END USER LICENCE AGREEMENT
1. The Services
“Seecure” is an on-line and mobile tracking, messaging, and social media personal security application that allows you to share your position and communicate with friends, and family, and in the case of an emergency, activate an alarm. “Seecure Workplace” is an application that allows a business, through a dashboard (the “DashBoard,” ) to customize the Seecure functionality for its own workplace and to implement additional network connected systems, such as gateways and relays, to activate physical equipment when an alarm is activated within a geofenced area. Seecure and Seecure Workplace are each sometimes referred to as an “Application” and, together as the “Applications.” The Applications are powered by our proprietary software (the “Seecure Software”), which includes (i) software and applications designed for mobile devices used in both Applications (the “Seecure Mobile Software”), and (ii) for Seecure Workplace, software and applications that allow a user to customize Seecure for use on its own workplace premises in Seecure Workplace, through a dashboard (the “Dashboard Software”). The “Applications” may also include one or more alarm activation devices enabled by Bluetooth or other technology (each, an “Alarm Activation Device”), that is intended for use with your mobile device. The Applications are owned by Allone AB, a Swedish company (referred to as the “Company”, “our” or “we”) and offered through the website www.getseecure.com. The Applications may also be offered to you through the security monitoring services provider identified in your Profile (your “Dealer”) under the Seecure brand, or under your provider’s own theme brand (“Dealer Theme Brand”). If you are a Seecure Workplace user, you may download Seecure using a link provided by the person who administrates Seecure Workplace for your organization (the “Workplace Administrator”). The Applications are developed and owned solely by the Company. The Dealer is not responsible for the functionality or operation of any Application, whether offered under the Seecure brand or the Dealer Theme Brand.
We also offer additional services on a subscription basis directly or through collaboration with third parties, including, without limitation, alarm monitoring services and notification to appropriate authorities (“Appropriate Authorities”) selected by you in your Profile (defined below), such as police, fire units, and ambulance (“Value Added Services”). If you download Seecure through a link provided by your Workplace Administrator, or otherwise use Seecure in connection with Seecure Workplace, you are referred to as a “Seecure Workplace User”. The “Appropriate Authorities” at a Seecure Workplace User’s workplace premises defined by the Workplace Administrator in the Dashboard (your “Premises”) will be those persons specified by the Workplace Administrator on the Dashboard. When you are not on the Premises, the Appropriate Authorities will be those third parties selected by you in your Profile.
(Together, the Applications and Value Added Services are referred to as the “Services”).
2. No Warranty
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, THAT EXTEND BEYOND THE EXPRESS TERMS OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE AND ACCEPT PARAGRAPH 19 HEREOF.
3. Account and Password
When you set up your account, you will be prompted to provide information about yourself, such as your name, age, contact information, demographic information, and personal emergency instructions (including Appropriate Authorities, Emergency Contacts and other Users) (your “Profile”).
You will access your account using a password that you create. You are responsible for keeping your account name and password confidential. You are responsible for any account that you have access to, whether or not you authorized the use. You will notify us immediately of any unauthorized use of your accounts. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only reset your password.
You can modify your account information, update or amend your Profile, or change your password at any time by logging on to your account. If you have any questions about reviewing or modifying your account information, you can contact us at email@example.com.
4. Restricted Activities
You agree not to engage in any of the following prohibited activities: (i) intentionally or negligently sending excessive or unnecessary signals when there is no emergency situation; (ii) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non- automated “scraping”; (iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access a Service in a manner that sends more request messages to the Company servers or those of your Dealer, the Central Station Operator or the Appropriate Authorities, than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running a Service; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or the infrastructure of your Dealer, the Central Station Operator, or the Appropriate Authorities; (vii) uploading invalid data, viruses, worms, or other software agents through the Services; (viii) collecting or harvesting any personally identifiable information, including account names, from the Services; (ix) using the Services for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xi) interfering with the proper working of the Services; (xii) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xiii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. If you are a Seecure Workplace User, you agree that you will not take any action, or fail to take any action, in violation of the Dashboard Rules.
5. License to Use Seecure and Seecure Mobile Software
Subject to the terms and conditions of this Agreement, you are hereby granted a non- exclusive, limited, non-transferable, freely revocable license to use the Seecure Application, the Value Added Services and the Seecure Mobile Software that is incorporated in the Service you have subscribed for your personal, noncommercial use only and as permitted by the features of the Seecure Application and the Value Added Services. Company reserves all rights not expressly granted herein in Seecure, the Value Added Services, the Seecure Mobile Software and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason by contacting us at firstname.lastname@example.org.
