File Preservation Policy

1. Introduction

FileSworn's File Preservation feature is available to Professional and Enterprise subscribers to support compliance with legal preservation obligations, including those required by the Federal Rules of Civil Procedure (FRCP) and similar state-level discovery rules.

This policy explains how file preservation works, when to use it, and the responsibilities of users when placing files under preservation.

2. What is File Preservation?

By default, all files uploaded to FileSworn use Temporary Access with automatic expiration (24 hours, 48 hours, or 7 days). After expiration, files are permanently deleted and cannot be recovered.

File Preservation prevents automatic expiration. When a file is placed under preservation, it is retained indefinitely until the preservation hold is explicitly released by the user.

What is preserved:

• The original file (video, image, or audio)
• All file metadata (upload date, SHA-256 hash, size, etc.)
• Complete access logs (every view, timestamp, IP address, user agent)
• Share tokens and certificates generated for the file

3. Availability

File Preservation is available to:

• Professional subscribers (individuals)
• Enterprise subscribers (organizations)

This feature is NOT available to Essential (Free) subscribers. Files on this tier always use Temporary Access with automatic expiration.

4. When to Use File Preservation

File Preservation should be used when you have a legal obligation to preserve evidence, including:

• Active Litigation: When a lawsuit has been filed and evidence is subject to discovery
• Litigation Hold: When litigation is reasonably anticipated and a preservation notice has been issued
• Regulatory Investigations: When evidence is subject to a government or regulatory inquiry
• Internal Investigations: When evidence is being retained for an ongoing internal review
• Contractual Obligations: When you have a contractual duty to preserve certain evidence

Important: Placing a file under preservation does not replace legal advice. Users should consult their own legal counsel regarding preservation obligations and requirements.

5. How to Enable File Preservation

File Preservation can be enabled from your FileSworn dashboard:

1. Navigate to your dashboard and locate the file you want to preserve
2. Click on the file to open its details view
3. In the file metadata panel, toggle "File Preservation" to ON
4. Provide a reason for preservation (e.g., "Active litigation - Smith v. Jones, Case No. 12345")
5. Confirm the preservation

Once enabled, the file will no longer expire automatically. It will be retained indefinitely until you explicitly release the preservation hold.

6. Preservation Audit Trail

Every preservation action is logged in a complete audit trail:

• Preservation Enabled: Timestamp, user, reason provided
• Preservation Released: Timestamp, user, reason for release
• All File Access Events: Complete chain of custody maintained during preservation

This audit trail is included in FRE 902(13) certificates and can be exported at any time.

7. Releasing File Preservation

When a preservation hold is no longer required (e.g., litigation has concluded, regulatory matter closed), you may release the hold:

1. Navigate to the preserved file in your dashboard
2. In the file metadata panel, toggle "File Preservation" to OFF
3. Provide a reason for releasing the hold (e.g., "Case dismissed - no further preservation required")
4. Confirm the release

Important: Once preservation is released, the file will revert to its original expiration schedule. If the expiration date has already passed, the file may be deleted immediately. Always download or export preserved files before releasing the hold if you need to retain them.

8. Storage Limits and Preservation

Preserved files count toward your subscription's storage limit:

• Professional: 50 GB storage limit
• Enterprise: 500 GB storage limit

If you exceed your storage limit due to preserved files, you will need to either:

• Release preservation holds on files that are no longer subject to legal obligations
• Upgrade to a higher-tier plan (Enterprise if on Professional)
• Export and delete files while retaining access logs and certificates

9. Certificates and Preservation

FRE 902(13) self-authenticating evidence certificates can be generated for preserved files at any time. Certificates include:

• SHA-256 hash (cryptographic fingerprint)
• Complete access log (all views with timestamps, IPs, user agents)
• Preservation status and history
• File metadata (upload date, size, format)

Certificates are retained for 7 years even after the file is deleted or preservation is released. This ensures you can provide court-ready documentation even after evidence is no longer stored on FileSworn.

10. User Responsibilities

Users are responsible for:

• Determining Preservation Obligations: FileSworn does not provide legal advice. You must consult your own legal counsel to determine when preservation is required.
• Enabling Preservation Promptly: Preservation must be enabled before files expire. FileSworn cannot recover expired files.
• Documenting Preservation Reasons: Always provide a clear, specific reason when enabling or releasing preservation holds.
• Maintaining Backups: While FileSworn provides reliable storage and preservation tools, we strongly recommend maintaining your own backups of critical evidence.
• Releasing Holds Appropriately: Do not release preservation holds until you have confirmed with legal counsel that preservation is no longer required.

FileSworn's Role: We provide the technical tools to support preservation. We do not monitor your preservation obligations, notify you of preservation deadlines, or advise you on legal matters.

11. Compliance with FRCP and State Rules

FileSworn's File Preservation feature is designed to support compliance with:

• Federal Rules of Civil Procedure (FRCP) Rule 37(e): Preservation of electronically stored information (ESI)
• State-level preservation rules (varies by jurisdiction)
• Regulatory preservation requirements (SEC, FDA, etc.)

However, FileSworn does not guarantee that use of this feature will satisfy all preservation obligations in all jurisdictions or cases. Legal requirements vary, and users should consult legal counsel.

12. Account Termination and Preservation

If you close your FileSworn account while files are under preservation:

• 30-Day Grace Period: Your account data is retained for 30 days after closure
• Download Window: You have 30 days to download all preserved files, certificates, and access logs
• Permanent Deletion: After 30 days, all files are permanently deleted
• Certificates Retained: Access logs and certificates are retained for 7 years per our data retention policy

Important: If you have active preservation obligations, do not close your account until those obligations are satisfied or until you have exported all evidence to another preservation system.

13. Contact Information

Verifore Technologies LLC
Metairie, Louisiana 70001

For questions about File Preservation, please contact:
anthony@filesworn.com