<tskulbru.dev/>

Terms of Service for Mockingjay

Last updated: February 2, 2026 (v2 - Apple Minimum Terms)

Please read these Terms of Service ("Terms") carefully before using Mockingjay ("the App", "we", "our", or "us"). By downloading, installing, or using Mockingjay, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using Mockingjay, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.

Important: This End User License Agreement ("EULA") is between you and Torstein Skulbru (the "Developer"), not Apple Inc. ("Apple"). Apple is not responsible for the App or its content. The Developer, not Apple, is solely responsible for the App and the services and content available therein.

2. Description of Service

Mockingjay is a secure video recording application that encrypts video footage and uploads it to your personal Google Drive account. The App is designed for individuals who need tamper-resistant video documentation, including journalists, activists, and others in sensitive situations.

3. Security Architecture

Mockingjay uses a security architecture designed to keep your recordings private. To be fully transparent about what this means, we distinguish between what is technically impossible and what we commit to never doing.

What Is Technically Impossible (We Cannot Do This)

The following protections are enforced by the App's design — we genuinely cannot bypass them:

  • Your passphrase is never stored. It is generated once during setup, shown to you, and immediately discarded. We have no copy and cannot recover it.
  • Your PIN is never stored. It exists only briefly in device memory when you enter it, then is used to derive a decryption key and discarded.
  • Your encrypted recordings are stored in YOUR Google Drive account, not on our servers. We have no access to your Google Drive.
  • We cannot identify which recordings belong to which user. We have no database linking users to their encrypted files.

Because of this architecture, we literally cannot recover your passphrase, access your recordings, or provide them to any third party — even if legally compelled.

What We Commit To Never Doing (Behavioral Commitment)

The following data does exist on your device and could theoretically be read by the App:

  • Your master encryption key is stored in Apple's Secure Enclave and in encrypted form in the Keychain. The App must access this to encrypt/decrypt recordings.
  • Your PIN passes through device memory when you enter it.

A malicious app update could read this data and transmit it. We commit to never doing this. Specifically, we will not:

  • Log, capture, or transmit your master encryption key to any server
  • Log, capture, or transmit your PIN when you enter it
  • Build "lawful intercept" or "exceptional access" capabilities into the App
  • Modify the App to exfiltrate credentials in response to legal demands
  • Provide law enforcement with tools or updates to bypass encryption
  • Weaken our encryption or security practices in any jurisdiction

If we are ever legally compelled to compromise user security in ways that conflict with these commitments, we will cease offering the App in that jurisdiction rather than comply.

What We Can Provide If Legally Compelled

In response to valid legal process, we can only provide information that actually exists on our systems:

  • Basic account information from Firebase (anonymous user ID, account creation date)
  • Anonymized, aggregated analytics data that cannot identify individual recordings
  • Subscription status through RevenueCat (if applicable)

We cannot provide — because we do not possess:

  • Your passphrase (never stored)
  • Your PIN (never stored)
  • Your recordings (stored in your Google Drive, not ours)
  • Recording metadata, timestamps, or GPS coordinates (encrypted in your recordings)

We will not provide — as a matter of policy:

  • Your master encryption key (exists on your device, but we commit to never transmitting it)
  • Any app modification that would capture your credentials

4. Recording Laws and User Responsibility

You are solely responsible for complying with all applicable laws regarding recording consent in your jurisdiction. Recording laws vary significantly by location:

  • Some jurisdictions require all-party consent (everyone being recorded must agree)
  • Some jurisdictions require one-party consent (only the person recording must consent)
  • Some locations prohibit recording in certain contexts entirely

We do not provide legal advice. Before using Mockingjay, you should understand the recording consent laws in your area.

Complete User Responsibility Disclaimer

THE DEVELOPER (TORSTEIN SKULBRU) IS NOT LIABLE FOR ANY CONSEQUENCES ARISING FROM YOUR USE OF THIS APP. This includes, but is not limited to:

  • Legal actions taken against you by any party (including law enforcement, governments, employers, or individuals)
  • Criminal charges, arrests, detentions, or prosecutions related to your recordings
  • Civil lawsuits, claims, or judgments against you
  • Violations of recording consent laws, privacy laws, or any other laws
  • Confiscation of your device or recordings by any authority
  • Employment consequences (termination, discipline, etc.)
  • Personal, professional, or reputational harm
  • Physical harm or injury to yourself or others
  • Any other negative outcome resulting from your use of the App

You assume all risk associated with using the App. The Developer provides a tool; how you use that tool is entirely your responsibility. The Developer has no control over, and assumes no responsibility for, the content you record, how you use your recordings, or the circumstances under which you choose to record.