6. Service Availability and Our Right to Terminate
We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to users of the Services (“Users”) generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are responsible for all the mobile data usage resulting from the use of Services. Consult your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Neither Company nor your Dealer nor the Central Station Operator shall have any liability for your interactions with other Users, or for any User’s action or inaction.
7. User Content
Some areas of the Services allow Users to post content such as profile information, comments, questions, and other content or information (any such content a User submits, posts, displays, creates, or affirmatively chooses to make available on a Service is “User Content”). User Content does not include information about your phone or device. We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through a Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Company has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Services. You agree not to post or transmit User Content that: (i) may result in unnecessary, excessive or unauthorized alarms being transmitted; (ii) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (iii) may create a risk of any other loss or damage to any person or property; (iv) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (v) may constitute or contribute to a crime or tort; (vi) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (xi) contains any information or content that you know is not correct and current; (x) violates any school or other applicable policy, including those related to cheating or ethics; (xi) interferes with other Users of a Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; (xii) except where expressly permitted, post or transmit charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of a Service that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us. You may not copy or use personal identifying or business contact information about other Users without their permission. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent and warrant the following:
A.You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by a Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
B.Your User Content and Company’s use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Neither Company, your Dealer or the Central Station Operator takes any responsibility or assumes any liability for any User Content that you or any other User or third party posts or sends over a Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that neither Company, your Dealer, or the Central Station Operator shall not be liable for any damages you allege to incur as a result of User Content.
8. Seecure Mobile Software
A. Seecure Mobile Software and App Application Device.
As part of the Services, we make available Seecure and Seecure Mobile Software. To use the Seecure Mobile Software you must have a mobile device that is compatible with the Seecure Mobile Software. You may also subscribe for or be issued a separate Alarm Activation Device for use with the Seecure Mobile Software. Company does not warrant that the Seecure Mobile Software or the Alarm Activation Device will be compatible with your mobile device. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Seecure Mobile Software for one Single Account owned or leased solely by you, for your personal use or, in the case of a Family Account, for the use of the Users residing at the same address and who are registered as Users on the Profile. You may not: (i) modify, disassemble, decompile or reverse engineer the Seecure Mobile Software or the Alarm Activation Device, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Seecure Mobile Software or the Alarm Activation Device to any third party or use the Seecure Mobile Software or the Alarm Activation Device to provide time sharing or similar services for any third party; (iii)make any copies of the Seecure Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Seecure Mobile Software or the Alarm Activation Device, features that prevent or restrict use or copying of any content accessible through the Seecure Mobile Software or the Alarm Activation Device, or features that enforce limitations on use of the Seecure Mobile Software or the Alarm Activation Device; or (v) delete the copyright and other proprietary rights notices on the Seecure Mobile Software or the Alarm Activation Device. You acknowledge that Company may from time to time issue upgraded versions of the Seecure Mobile Software and Alarm Activation Devices, and may automatically electronically upgrade the version of the Seecure Mobile Software that you are using on your mobile device and the Alarm Activation Devices you are using with your mobile device. You consent to such automatic upgrading on your mobile device and Alarm Activation Devices, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
B. Mobile Software from iTunes
The following applies to any mobile software you acquire from the iTunes Store (“iTunes- Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes- Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes- Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
9. Seecure Workplace Users
f you are a Workplace User, you acknowledge that when you enter your organization’s Premises, Seecure Workplace’s geofencing functionality can track your location and, unless you have opted out of the tracking functionality on your mobile device, your location inside the geofencing area may be visible to persons selected by the Administrator and identified in the Dashboard. When you enter the Premises, you will be notified that you are entering the geofencing area, and when you leave the Premises, you will be notified that you are leaving the geofencing area. You hereby consent to the collection and sharing of your location information as contemplated by Seecure, Seecure Workplace, and the Dashboard Rules, and you allow the Applications to access and collect and share such information.
If you are a Seecure Workplace User, you further acknowledge that the Workplace Administrator will configure Seecure through the Dashboard to address the needs of your organization. The Company will have no involvement in, and has given no advice about, your organization’s configuration of the Dashboard, including, without limitation, decisions that an Administrator makes in connection with defining the perimeter of the Premises, the selection of the individuals or the number of individuals who have will have access to your location information or access to Seecure alarm activation, the use and/or restrictions on use of your information by any such persons, the type of alarm notification and the persons receiving such notification, the selection of Appropriate Authorities who are to receive alarm notifications, the actions to be taken by the Appropriate Authorities, or any failure of any person to respond to notifications or to comply with the Dashboard Rules or other instructions relating to Seecure Workplace, and neither the Company, any Dealer, or the Central Station Operator shall have any liability whatsoever for any loss, injury, damage, or claim arising out of or related in any way to your use of Seecure Workplace.
