Terms & Conditions

End User License Agreement

TERMS OF USE

IMPORTANT: Before using the EmergenSee App (the “EmergenSee App”) on your smart-device, iPhone or Android, and/or the related email, text, website or EmergenSee Command on a web-enabled device, such as a computer or tablet, please read these Terms of Use carefully. EmergenSee, Inc. and its affiliates, including its third-party monitoring company(ies), are collectively referred to as “EmergenSee” or “Company”.

BY USING THE EMERGENSEE APP, EMERGENSEE 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 EMERGENSEE APP, EMERGENSEE COMMAND OR THE RELATED SERVICES.

This document provides the Terms of Use for the EmergenSee App, EmergenSee Command and its related messaging and website and services. By using the any piece of EmergenSee 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. EmergenSee 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 EmergenSee functions in any way, your only recourse is to immediately discontinue use of EmergenSee. This agreement defines the terms and conditions that govern your use of EmergenSee’s products and services.

IMPORTANT: NOT A REPLACEMENT FOR 911. The EmergenSee 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 EmergenSee App has connectivity, EmergenSee 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.

  1. YOUR INFORMATION. When completing the profile section for your EmergenSee App on the EmergenSee System, you will be asked to provide certain person information, including third party contact information. The information you provide on the EmergenSee System is retained by EmergenSee and is governed by our Privacy Policy. EmergenSee DOES NOT sell or provide your data to any third party vendors. Information is used solely by EmergenSee our monitoring partners and first responder agencies (police, fire & EMS) as needed. You are responsible for keeping your Mobile Device safe and secure and out of the reach of others and any information inserted is done at the risk that this information may be viewed on your Mobile Device.
  2. LICENSE GRANT. Subject to the terms and conditions of these Terms of Use, upon payment of all applicable purchase and/or license fees required by EmergenSee, EmergenSee grants you a non-exclusive, non-transferable, non-commercial license, to download, install, and use the EmergenSee App on any appropriate iPhone or Android phone that you own or control (each a “Mobile Device”), solely by you. The terms of this license will govern any upgrade provided by EmergenSee that replaces and/or supplements the original EmergenSee App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
  3. LICENSE RESTRICTIONS.
    1. Your Mobile Device Only. This license is for a use of the EmergenSee App on a single Mobile Device owned or controlled by you. This license does not allow you to use the EmergenSee App on any Mobile Device that you do not own or control, and you may not distribute or make the EmergenSee 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 EmergenSee App.
    2. 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 EmergenSee 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 EmergenSee App). Any attempt to do so is a violation of the rights of EmergenSee and its licensors. If you breach this restriction, you may be liable for damages and subject to prosecution.
    3. Charges for Upgrades. EmergenSee reserves the right to charge for any upgrades, updated versions, bugs, and fixes. EmergenSee also reserves the right to require payment of periodic or annual fees for use by you of the EmergenSee App. EmergenSee will notify you in the event any such fee is to be imposed.
  4. Messaging Service [EMERGENSEE AND ALL INCLUDED COMPONENTS AND FEATURES] Terms and Conditions

The following terms and conditions shall apply for the use of the EmergenSee Messaging Service [including all relates services, components and features, and, if applicable, monitoring], EmergenSee 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 EmergenSee 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 EmergenSee 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 EmergenSee 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.

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

EmergenSee 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 EmergenSee 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 EmergenSee 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 EmergenSee App and/or the Messaging Service, EmergenSee and, if applicable, its third-party monitoring company(ies) reserve the right to charge you their then current fees in connection with such services.

  1. INTELLECTUAL PROPERTY OWNERSHIP.
    1. Intellectual Property of EmergenSee. EmergenSee, including the EmergenSee App and EmergenSee Command, and any authorized copies you make thereof are the intellectual property of EmergenSee. The structure, organization, and code of the EmergenSee App are the valuable trade secrets and confidential information of EmergenSee. The EmergenSee App is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, these Terms of Use does not grant you any intellectual property rights in the EmergenSee App and all rights not expressly granted herein are reserved by EmergenSee. The EmergenSee App is covered by one or more pending patent applications.
    2. Third-Party Claims. In the event any claim is brought against you alleging that the EmergenSee App or your possession and use of the EmergenSee App and EmergenSee Command, breaches any third-party’s intellectual property rights, your sole remedy is to immediately notify EmergenSee in writing for a refund of the purchase price. EmergenSee 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 EmergenSee notifies you to immediately cease using the EmergenSee 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, EmergenSee’s total liability shall be limited to the fees paid by you over the preceding twelve (12) month period.
  2. RECIPIENTS

If you are the recipient of an incident reported by any user of the EmergenSee 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 EmergenSee 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. EmergenSee 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 EmergenSee 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.

  1. Professional Monitoring. For users who subscribe to professional monitoring, your pre-identified contact will not be notified by the EmergenSee App when beginning or ending an incident. Rather, this function will be replaced by our Professional Monitoring staff who, when/if appropriate or warranted will contact your pre-selected contacts to provide them information on the incident(s), appropriate information and services rendered.
  1. DISCLAIMER OF WARRANTIES.