The Developer will not:

  • Provide legal defense or assistance if you face legal consequences
  • Pay for damages, fines, or legal fees resulting from your use of the App
  • Intervene on your behalf with law enforcement or any other party
  • Accept any liability for decisions you make while using the App

5. No Guarantee of Evidence Admissibility

While Mockingjay is designed to create secure, tamper-resistant recordings, we make no guarantee that recordings made with the App will be admissible as evidence in any legal proceeding. Courts have specific rules regarding evidence authenticity, chain of custody, and admissibility that vary by jurisdiction and case type.

If you intend to use recordings as legal evidence, consult with a qualified attorney in your jurisdiction.

6. Security Limitations

While we use industry-standard encryption (AES-256-GCM) and security practices:

  • No security system is 100% infallible
  • We cannot guarantee protection against all possible attacks or vulnerabilities
  • Security depends partly on your device security and practices
  • Future cryptographic advances could theoretically compromise current encryption

We continuously work to maintain strong security but cannot guarantee absolute protection.

7. Service Availability

We strive to provide reliable service, but:

  • Uploads may fail due to network conditions, Google Drive outages, or other factors
  • The App may be temporarily unavailable for maintenance or updates
  • Google Drive availability is outside our control
  • We do not guarantee uninterrupted recording or upload capability

We are not liable for any damages resulting from failed uploads, lost recordings, or service interruptions. You should not rely solely on Mockingjay for critical documentation needs.

8. Prohibited Uses

You agree NOT to use Mockingjay for:

  • Stalking, harassment, or intimidation of any person
  • Recording individuals without consent where required by law
  • Any illegal surveillance activities
  • Recording in locations where recording is prohibited (private property, courtrooms, etc.)
  • Creating content that exploits, harms, or endangers minors
  • Any activity that violates applicable local, state, national, or international law

We reserve the right to terminate access for users who violate these terms, though our zero-knowledge architecture means we cannot monitor your actual recordings.

9. Subscriptions and Payments

Mockingjay offers free and premium (Pro) tiers:

  • Payment is processed by Apple through the App Store
  • Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date
  • You can manage subscriptions in your Apple ID settings
  • Refunds are handled by Apple according to their policies
  • We reserve the right to change pricing with reasonable notice

10. License Grant and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use Mockingjay on Apple-branded devices that you own or control, as permitted by the Apple App Store Terms of Service.

You may not:

  • Copy, modify, or distribute the App
  • Reverse engineer, decompile, or disassemble the App
  • Distribute or make the App available over a network where it could be used by multiple devices simultaneously
  • Rent, lease, lend, sell, or sublicense the App
  • Use our trademarks without permission
  • Create derivative works based on the App
  • Remove or alter any proprietary notices or labels

You retain all rights to your recordings. We claim no ownership over content you create.

11. Maintenance and Support

The Developer is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

12. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TORSTEIN SKULBRU, THE DEVELOPER, EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF RECORDINGS
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • THAT THE APP WILL BE SECURE OR FREE FROM BUGS OR VIRUSES
  • THAT THE APP WILL MEET YOUR REQUIREMENTS
  • THAT RECORDINGS WILL BE SUCCESSFULLY UPLOADED OR PRESERVED

YOU USE THE APP AT YOUR OWN RISK. The Developer does not warrant that the App will meet your specific requirements, that it will be suitable for use as legal evidence, or that it will operate without interruption or error.

Third-Party Services and Links: The App may contain links to or integrate with third-party websites, services, or content (including Google Drive, Firebase, and RevenueCat). The Developer is not responsible for and makes no warranties regarding the availability, accuracy, or content of any third-party services. Your use of third-party services is at your own risk and subject to those parties' terms of service.

Apple has no warranty obligation whatsoever with respect to the App. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the Developer's sole responsibility. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TORSTEIN SKULBRU (THE DEVELOPER), OR ANY OF HIS AFFILIATES, AGENTS, OR SERVICE PROVIDERS, BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or recordings
  • Damages resulting from failed uploads, encryption failures, or data loss
  • Damages arising from unauthorized access to your recordings
  • Damages resulting from your inability to access your own recordings
  • Legal consequences arising from your use of recordings
  • Cost of procurement of substitute goods or services
  • Business interruption however caused
  • Personal injury or property damage arising from your use of the App
  • Failure or malfunction of third-party services (Google Drive, network providers, etc.)
  • Any matter beyond the Developer's reasonable control

THE ABOVE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL THE DEVELOPER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF: (A) THE AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

The foregoing limitations apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, the Developer's liability shall be limited to the greatest extent permitted by law.

