiviz web pages or as part of the Services. Recidiviz and its suppliers and collaborators hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Recidiviz, nor its suppliers and collaborators, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk. In no event will Recidiviz be liable to you or to any third party for any direct, indirect, incidental, consequential, special or exemplary damages or lost profit resulting from any use or misuse of this data.

Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San Francisco County, California.

Arbitration Agreement

Any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

Limitation of Liability

In no event will Recidiviz, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Recidiviz under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Recidiviz shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless Recidiviz, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you submit, or actions taken that were informed by the Services provided.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.

Miscellaneous

Unless another binding legal agreement has been negotiated and executed between you and Recidiviz, this Agreement constitutes the entire agreement between Recidiviz and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Recidiviz may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

An open approach

Recidiviz supports open ideas and open software. Society develops best when all members of the community can build upon one another’s work (this is why most of our software and tools are developed as open source). 

In developing these Terms, we made use of open legal documents made available by Automattic, and as thanks for their contributions are making our terms available for reuse under the same Creative Commons ShareAlike license.