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE EMERGENSEE 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 EMERGENSEE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE EMERGENSEE APP (“EMERGENSEE SERVICES”) AND/OR EMERGENSEE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EMERGENSEE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE EMERGENSEE APP AND ANY EMERGENSEE 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 EMERGENSEE APP WILL FUNCTION AS INTENDED, THAT ALL THE FUNCTIONALLY OR ANY FUNCTIONALITY WILL BE OPERATIONAL AT ALL TIMES. EMERGENCEE DISCLAIMS ANY LIABILITY FOR SYSTEM DOWNTIME, OPERATIONAL ERRORS, LOSS OF DATA, DELIVERY ERRORS, TRANSMISSION LOSSES, OR LACK OF SERVICE. EMERGENSEE ACCEPTS NO LIABILITY OF ANY KIND FOR THE CONSEQUENCES OF USING THE EMERGENSEE APP, THE FAILURE OF THE DELIVERY OF DATA TO CONTACTS YOU HAVE ENTERED IN YOUR PROFILE, OR THE FAILURE OF THE EMERGENSEE APP TO PRODUCE ANY INTENDED BENEFITS.

EMERGENSEE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE EMERGENSEE APP, THAT THE FUNCTIONS CONTAINED IN THE EMERGENSEE APP OR THE EMERGENSEE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE EMERGENSEE APP OR EMERGENSEE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE EMERGENSEE APP OR EMERGENSEE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMERGENSEE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IF THE EMERGENSEE APP OR EMERGENSEE 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.

  1. INDEMNIFICATION.You agree to indemnify and hold EmergenSee, its officers, directors, employees, affiliates, subsidiaries, successors, assigns, directors, officers, agents, service providers, third-party monitoring company(ies), suppliers, employees, and representatives harmless from any and all claims, losses, demands, fines penalties, costs, and expenses including reasonable attorney fees and court costs, made by any third party due to or arising out of, or your violation of any rights of another made by or on behalf of you or any third party in connection with or arising out of your download, access, and/or use of the EmergenSee App, including any content or services provided therein, any information transmitted during your use of the EmergenSee App, including third party photographs and video or other Content, SMS messages, your violation of any term or condition of the Terms of Use, your breach of any of the representations and warranties herein, and your violation of applicable laws or any rights of another person or entity. You also agree to indemnify EmergenSee against any claims made by the contacts listed in your profile based on EmergenSee sending communications to those contacts.
  2. LIMITATIONS OF LIABILITY.
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMERGENSEE, ITS AFFILIATES AND/OR ITS THIRD-PARTY MONITORING COMPANIEY(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 EMERGENSEE APP, THE COMPANY’S SERVERS, ANY ASPECT OF THE EMERGENSEE 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 EMERGENSEE 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.
    2. 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 EMERGENSEE APP UP TO DATE, ACCURATE, AND COMPLETE. EMERGENSEE WILL NOT BE HELD LIABLE FOR YOUR FAILURE TO MAKE CHANGES IN CONTACT INFORMATION.
    3. YOU HEREBY WAIVE ANY AND ALL CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE EMERGENSEE APP AND ITS USE.
  3. TERMINATION.The license granted to you will continue until terminated as provided in this section. Without prejudice to any other rights EmergenSee, your license rights will terminate automatically if you violate any provision herein, or if EmergenSee sends a written (including email or text message) notice of termination to you directly. You may terminate or cancel the license by discontinuing use of the EmergenSee App. In the event of termination, for any reason, you shall cease all use of the EmergenSee App, uninstall the EmergenSee App from each Mobile Device in which you have installed it, and destroy all copies, full or partial, of the EmergenSee App. EmergenSee reserves the right to terminate the license to a specific version of the EmergenSee App upon issuance of a new version. Except for the license granted in Section 1 and as otherwise expressly provided herein, all sections of these Terms of Use that by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
  4. NO CONTINUING OBLIGATION.EmergenSee is not obligated by these Terms of Use to continue making the EmergenSee App available for any period of time whatsoever.
  5. EQUIPMENT. You must provide the Mobile Device and wireless connections that you will need to use the EmergenSee App at your own expense. EmergenSee does not guarantee that the EmergenSee App can be accessed through or will be compatible with all Mobile Devices or wireless service plans. EmergenSee does not guarantee that the EmergenSee App is available in all geographic locations. You acknowledge that when you use the EmergenSee 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 EMERGENSEE APP THROUGH YOUR MOBILE DEVICE.
  6. LEGAL COMPLIANCE; EXPORT ADMINISTRATION; GOVERNMENT USERS.
    1. Legal Compliance. By accepting these Terms of Use, 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.
    2. 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 EmergenSee App and its use.
    3. U.S. Government End-Users. The EmergenSee App and any related documentation may be deemed “Commercial Items,” as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227-7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to these Terms of Use. Unpublished rights are reserved under the copyright laws of the United States.
  7. PRODUCT QUESTIONS, COMMENTS, CLAIMS, AND CONTACT INFORMATION.EmergenSee is responsible for addressing any questions or comments relating to the EmergenSee App and/or your possession or use of the EmergenSee App. If you have any comments or questions, please contact EmergenSee at:

EmergenSee, Inc.
Valley Forge Professional Center, 1260 Valley Forge Road, Suite 103, Phoenixville, PA 19460.

If you have any questions about your mobile device or your cellular or data service, please contact the applicable third party.

  1. 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 Emergency 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.

Updated July 2014

x