Terms of Service Agreement
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR PLATFORM AND/OR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS OF SERVICE BEFORE PROCEEDING TO USE OUR PLATFORM AND/OR SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS OF SERVICE, OR TO MODIFICATIONS THAT THE COMPANY MAY MAKE TO THIS AGREEMENT FROM TIME TO TIME AT ITS SOLE DISCRETION, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE PLATFORM. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/20.
We provide our users with on-demand, preventative security, wherein a user can request the presence and experience of a security professional to respond to suspicious behavior and help deter crime at the address associated with the user’s account, as well as other products and services that may be developed from time to time (“Services” or “Company Services”). Users can request Services, as needed, by using our Platform (each request for Services is a “Transaction”), and a security professional accepts and responds to the Transaction, rendering Company Services to the user. Each Transaction is billed before Services are provided. Certain Services, products, and/or features may only be available with a Premium Membership, which is billed monthly. The Services do not include responding to violent crimes, potentially violent situations, or other crimes or situations that should be the responsibility of law enforcement. In order to properly utilize the Services it is your responsibility to use the Platform and request Services before a crime occurs and/or a situation escalates.
NOT LAW ENFORCEMENT
Company and its Services are not intended to be a substitute for law enforcement. The Company, its subsidiaries, employees, and affiliates are not law enforcement, are in no way affiliated with state or federal law enforcement agencies, and thus have no law enforcement authority, power, or capabilities. As such, the Company’s authority is limited; for example, and without limitation, Company employees cannot issue tickets or citations or make formal arrests. However, the Company and/or the provided security professional may escalate a Transaction to law enforcement authorities if they deem such an escalation necessary, and has the right to provide the law enforcement authorities with any and all User Information provided by you, as well as other relevant information and details of which they have knowledge or to which they have access.
At its discretion, Company may offer additional Platforms, Services, and/or products, or update, modify, or revise any current content and/or Services, and this Agreement shall apply to any and all current and future all Platforms, Services, and/or products, including those that are updated, modified, or revised, unless specifically stated otherwise, in writing, by Company. You, as the end user, acknowledge, accept, and agree that Company shall not be held liable for any such updates, modifications, or revisions. Your continued access to or use of the Platform and/or Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications.
Company hereby reserves the right, at any time it may deem fit, to cancel, discontinue, cease offering, and/or suspend, whether temporarily or permanently, our Platforms, Services, and/or products, or any part thereof, with or without prior notice. User agrees that Company shall not be held liable to User or to any third party for any such cancellation, discontinuance, and/or suspension of our Platforms, Services and/or products, or any part thereof. Your continued access to or use of the Platform and/or Services provided, after any such cancellation, discontinuance, and/or suspension of our Platforms, Services and/or products, or any part thereof, shall constitute your acceptance of such cancellation, discontinuance, and/or suspension.
Company may, at its sole discretion, update, modify, or revise the terms of this Agreement. Your continued access to or use of the Platform and/or Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, modifications and/or revisions. As such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using our Platform, applications, and services forthwith.
The Platform allows you to submit, transfer, or otherwise make available content and materials, including without limitation, text, writings, video, audio, photographs, comments, personally identifiable information or other material (collectively “User Information”) to Company and/or to its subsidiaries, affiliates, or employees as applicable for the purpose of the performance of the Company Services. You are primarily responsible for all User Information that you have submitted, transferred, or otherwise made available to Company, or that relates to any activity you have undertaken using the Company
Services. You agree that the Company shall have no obligation to maintain and/or store such data and thus shall have no liability therefor. Any User Information you transmit to the Company will be treated as non-confidential and non- proprietary. When you make any such submission of User Information, you thereby represent and warrant that: the User Information is true, accurate, and complete to the best of your knowledge; you will update the User Information as new information becomes available and until the matter is resolved by the Company; the User Information is submitted solely for the purpose of properly utilizing the Services as set forth herein; the User Information is not submitted for the purpose of harassing or disturbing persons or businesses or for any purpose that would violate applicable laws, rules, or regulations. At the Company’s sole discretion, any User Information may be provided to applicable law enforcement agencies.