10. Alarm Monitoring and Notification Services
If you have subscribed the Valued Added Services for the alarm monitoring and notification services, you acknowledge that such services are provided by a third party contractor of the Company that is identified in your subscription (the “Central Station Operator”) on the premises of a central station (the “Central Station”). You acknowledge that neither the Company, the Central Station Operator nor your Dealer has any responsibility for the transmission of signals to the Central Station Operator’s receiving equipment.
The Central Station monitoring service consists solely of the calling by telephone of third party professional agencies or the telephone number supplied by you in your Profile upon receipt of signals transmitted from a User’s telecommunications device from the User’s location.The Central Station Operator shall telephone Appropriate Authorities within a reasonable amount of time under the circumstances, at the Central Station, and based on the priority of the listed code received from you, but no more than once every fifteen (15) minutes for no more than one (1) hour upon receipt of recurring Listed Codes without any liability of Company or the Central Station Operator for (i) false alarm fines, (ii) failure to telephone Appropriate Authorities at lesser intervals, or (iii) failure to telephone Appropriate Authorities at all after receiving advice of dispatch from said agencies. Unless you, or others as directed in writing by you in your Profile, are notified of the receipt of a Listed Code(s) or voice communication upon initial receipt by the Central Station Operator, the Central Station Operator shall telephone you, or others as directed in writing by you in your Profile, no more than once every hour for no more than three (3) hours, without any liability of Company or the Central Station Operator for failure to telephone you, or others, at lesser intervals or for a greater period of time.
Notwithstanding anything contained herein to the contrary, upon receipt of a Listed Code and prior to telephoning any other person or entity, Company may, in its sole and absolute discretion, contact or attempt to contact you to confirm the necessity to report the receipt of a Listed Code to any other person.
The Central Operator’s efforts to notify Proper Authorities shall be satisfied by advice by telephone to any person answering the telephone at the telephone number(s) provided to the Company in your Profile or by leaving a message with a telephone answering service or any mechanical, electrical, electronic or other technology permitting the recording of voice or data communications.
It is your sole responsibility (i) to confirm that your mobile device is compatible with the Applications and the Alarm Activation Device, and (ii) to test the equipment frequently and whenever changes are made to your telephone service. Message and data rates may apply to your use of the Services and, depending on your mobile device plan or mobile carrier or provider, you may incur additional message or data charges by using the Services. Neither the Company, the Central Station Operator nor your Dealer is responsible for your use of mobile services or related charges you may incur.
YOU AGREE AND UNDERSTAND; THAT NEITHER COMPANY, THE CENTRAL STATION OPERATOR NOR YOUR DEALER IS AN INSURER AND THAT YOU ARE RESPONSIBLE FOR OBTAINING INSURANCE COVERING PERSONAL INJURY, INCLUDING DEATH, TO A USER, AND DAMAGE TO, OR LOSS OF, REAL OR PERSONAL PROPERTY; THAT NEITHER COMPANY, THE CENTRAL STATION COMPANY NOR YOUR DEALER MAKES ANY GUARANTEE, REPRESENTATION OR WARRANTY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; THAT THE CENTRAL STATION EQUIPMENT AND SERVICES AND THE APPLICATIONS ARE DESIGNED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS OF LOSS, AND THAT THE AMOUNTS BEING CHARGED BY THE COMPANY, THE CENTRALSTATION OPERATOR AND YOUR DEALER ARE NOT SUFFICIENT TO WARRANT OR GUARANTEE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR INCREASED LOSS OR DAMAGE WILL NOT OCCUR; THAT NEITHER COMPANY, THE CENTRAL STATION OPERATOR NOR YOUR DEALER IS LIABLE FOR ANY LOSS OR DAMAGE THAT MAY OCCUR PRIOR TO, OR CONTEMPORANEOUSLY WITH, OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT EVEN IF DUE TO THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF COMPANY, THE CENTRAL STATION OPERATOR OR YOUR DEALER, OR ANY OF THEIR RESPECTIVE AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS, LICENSEES OR SUBCONTRACTORS, OR TO THE IMPROPER PERFORMANCE OF AND/OR FAILURE TO PERFORM OF THE CENTRAL STATION EQUIPMENT OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, OR BY LOSS OR DAMAGE TO ANY CENTRAL STATION; THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF THE COMPANY, THE CENTRAL STATION OPERATOR OR YOUR DEALER, OR PERSONAL INJURY AND/OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS IN CONNECTION WITH, ARISES OUT OF OR FROM, OR RESULTS FROM THE MONITORING OF ANY CENTRAL STATION EQUIPMENT, AND/OR THE DISPATCH OF INDIVIDUALS TO A USER’S