PRIVACY POLICY

The Company respects the privacy of its Service users. Privacy Policy explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

ABOUT THE SERVICE

The Service allows you to alleviate safety concerns associated with your friends and family members. You can see your loved ones' current location any time anywhere.

REGISTRATION, RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 13 years old to use the Service. If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your name, password and/or account.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to provide your Email address to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion. We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. By transmitting and submitting any User Content while using the Service, you agree as follows:

• You are solely responsible for your account and the activity that occurs while signed in to or while using your account.

• will not post information that is malicious, libelous, false, or inaccurate.

• You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.

• You retain all ownership rights in your User Content but you are required to grant the following rights to the service and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the service, you grant to the service a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;

• You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and

• You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all your submissions, and terminate your account with or without prior notice.

• You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The service is not responsible for any public display or misuse of your User Content. The service does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the service, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the service or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us at support@familykonnect.app

LINKS TO OTHER SERVICES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party web service(s) (“Third Party services”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party services or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party services or Third Party Applications, Software or Content. Such Third Party services and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party services accessed through the service or any Third Party Applications, Software or Content posted on, available through or installed from the service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party services or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party service or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the service and access the Third Party services or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party service to which you navigate from the service or relating to any applications you use or install from the Third Party service.

LOCATION INFORMATION AND DRIVING EVENT FEATURE

There are components of the Service that gather and exchange location information about you and other users and monitor driving habits. It is necessary for the Service to collect data from your mobile device to allow you to use these features. This data is collected to provide emergency response services, calculate, and detect driving behavior and events (such as speeding, hard braking, distracted driving, and collisions), and compile reports. It is possible to be tracked even if you are not the driver of the car. The location services, driver behavior and reporting, and accident detection features should be deactivated if you don't have the driver's consent to gather this information. It is your responsibility to ensure that the driver of a vehicle has given you permission to use their device's GPS, movement data, and driving behavior information for these purposes and for others as described in our Privacy Policy. If you do not have permission from the driver, then you represent and warrant that you have the consent of the driver.
Mobile Software must be installed on the device providing location and movement data for these capabilities to perform effectively. They also need access to location and movement data from the smartphone or mobile device. Allowing access to location, sensing and motion data may not operate effectively if the appropriate device permissions are not properly established and enabled. There are a number of reasons why features may not work, such as if the device is not powered on and connected to a wireless service provider's network (for example, it won't work if the phone is not connected to a Wi-Fi network), location services are turned off, the Service is not being used or is blocked, if you're making a phone call through the device, and so on. To learn more about how to use these features, please see the Familykonnect app settings.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the email and messaging system will not constitute legal notice to the service, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you:
(a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the service or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email. Opting out may prevent you from receiving messages regarding the service, the Service or special offers.

ADDITIONAL SERVICE POLICIES AND INFORMATION

This section contains additional rules and information concerning the Service billing policies, and pricing.

A. Billing Policies

• We may change the prices and payment terms for Subscription Features from time to time. If you choose to use these features, you agree to these changes. For extra fees and charges, the company can add new features, or change the fees and charges that are already in place for existing services, at any time. Any changes we make to our prices or payment terms will take effect in the next billing cycle after we notify you about them.

B. Subscription/access fees are payable in advance

• All subscription and access fees for the Subscription Features must be paid in full before they can be used. In this Agreement, you agree that Company is not responsible for any costs or expenses you incur because of charges that Company bills to you (e.g., overdrawn accounts, exceeding credit card limit, etc.). As soon as you give us your credit card number, PayPal account, or other payment method with advance authorization features, you give us permission to keep charging the payment method until your account is paid in full and your subscription is terminated by either you or Company. If a credit card or other payment or identification method is used by more than one person, the company has the right to limit the number of accounts that can be charged to that person.

C. Payment methods

• Company accepts VISA, MasterCard, credit and debit cards. The company asks for your debit or credit card security code to prevent fraudulent use of your card. The security code is a three- or four-digit number that is written on the front of your card (if American Express) or on the back of your card, on the signature panel (if Visa, or MasterCard).

D. Pricing Changes

• Prices for Subscription Features are subject to change at the sole discretion of the Company. If they do, and you presently have Subscription Features, Company will notify you at least thirty (30) days before the change takes effect through the Service or by email, at Company's discretion or as required by applicable law. Continued use of the Subscription Features after the effective date of pricing modifications signifies your consent to pay the revised amount. If you disagree with the revised rates, please follow the steps in the section below under "Cancel Subscription Features or Close Your Account. " You (and not Company) are liable for any costs or expenses incurred in connection with the Service from third parties.

E. No Refunds

• You may terminate your account at any time; however, except as required by applicable law, no refunds will be made for unused time on a subscription, licensing, or subscription fees for any component of the Service, any material or data linked with your account, or for anything else. If you cancel any Subscription Features, your subscription will remain active until the end of your then-current paid month. To be clear, if you buy an annual membership and cancel it two months into the year, you will not get a refund for the remainder of the year, but will instead continue to enjoy the Subscription Features for the remaining ten months.

F. Payment Information; Taxes.

• All information you provide in connection with a purchase or transaction must be accurate, complete, and current. If you use a credit card, debit card, or other payment method to make a purchase via the Service, you agree to pay any charges incurred by users of your credit card, debit card, or other payment method. You will be responsible for paying any relevant taxes on purchases, transactions, or other monetary transactions.

G. Battery Usage

• Any device that has Mobile Software installed may use a significant amount of battery power when using the Service or Service features that require Mobile Software to be used. Keep your phone connected to a power source if you can, or limit your use of these and other services to the times when they are required (e.g., you may want to turn off certain Service features when driving, or you may want to turn off other apps and services while driving).

H. Cancel Subscription Features or Close Your Account

• At any time, you may cancel your Subscription Features or terminate your account. Email us at support@familykonnect.app to cancel your Subscription Feature or close your account. Include your name, the email address you registered with, and a phone number where you can be contacted if you send an email. In general, a cancellation request may take up to five (5) business days to complete.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the email and messaging system will not constitute legal notice to the service, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

INDEMNIFICATION

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
The service, is provided “as is,” without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, we make no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

LIMITATION OF DAMAGES, RELEASE

To the extent permitted by applicable law, in no event shall the service, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from: (a) the use, disclosure, or display of your user content; (b) your use or inability to use the service; (c) the service generally or the software or systems that make the service available; or (d) any other interactions with use or with any other user of the service, whether based on warranty, contract, tort ( including negligence) or any other legal theory, and whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the service from time to time to view any such changes in this agreement. Your continued use of the service or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
Acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms and conditions. you further acknowledge that these terms of use together with the privacy policy at privacy policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

Contact

Please contact us at support@familykonnect.app with any questions regarding this Agreement.