Apple is not responsible for any claims relating to the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of HealthKit or HomeKit frameworks if applicable. The Developer, not Apple, is responsible for addressing any such claims.

14. Intellectual Property Claims

The Developer, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights. If any third party asserts a claim against you that the App infringes their intellectual property, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.

15. Indemnification

You agree to defend, indemnify, and hold harmless Torstein Skulbru (the Developer), and his affiliates, officers, agents, partners, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the App
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including any intellectual property, privacy, or publicity right
  • Your violation of any applicable law, rule, or regulation
  • Any recordings you create, store, or share using the App
  • Any claim that your use of the App caused damage to a third party
  • Any misrepresentation made by you

This indemnification obligation will survive the termination of these Terms and your use of the App.

16. No Duty to Assist or Testify

The Developer has no obligation to:

  • Provide testimony, declarations, or witness statements in any legal proceeding involving you or your recordings
  • Appear in court, at depositions, arbitration, or any other legal proceeding on your behalf or against you
  • Provide expert witness services or technical explanations about the App
  • Assist with authentication, verification, or chain of custody for your recordings
  • Cooperate with your legal counsel or provide documentation for your defense
  • Respond to subpoenas related to your use of the App (to the extent legally permissible)

If you require expert testimony or technical assistance for legal proceedings, you must engage and pay for independent experts. The Developer's zero-knowledge architecture means we cannot provide meaningful testimony about your specific recordings regardless.

17. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

  • No Class Actions: YOU AND THE DEVELOPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR HIS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
  • Waiver of Jury Trial: YOU AND THE DEVELOPER WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
  • Arbitration Location: Any arbitration shall take place in Norway, and you agree to submit to the personal jurisdiction of the courts in Norway for the purpose of compelling arbitration or enforcing an arbitration award.
  • Arbitration Costs: Each party shall bear its own costs and attorney's fees in any arbitration.

18. Release of Claims

To the maximum extent permitted by applicable law, you hereby release and forever discharge Torstein Skulbru (the Developer), and his heirs, successors, and assigns, from any and all claims, demands, damages, liabilities, and causes of action, whether known or unknown, that arise out of or relate to your use of the App.

California Residents: You hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

19. Time Limitation on Claims

Any claim or cause of action arising out of or related to your use of the App or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This limitation applies regardless of any statute or law to the contrary.

20. Third-Party Services and Agreements

Mockingjay integrates with third-party services including Google Drive, Firebase, and RevenueCat. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, security, or practices of third-party services.

You must comply with applicable third-party terms of agreement when using the App (e.g., if you use the App over a wireless data connection, you must comply with your wireless data service agreement).

21. Export Compliance

You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported:

  • Into any U.S.-embargoed countries
  • To anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List

By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

22. U.S. Government End Users

The App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with these provisions, the App is being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to these Terms.

23. Termination

You may stop using Mockingjay at any time by deleting the App. Upon termination:

  • Your local encryption keys will be deleted
  • Your encrypted recordings in Google Drive will remain but become inaccessible without your keys
  • Active subscriptions must be cancelled separately through Apple

We may terminate or suspend access to the App for violations of these Terms. This license is effective until terminated by you or us.

24. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by updating the "Last updated" date. Continued use of the App after changes constitutes acceptance of the new Terms.

25. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Norway, without regard to conflict of law principles. Subject to the arbitration provisions in Section 17, the courts of Norway shall have jurisdiction over any matters not subject to arbitration (including compelling arbitration, enforcing arbitration awards, and small claims court matters).

Exception for EU/EEA Residents: If you are a consumer residing in the European Union or European Economic Area, you may also bring proceedings in the courts of your country of residence, and the mandatory consumer protection laws of your country shall apply.

26. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

27. Apple as Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

28. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mockingjay regarding your use of the App.

29. Developer Contact Information

If you have any questions, complaints, or claims regarding the App, please contact:

For support inquiries, please visit: https://tskulbru.dev/apps/mockingjay-support

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