LOCATION, AND/OR THE FAILURE OR FAULTY OPERATION OF THE CENTRAL STATION EQUIPMENT, OR CENTRAL STATION FACILITIES, AND/OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) OF COMPANY, YOUR DEALER, AND/OR THEIR RESPECTIVE AGENTS, SERVANTS, EMPLOYEES, SUPPLIERS OR SUBCONTRACTORS INCLUDING, WITHOUT LIMITATION, ACTS, ERRORS OR OMISSIONS THAT OCCUR PRIOR TO OR CONTEMPORANEOUSLY WITH, OR SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, AND/OR ANY CLAIM(S) BROUGHT IN PRODUCT OR STRICT LIABILITY, AND/OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, AND/OR BREACH OF CONTRACT, EXPRESS OR IMPLIED, AND/OR ANY CLAIM FOR CONTRIBUTION OR INDEMNIFICATION, WHETHER IN CONTRACT, TORT OR EQUITY, INCLUDING, WITHOUT LIMITATION, ANY GENERAL DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF CAUSE, SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM SUM OF $250.00, AND THIS LIABILITY SHALL BE EXCLUSIVE.
IN THE EVENT THAT YOU WISH TO INCREASE THE MAXIMUM AMOUNT OF SUCH LIMITED LIABILITY, YOU MAY OBTAIN FROM COMPANY A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT FOR THE INCREASE IN SUCH LIMIT OF LIABILITY, BUT THIS HIGHER LIMITATION SHALL IN NO WAY BE INTERPRETED TO HOLD COMPANY, THE CENTRAL STATION OPERATOR OR YOUR DEALER AS AN INSURER.
You agree to indemnify, defend and hold harmless Company, the Central Station Operator and your Dealer from and against all claims, demands, liabilities, damages, losses, expenses, including attorneys’ fees and lawsuits that may be asserted against or incurred by Company, the Central Station Operator or your Dealer, as the case may be, by or due to any person not a party to this Agreement, including your insurance or bonding company, for any expense, loss or damage including, but not limited to, statutory civil damages, personal injury, death and/or property damage, real or personal, arising out of the design, sale, lease, installation, repair, service dispatch, maintenance, monitoring, recording of communications, operation or non-operation of the Central Station equipment, the Applications or Central Station facilities, whether due to the sole, joint or several negligence (including gross negligence) of Company, the Central Station Operator or your Dealer or any of their respective agents, servants, employees, suppliers, or subcontractors, breach of contract, express or implied, breach of warranty, express or implied, product or strict liability, and/or any claim for contribution or indemnification, whether in contract, tort or equity.
11. Our Proprietary Rights
Except for your User Content, the Services and all materials and information therein or transferred thereby, including, without limitation, information about your phone or device, or data that is otherwise generated, collected or transmitted through use of the Services or Seecure Mobile Software, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to Seecure). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
12. Location Information Features.
The Services are designed to collect and share location information about you and other individuals who use the Services. These features require the corresponding Seecure Mobile Software to be installed on the device for which location data will be provided. The features may not work if the corresponding settings to allow the collection and sharing of information and location information are not enabled. In addition, the features may not work for a variety of reasons, such as if the device that the Seecure Mobile Software is installed on is not powered on and connected to the wireless service provider’s network (e.g., it will not work if the phone is connected to a wi-fi network), if location services are turned off, if the Services are not being used or is blocked on the device, etc. The features are not 100% accurate in identifying and tracking the location of any User, even if the mobile device is activated and a wireless network is operational.
If you use features designed to collect and share location information, the Services will periodically access and collect information about your device and location (such information will be Company Content under this Agreement). By using the features designed to collect and share information, you represent and warrant that you have consented, and do hereby consent, to use the Services and to allow them to access and collect such information. If you have subscribed to Value Added Services for alarm monitoring services, you agree to permit the Company to monitor your position and share such information with our third party monitoring partners, and for them to share them with the emergency contacts you have identified in your Profile (“Emergency Contacts”), including Appropriate Authorities that you have specified in your Profile. If you are a Seecure Workplace User, you agree to permit your Administrator to monitor your position and share such information with the persons selected to receive such information who are identified on the Dashboard, including the Appropriate Authorities for the Premises.