In order to request Services you must create an Account to access and utilize the Platform. By doing so you represent and warrant that:
- All information you submit in the registration process is true, accurate, and complete;
- You will maintain the accuracy of such information and keep it current;
- You will keep your password confidential and will be responsible for all use of your password and account;
- You are not a minor in the jurisdiction in which you reside;
- You will not allow a minor to use your Account;
- Your use of the Company Services does not violate any applicable laws or regulations;
- If the account is being created on behalf of an entity, company, or corporation, that you have the authority to enter into this Agreement and to act on behalf of said entity, company, or corporation;
- You will not access the Platform for any other purpose than that for which Company makes it available;
- You will only provide accurate and true information for the utilization of the Company Services;
- When utilizing Company Services, you will provide details and information within the Platform for the responding security professional;
- You will communicate with and update the responding security professional in real-time as the situation progresses, including the sending of User Information for documenting the situation;
- You will work with the responding security professional in good faith;
- You will only request Services for non-violent situations where law enforcement authority is not requisite;
- You will establish protocol of when and why to request Services;
- You will not escalate a situation to violence;
- You will not needlessly endanger the responding security professional or others by using the Services improperly.
THIRD-PARTY RIGHTS AND BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided herein, that there are and shall be no third-party beneficiaries to this Agreement, and in no event shall the Agreement or provision of Services create any third-party beneficiary rights. Furthermore, the rights and obligations set forth herein, and any agreement to any variation, waiver, or settlement based on this Agreement, are not subject to the consent of any other person, business, or entity.
APPLE AND ANDROID DEVICES
PURCHASES AND PAYMENT
Company bills you through an online billing account for each Transaction, including purchases of products and/or Services. In order to receive Services, you must provide us with one or more current, valid accepted methods of payment (“Payment Methods”), as may be updated from time to time and which may include payment through your account with a third party. You agree to pay Company all charges at the prices then in effect for the products and/or Services you or other persons using your account may purchase, and you authorize the Company to charge your chosen Payment Method for any such purchases. Failure to provide a current Payment Method or to pay for services may result in the refusal of Services.
If you have ordered a product or service that is subject to recurring charges then you consent to our charging your Payment Method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service pursuant to the terms of your contract with the Company.
Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by the Company. Company may change prices at any time and without notice. All payments shall be in U.S. dollars.
By using the Platform and Company Services, Company grants you a revocable, non-exclusive, non- transferrable, limited right to use the Platform and to install and use the application, software, or other platforms on devices owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms of this license. You shall not: (a) replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason any part, use of, or access Company’s Platforms or Company Services (b) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (c) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (d) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (e) remove, alter, or obscure any proprietary notice, including ay notice of copyright or trademark, of Company or its affiliates, partners, suppliers, or the licensors of the application; (f) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (g) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories, or devices for use with the application. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company.
Any comments, suggestions, ideas, proposals, feedback, or suggestions (“Contributions”) you provide, submit, or send to Company about the Platform or the Company Services shall automatically become the sole property of Company, and Company shall be entitled to the unrestricted use, modification, and dissemination of these Contributions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
By providing, submitting, or sending your Contributions to the Company, you acknowledge and agree that your Contributions do not contain any type of confidential or proprietary information. Furthermore, Company shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, relate to any Contributions.
The Platform and its content (“Company Content”) contain proprietary and confidential material that is protected by applicable intellectual property rights, copyrights, trademarks, patents, or other proprietary rights and laws. Company Content includes, without limitation, all source code, scripts, databases, functionality, software, Platform designs, audio, video, text, photographs, and graphics. Therefore, except for that which is expressly permitted by applicable law or as expressly authorized by Company in writing, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Company’s Services, Platform, or content, in whole or in part.
