IMPORTANT: Before using the Safe T Net App (the “Safe T Net App”) on your smart-device, iPhone or Android and/or the related email, text, website or Safe T Net Command on a web-enabled device, such as a computer or tablet, please read these Terms of Use carefully. Safe T Net, Inc. and its affiliates, including its third-party monitoring company(ies) are collectively referred to as “Safe T Net” or “Company”.
By using the Safe T Net app, Safe T Net command and/or related email, texts and/or web site, you are consenting to be bound by this end-user license agreement (EULA), the terms of use and the privacy policy. If you do not agree to these terms of use or the privacy policy, or use under violation of federal, state or local laws, do not operate the Safe T Net app, Safe T Net command or the related services.
This document provides the Terms of Use for the Safe T Net App, Safe T Net Command and its related messaging and website and services. By using the any piece of Safe T Net or the services in any way, you are agreeing to comply with these Terms of Use. In addition, when using the services, you agree to abide by any applicable federal, state and local laws, posted guidelines or noticed which may change from time to time. Safe T Net may modify these Terms of Use at any time by posting the amended terms. Should you object to any term or condition of these Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with any of the services or Safe T Net functions in any way, your only recourse is to immediately discontinue use of Safe T Net. This agreement defines the terms and conditions that govern your use of Safe T Net products and services.
IMPORTANT: NOT A REPLACEMENT FOR 911.The Safe T Net App and related service are not a replacement for 911. If you are in immediate danger are suffering a medical emergency or are the victim of a crime, CALL 911 and/or the appropriate authorities and do not rely on this service. Even if your mobile device and the Safe T Net App has connectivity, Safe T Net does not guarantee and has no control over whether your messages will be delivered real-time, immediately accessed by or responded to by any recipient or emergency responder.
The following terms and conditions shall apply for the use of the Safe T Net Messaging Service [including all relates services, components and features and if applicable, monitoring], Safe T Net Command and the related web site(s) (“Messaging Service”).
A. NO UNLAWFUL OR HARMFUL USE OF THE MESSAGING SERVICE
You will not use the Messaging Service in any way that is unlawful or harms any person, customer, the Company or any affiliates, as determined in the Company’s sole discretion. The Company may inform you about certain specific harmful uses in notices provided from time to time through the Messaging Service, but has no obligation to do so. You may not use the Messaging Service in any way that breaches any notice applicable to the Messaging Service.
B. YOU ARE RESPONSIBLE FOR CONTENT YOU TRANSMIT AND RECEIVE
You acknowledge that you are aware of and will adhere to all applicable federal, state, local, national or international laws; that your device settings to transmit video, pictures and/or audio do not violate such laws; the content sent to or from your mobile phone or device (“Content”), is the sole responsibility of the person, individual or the organization, from which such Content was transmitted and/or requested. This means that you and not the Company are entirely responsible for all Content that you transmit receive or via the Safe T Net Messaging Service. You understand that all videos, images, locations, movements, messages, texts, files or any other materials posted on, transmitted through, or linked from the Safe T Net Messaging Service are the sole responsibility of the person from whom such Content originated. You understand that the Company retains all related information for a period of at least one year, unless otherwise compelled. You understand that the Company does not control or endorse and is not responsible for Content made available through the Messaging Service and that by using the Messaging Service; you may be exposed to Content that is offensive, indecent, inaccurate, misleading, illegal or otherwise objectionable. Furthermore, the Content available through the Messaging Service may contain links to other websites, which are completely independent of the Company or the Messaging Service. The Company makes no representation or warranty (express or implied) as to the accuracy, completeness or authenticity of the information contained on the Messaging Service. You agree that you must evaluate and bear all risks associated with, the use of any Content, that you may not rely on the Content and that under no circumstances will the Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Messaging Service. You acknowledge that the Company does not pre-screen or approve Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, review, delete or move any Content that is available via the Messaging Service, for violating the letter or spirit of these Terms of Use or for any other reason. Under no circumstances will the Company its affiliates and/or third-party monitoring company(ies) be liable in any way for any Content, including, but not limited to, errors or omissions of any Content, violations of law through the use of the Messenger Service, loss or damage of any kind incurred as a result of the use of any Content made available to you via the Messaging Service.
You specifically agree not to use the Safe T Net Messaging Service:
You agree that the Messaging Service allows for, upon activation, the notification via text messages to and from cell phones and other devices that are listed in your profile, as well as emergency responders (to the extent applicable). You also agree that, from time to time, the Company may notify you through the Messaging Service, to provide you with information regarding or related to the App or the Messaging Service. You understand that the technical processing and transmission of the Messaging Service, including your provided information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You also understand that some or all of the transmissions may not be encrypted or protected.
C. SPAM IS PROHIBITED AND CAUSES DAMAGE
Without limiting the generality of use of the Messaging Service, you will not use the Messaging Service to transmit, either directly or indirectly, any bulk mobile messages or unsolicited commercial mobile messages. A breach of any part of the Federal Anti-Spam Laws is a breach of the Terms of Use and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) Such violations may subject the sender and his or her agents to civil and criminal penalties.
D. DEALINGS WITH RECIPIENTS IS YOUR RESPONSIBILITY
Your communications through the Messaging Service are solely between you and the directed recipient(s). You agree that the Company, its affiliates and/or third-party monitoring company(ies) are not insurers and shall not be responsible or liable for any loss, personal harm, or damage of any sort incurred as the result of any such communications, the delivery or failure thereof, or any response or lack thereof by the recipients or emergency responders. The Messaging Service may provide, or third parties may provide, links to certain service providers, such as emergency responders, campus security, etc., when your mobile device appears within their geographic zone. Because the Company does not have control over all service providers necessary to the Messaging Service and the connectivity between your mobile device and/or the Company servers and the service providers, you acknowledge and agree that the Company is not responsible for the availability of and communications to all such service providers, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials available from all such service providers. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available from or through any such service providers outside of the control of the Company.
E. YOU AGREE TO SUPERVISE THE USE OF THE MESSAGING SERVICE BY YOUR CHILDREN
Safe T Net is concerned about the safety and privacy of all its users, particularly children. Children under the age of eighteen (18) years old are not permitted to use the Messaging Service with permission from their parents or guardians. You warrant that, if you are under the age of eighteen (18) years old, that you have received the permission of your parents or guardians to use the App and the Messaging Service.
F. MANAGEMENT OF AMOUNT OF MESSAGES IS YOUR RESPONSIBILITY
You understand and agree that management of the amount of messages transmitted through the Messaging Service is your own responsibility. The Company may, at its sole discretion, provide a mechanism for opting out of the Messaging Services, such as by removing the phone numbers for all your contacts, including emergency responders, in the profile page of the App (which will prevent them from receiving any text messages in case of activation of the App).
G. YOU MAY BE CHARGED A FEE FOR MESSAGE DELIVERY BY YOUR NETWORK OPERATOR
You understand and acknowledge that your use of the Messaging Service, such as from your mobile device, is subject to any agreements with your network service provider and any fees they may charge, including but not limited to the fees for access or Content delivery.
H. ACCESS FROM OR DELIVERY TO MOBILE NETWORK IS NOT GUARANTEED
You understand and acknowledge that network services, including but not limited to mobile network services are outside of the control and influence of the Company and if applicable, its third-party monitoring company(ies) and that the Company and if applicable, its third-party monitoring company(ies), may not be able to assist in resolution of such problems. You agree that the Company and if applicable, its third-party monitoring company(ies) are not responsible for your use of the service outside of the servers of the Company and if applicable, its third-party monitoring company(ies) and is not responsible or liable for problems arising in the network outside of its/their respective servers. The Company’s sole responsibility is to use commercially reasonable efforts to maintain the servers and the software, if any, for providing Messaging Service and if applicable to your License, to use commercially reasonable efforts to provide commercially reasonable monitoring as part of your Messaging Service.
I. YOUR MESSAGING SERVICE MAY BE LIMITED BY YOUR OPERATOR OR YOUR DEVICE
You agree and accept that your use of the Messaging Service may be limited by your network operator or by the capabilities or capacities of your terminal or mobile device. The SMS messaging services is only available in the United States and only if your mobile plan provides for text messages and the required mobile coverage. You are responsible for checking to see if your mobile plan includes SMS text messaging.
J. MOBILE NETWORK OPERATORS MAY NOT SUPPORT PREPAID USERS
You acknowledge that certain operators of prepaid mobile plans do not support or offer certain mobile network services, such as delivery of messaging and mobile Internet access, to users of their prepaid services. You understand and agree that the Messaging Service and/or the Safe T Net App may not, in whole or in part, be available to you if you have such prepaid service and your mobile network operator does not support required mobile network services required for the Messaging Service.
K. COURT TESTIMONY
In the event that either Safe T Net or, if applicable, its third-party monitoring company(ies) are required to testify in court or in a related deposition in connection with an incident you submit through the Safe T Net App and/or the Messaging Service, Safe T Net and if applicable, its third-party monitoring company(ies) reserve the right to charge you their then current fees in connection with such services.
If you are the recipient of an incident reported by any user of the Safe T Net App and/or the Messaging Service, you are solely responsible for whether and how you review, respond to or otherwise utilize any data received from such user through the Messaging Service. You acknowledge and agree that Safe T Net is not responsible for the timing, accuracy or veracity of any content you receive through the Messaging Service. You may view the content and data in any incident report through the Messaging Service and respond to the applicable user and/or incident. Safe T Net does not grant you any license or right to download, distribute, publish or otherwise utilize the content or data you receive or access through the Messaging Service. If you desire to do anything with the data or content you receive through the Messaging Service other than reasonable viewing by you thereof through the Safe T Net web site in connection with the incident, you are solely responsible for obtaining any necessary rights from the applicable user and any third parties included in the applicable recordings. In any event, you are also subject to all other terms and conditions of these Terms of Use.
You expressly acknowledge and agree that use of the Safe T Net app is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Safe T Net app and any services performed or provided by the Safe T Net app (“Safe T Net services”) and/or Safe T Net are provided “as is” and “as available,” with all faults and without warranty of any kind and Safe T Net hereby disclaims all warranties and conditions with respect to the Safe T Net app and any Safe T Net services, whether express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and of non-infringement of third party rights. You understand and agree that there is no guarantee that the Safe T Net app will function as intended, that all the functionally or any functionality will be operational at all times. Safe T Net disclaims any liability for system downtime, operational errors, loss of data, delivery errors, transmission losses, or lack of service. Safe T Net accepts no liability of any kind for the consequences of using the Safe T Net app, the failure of the delivery of data to contacts you have entered in your profile, or the failure of the Safe T Net app to produce any intended benefits.
Safe T Net does not warrant against interference with your enjoyment of the Safe T Net app, that the functions contained in the Safe T Net app or the Safe T Net services will meet your requirements, that the operation of the Safe T Net app or Safe T Net services will be uninterrupted or error-free, or that defects in the Safe T Net app or Safe T Net services will be corrected. No oral or written information or advice given by Safe T Net or its authorized representatives shall create a warranty. If the Safe T Net app or Safe T Net services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
If you have any questions about your mobile device or your cellular or data service, please contact the applicable third party.
ENTIRE AGREEMENT; SEVERABILITY.
This agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, except that these Terms of Use shall coexist with and shall not supersede, the Privacy Policy and the Apple and Android Terms of Service. To the extent that the provisions of this agreement conflict with the provisions of the Terms of Service, the conflicting provisions in this agreement shall govern. These Terms of Use and the relationship between you and the Company shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware. The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Safe T Net App, the Messaging Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.