13. Additional Terms, Policies and Information About the Services
A. Geographic Coverage
The Services are designed for residents of the United States and Canada, and are subject to the Central Station Operator’s network coverage area and required licenses. Some features of the Services may not work in areas outside the wireless service coverage area for the phone that the Seecure Mobile Software is installed on.
B. Billing Policies
If you subscribe to any Service, you agree to the pricing and payment terms provided to you through the Service. Company may add Value Added Services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
C. Pricing and Payment Terms for Seecure and Value Added Services
i. Subscription through Seecure Application.
If you subscribe through the Seecure Application, all services are payable in advance. By providing a credit card number or other payment method with advance authorization features (e.g. some PayPal accounts, or in-app payments), you authorize Company to continue charging the payment method for all charges due Company until your account is settled and your subscription is terminated by either you or Company. Company accepts credit and debit cards issued through VISA, MasterCard, American Express, Discover and Company approved payment methods with advance authorization features.
ii. Subscription Through Your Dealer.
If you subscribe through your existing security monitoring services provider, such as a provider of residential alarm systems, your provider will include the subscription fees for Seecure and the Value Added Services on your regular monthly invoice. Your Dealer may make the Applications available under the Seecure brand, or under its own Dealer Theme Brand. The Applications are developed and owned solely by the Company. The Dealer is not responsible for the functionality or operation of the Applications.
iii. Pricing Changes
Prices for Services may change from time to time, in Company’s sole discretion. Company will provide you with notice of the price change through the Service, at least 30 days before the change is to take effect. Your continued use of Seecure and the Value Added Services after price changes become effective constitutes your agreement to pay the changed amount. If you do not agree to the new prices please follow the instructions in the “Closing Your Account” section below. You (and not Company, your Dealer or the Central Station Operator) are responsible for any charges or fees payable to third parties in connection with your use of Seecure and the Value Added Services, such as ambulances and other emergency responders.
D. No Refunds.
You may cancel your account at any time; however, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of a Service, any content or data associated with your account, or for anything else. Upon cancelling any Service, your subscription will be valid until your paid period is completed.
“E. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with a Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
14. Closing Your Account
You may cancel your Seecure and Value Added Services subscription at any time. To cancel your Seecure subscription, please contact us at email@example.com. Please contact your Dealer to cancel your Value Added Services.
15. No Professional Advice
If a Service provides professional information (e.g. medical or legal), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in a Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Company, your Dealer, and each of their respective subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any User Content or other information that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code or the Alarm Activation Device issued to you, if any.
19. No Warranty
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, THE DEALER, OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS AND SUBCONTRACTORS DO NOT WARRANT THAT: (I) THE SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICES (E.G., DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE, ETC.) WILL BE ACCURATE, RELIABLE, ERROR-FREE OR CORRECT; (II) THE SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (V) THE SERVICES ARE COMPATIBLE WITH YOUR COMPUTER SYSTEM OR MOBILE DEVICES; OR (VI) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Some states do not allow for the disclaimer of certain warranties, so the disclaimers above may not apply to you.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, SUB-CONTRACTORS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICES (E.G., DATA, INFORMATION, LOCATION, EMERGENCY ASSISTANCE, ETC.); (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY FAILURE OF THE ALARM ACTIVATION DEVICE TO ACTIVATE THE SEECURE SOFTWARE, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM YOUR DEVICE OR TO OR FROM THE CENTRAL STATION; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (IX) ANY ACTION OR INACTION OF THIRD PARTIES. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, SUB-CONTRACTORS OR LICENSORS BE LIABLE TO YOU OR ANY USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY OR YOUR DEALER HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
21. Governing Law and Arbitration
A. Governing Law
You agree that: (i) the Services shall be deemed solely based in New York; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. In the unlikely event that Company has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Company claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in New York, New York, unless you and Company agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to protect any of Company’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement
Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update this Agreement from time to time, and you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of a Service after any such change constitutes your acceptance of the new Agreement terms. If you do not agree to any of these terms or any future Agreement terms, do not use or access (or continue to access) the Service.
C. Entire Agreement/Severability
D. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
This Agreement was last modified on June 18, 2019.