IMPORTANT: NOT A REPLACEMENT FOR 911. The Covert Alert 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 Covert Alert App has connectivity, Covert Alert 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.
3. LICENSE RESTRICTIONS.
A. Your Mobile Device Only. This license is for a use of the Covert Alert App on a single Mobile Device owned or controlled by you. This license does not allow you to use the Covert Alert App on any Mobile Device that you do not own or control, and you may not distribute or make the Covert Alert App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Covert Alert App.
B. Limitations on Reverse Engineering, Decompilation and Disassembly. Except as expressly permitted by this license, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Covert Alert App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Covert Alert App). Any attempt to do so is a violation of the rights of Covert Alert and its licensors. If you breach this restriction, you may be liable for damages and subject to prosecution.
C. Charges for Upgrades. Covert Alert reserves the right to charge for any upgrades, updated versions, bugs, and fixes. Covert Alert also reserves the right to require payment of periodic or annual fees for use by you of the Covert Alert App. Covert Alert will notify you in the event any such fee is to be imposed by posting the additional fee on the App Store Website.
D. All Sales are Final except as previously set forth in this agreement. Termination of service and/or termination policies listed below. IF A RETURN OR REFUND IS GRANTED FOR ANY TRANSACTION, THE TRANSACTION MAY BE REVERSED, AND YOU MAY NO LONGER BE ABLE TO ACCESS THE CONTENT THAT YOU ACQUIRED THROUGH THAT TRANSACTION.
4. Messaging Service [COVERT ALERT AND ALL INCLUDED COMPONENTS AND FEATURES] Terms and Conditions
The following terms and conditions shall apply for the use of the Covert Alert Messaging Service [including all relates services, components and features, and, if applicable, monitoring], Guard Me 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.
You specifically agree not to use the Covert Alert Messaging Service:
(1) to send content to another person that may be viewed as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, infringing, or racially, ethnically or otherwise objectionable;
(2) to send content that is harmful to minors in any way;
(3) to impersonate any person or entity, including, but not limited to, a Company official, officer, employee, representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(4) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any identity used to transmit message through the Messaging Service to another;
(5) to send content to others that may be deemed as unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(6) to interfere with or disrupt the Messaging Service or servers or networks connected to the Messaging Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Messaging Service;
(7) to intentionally or unintentionally violate any applicable federal, state, local, national or international law;
(8) to stalk or otherwise harass another;
(9) to harvest or otherwise collect or store personal data about other users; or
(10) to play pranks on, falsely report events, harass or otherwise mislead any recipient or third party emergency responder.
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.
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 party(ies) 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. Covert Alert 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 without obtaining 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 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 Covert Alert 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 Covert Alert 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 Covert Alert App, Covert Alert and, if applicable, its third-party monitoring company(ies) reserve the right to charge you their then current fees in connection with such services.
5. INTELLECTUAL PROPERTY OWNERSHIP.
B. Third-Party Claims. In the event any claim is brought against you alleging that the Covert Alert App or your possession and use of the Covert Alert App and Guard Me Command, breaches any third-party's intellectual property rights, your sole remedy is to immediately notify Covert Alert in writing for a refund of the purchase price. Covert Alert shall not be liable for any defense, settlement, or discharge of such claim, except as provided in the preceding sentence. You agree that, in the event Covert Alert notifies you to immediately cease using the Covert Alert App due to a third-party claim of infringement, regulatory or legal requirement or for any other reasonable purpose, you shall do so promptly. Notwithstanding anything to the contrary above, Covert Alert's total liability shall be limited to the fees paid by you.
7. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE COVERT ALERT 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 COVERT ALERT APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE COVERT ALERT APP AND/OR COVERT ALERT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COVERT ALERT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE COVERT ALERT APP AND ANY COVERT ALERT 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 COVERT ALERT APP WILL FUNCTION AS INTENDED, THAT ALL THE FUNCTIONALLY OR ANY FUNCTIONALITY WILL BE OPERATIONAL AT ALL TIMES. COVERT ALERT DISCLAIMS ANY LIABILITY FOR SYSTEM DOWNTIME, OPERATIONAL ERRORS, LOSS OF DATA, DELIVERY ERRORS, TRANSMISSION LOSSES, OR LACK OF SERVICE. COVERT ALERT ACCEPTS NO LIABILITY OF ANY KIND FOR THE CONSEQUENCES OF USING THE COVERT ALERT APP, THE FAILURE OF THE DELIVERY OF DATA TO CONTACTS YOU HAVE ENTERED IN YOUR PROFILE, OR THE FAILURE OF THE COVERT ALERT APP TO PRODUCE ANY INTENDED BENEFITS.
COVERT ALERT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERT ALERT APP, THAT THE FUNCTIONS CONTAINED IN THE COVERT ALERT APP OR THE COVERT ALERT SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERT ALERT APP OR COVERT ALERT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERT ALERT APP OR COVERT ALERT SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERT ALERT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IF THE COVERT ALERT APP OR COVERT ALERT 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.
9. LIMITATIONS OF LIABILITY.
A. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COVERT ALERT, ITS AFFILIATES AND/OR ITS THIRD-PARTY MONITORING COMPANY(IES) BE LIABLE FOR PERSONAL INJURY, DEATH, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE COVERT ALERT APP, THE COMPANY'S SERVERS, ANY ASPECT OF THE COVERT ALERT APP SOFTWARE OR THE MESSAGING SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE COMPANY'S MESSAGING SERVICE, IN EACH CASE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COVERT ALERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
B. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT STORED ON OR RETRIEVED FROM YOUR MOBILE DEVICE AND THAT IT IS YOUR SOLE RESPONSIBILITY TO KEEP THE INFORMATION IN THE COVERT ALERT APP UP TO DATE, ACCURATE, AND COMPLETE. COVERT ALERT WILL NOT BE HELD LIABLE FOR YOUR FAILURE TO MAKE CHANGES IN CONTACT INFORMATION.
C. YOU HEREBY WAIVE ANY AND ALL CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE COVERT ALERT APP AND ITS USE.
12. EQUIPMENT. You must provide the Mobile Device and wireless connections that you will need to use the Covert Alert App at your own expense. Covert Alert does not guarantee that the Covert Alert App can be accessed through or will be compatible with all Mobile Devices or wireless service plans. Covert Alert does not guarantee that the Covert Alert App is available in all geographic locations. You acknowledge that when you use the Covert Alert App, your wireless carrier may charge you standard fees for data, messaging, and other wireless access. Check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THE COVERT ALERT APP THROUGH YOUR MOBILE DEVICE.
13. LEGAL COMPLIANCE; EXPORT ADMINISTRATION; GOVERNMENT USERS.
B. Export Controls. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Covert Alert App and its use.
14. PRODUCT QUESTIONS, COMMENTS, CLAIMS, AND CONTACT INFORMATION. If you have any comments or questions, please send questions to Covert Alert at: CovertAlert@gmail.com
If you have any questions about your mobile device or your cellular or data service, please contact the applicable third party.