The trademarks, service marks and logos (“Marks”) used on the Platform are owned by or licensed to the Company, and are subject to copyright and other intellectual property and proprietary rights and laws. All Company graphics, logos, designs, page headers, button icons, and service names are registered trademarks, common law trademarks, or trade dress of Company and may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
The User acknowledges and agrees that the Services provided and made available through our Platform and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of the Company.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Platform, receive our Services, or are otherwise a user or member of the Platform, as applicable. Any provision of this Agreement that, in order to fulfill the purposes of such provisions, needs to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes. Without limiting any other provision of this Agreement, Company reserves the right to, in Company’s sole discretion and without notice or liability, deny access to and use of the Platform and the Company Services, to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation, and Company may terminate your use of or access to the Platform and the Company Services at any time, without warning, in Company’s sole discretion.
If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, or partners (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third- Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction.
YOU AGREE THAT YOUR USE OF THE PLATFORM AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS EMPLOYEES, AGENTS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PLATFORM AND/OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM OR COMPANY SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; AND/OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE OF THE PLATFORM, COMPANY SERVICES, OR USER INFORMATION. Company makes no representation that the Platform or Services are appropriate or available in locations other than where Services are offered by Company. The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction. Accordingly, those persons who choose to access the Platform from other locations do so of their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
LIMITATIONS OF LIABILITY
OUR PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO GUARANTEES THAT THEY WILL ALWAYS BE SAFE, EFFECTIVE, SECURE, TIMELY, ACCURATE, OR ERROR FREE, THAT THEY WILL ACHIEVE A SPECIFIC RESULT, STOP OR DETER CRIME, THAT THEY WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS, OR THAT A SECURITY PROFESSIONAL WILL BE AVAILABLE OR WILL ACCEPT YOUR TRANSACTION. OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, PROPERTY DAMAGE, PHYSICAL INJURY, DEATH, EMOTIONAL HARM, OR OTHER DAMAGES ARISING FROM, OUT OF, OR RELATED TO THIS AGREEMENT OR THE USE OF THE PLATFORM OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SPECIFIC TRANSACTION IN QUESTION WHERE COMPANY SERVICES WERE RENDERED OR $100, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold Company, its subsidiaries and affiliates, and their respective officers, agents, partners, employees, and licensors harmless from and against any loss, damage, liability, claim, judgment, or demand, including reasonable attorneys’ fees and expenses, which may arise from your breach of this Agreement and/or any breach of your representations and warranties set forth herein, any User Information you, or any individual or entity using your Account, may submit to Company as provided herein, Company Services provided based on or in connection with that User Information, your request for Services, the rendering of Company Services, the failure to render Services as set forth herein, or any incidents, damages, or harm relating thereto or stemming therefrom, including without limitation, indemnification of the Company as set forth herein on behalf of your employees, customers, clients, lessees, renters, residents, invitees, or any other person on or about the premises where Services were requested and/or rendered. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims.
In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than one year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Company may furnish you with notices via email, regular mail, MMS or SMS, text messaging, postings on our Platform, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of this Agreement by accessing our Services in an unauthorized manner or failing to maintain accurate information as set forth herein. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner. Except as explicitly stated otherwise, any notices given to Company shall be given by email or by certified mail, postage prepaid, to the address listed in the contact information below.
Your use of the Platform and/or Company Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into relating to the Company Services including all notices as set forth herein.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Platform and Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of the remaining provisions, and the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement to remain in full force and effect. There is no joint venture, partnership, employment, or agency relationship created between you and Company as a result of this Agreement or use of the Platform and/or Company Services. Upon Company’s request, you will furnish Company with any documentation, substantiation, or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted it or any parts incorporated herein by reference. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto in order to execute this Agreement.
In order to receive further information or resolve a complaint regarding the Services or Platform, please
contact us at: