Terms and Conditions of AlertAware

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS GOVERN THE USE OF ALERTAWARE AND ANY OTHER RELATED AGREEMENT OR LEGAL RELATIONSHIP WITH THE OWNER

The entire contractual relationship relating to these Products is entered solely by AlertAware and the User. The user acknowledges and agrees that AlertAware may have been provided via the Apple App Store or Google Play Store. Therefore, these services may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

Definitions

AlertAware Refers to:

this website, including its subdomains and any other website through which the Owner makes its Service available;
applications for mobile, tablet and other smart device systems;
the Application Program Interfaces (API);
the Service (SMS, Phone, Email, Push Notifications, and Social Media Notifications);
any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

Agreement is any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Consumer is any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Business User is any User that does not qualify as a Consumer.

Owner indicates the natural person(s) or legal entity that provides AlertAware and/or the Service to Users.

Initiator indicates the natural person(s) or legal entity who has been granted the permission by Owners to send alerts to Recipients.

Recipients indicates the natural person(s) who receive alert messages or notifications.

Terms are all the provisions applicable to the use of AlertAware and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User indicates any natural person or legal entity using AlertAware.

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using AlertAware.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using AlertAware, User agrees to:

Be older than 13 years of age;
Receive Alert Aware messages on your mobile phone;
Receive recurring messages based on Owner’s account activity;
There are no restrictions for Users in terms of being Consumers or Business Users;
Are not located in a country that is subject to the U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
Are not listed in any U.S. Government list of prohibited or restricted parties

Account Registration

To access the AlertAware Service, Users must register or create a User account providing all required data and information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. Users shall ensure to choose passwords that meet the highest standards of strength permitted by AlertAware.

AlertAware provides Users with the opportunity to register by creating a user account. AlertAware will use the information the user provides in accordance with our Privacy Policy. By registering, you represent and warrant that all information that you choose to provide is current, complete and accurate.

User agrees to maintain and promptly update such information as necessary, so that it remains current, complete and accurate. User is responsible for all use of your account, regardless of whether user authorized such access or use, and for ensuring that all use of user account complies fully with these Terms of Use.

Conditions for Account Registration

Registration of User accounts on AlertAware is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

Accounts registered by bots or any other automated methods are not permitted.
Unless otherwise specified, each User must register only one account.
Unless explicitly permitted, a User account may not be shared with other persons.

Account Termination

Users with active AlertAware subscriptions can terminate their account and stop using the Service at any time by contacting AlertAware at support@alertaware.com. Termination of the account may not be possible until the prepaid subscription has expired.

SMS Messaging, Notifications, and Alerts

Subscription to the Service. By subscribing to AlertAware Mobile Services, hereinafter referred to as Mobile Services, the User represents and warrants that User is in lawful possession of the mobile phone or wireless device programmed to receive messages. User agrees and represents that all registration and contact information provided during the sign-up process, including the mobile phone number registered for the AlertAware Mobile Services, is accurate and current. User agrees to maintain current information at all times and to update the information immediately if any changes occur. User is solely responsible for the use of the Mobile Services by User, and anyone User allows access to the Mobile Services.

Quantity of Messages. User’s subscription and originator’s use of the AlertAware Service will determine the number of alerts received.

Functionality; Security; Mobile Use Precautions. Mobile Services may be limited and not available in some areas; certain variables could affect the delivery of messages, including but not limited to the functionality of User’s carrier network and text messaging platform and restrictions set by User’s carrier to their account. AlertAware does not guarantee message delivery, completeness, accuracy, timeliness, or that Mobile Services will be available at all times. Neither AlertAware nor any third-party service provider shall be responsible for messages that are lost or misdirected. Third-party Charges and Mobile Alerts. A mobile phone or wireless device is required to use the Mobile Services. The Mobile Services are not available on all carriers, all rates plans, or all countries. Standard message and rates may apply from User’s mobile or wireless device carrier. User’s carrier may charge for each text message sent and received. Contact carrier for text messaging rates and terms applicable to mobile plan. User is solely responsible for any fees or charges incurred from participating in the Mobile Services.

How to Opt-Out

User may opt-out of the AlertAware Services at any time by texting STOP, END, CANCEL, UNSUBSCRIBE, and QUIT to 723389. Alternatively, User can send an email to support@alertaware.com with UNSUBSCRIBE followed by the User’s phone number as the subject line. User can also send an email to support@alertaware or Text HELP to 723389 from User’s mobile phone, message and data rates may apply. For info, contact 1-866-425-3788. If User has registered for the Mobile Services on the AlertAware website or mobile apps, User may also have the ability to opt-out by signing into their Account and disabling the Mobile Services. Upon receipt of User opt-out message, User agrees to receive an OPT OUT confirmation message to user’s mobile phone or wireless device. The confirmation message may also include information on how to opt back into the Mobile Services. User agrees that, upon opt-out, participation in the Mobile Services is terminated immediately.

Account Suspension and Deletion

The Owner reserves the right, at its sole discretion, to suspend or delete the Mobile Service at any time and without notice, for User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on AlertAware

Unless where otherwise specified or clearly recognizable, all content available on AlertAware is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on AlertAware infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights Regarding Content on AlertAware: All Rights Reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on AlertAware, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on AlertAware, the User may download, copy and/or share some content available through AlertAware for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content Provided by Users

The Owner allows Users to upload, share or provide their own content to AlertAware.

By providing content to AlertAware, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Further insights regarding acceptable content can be found inside the section of these Terms which details the acceptable uses.

Users acknowledge and accept that by providing their own content to AlertAware they grant the Owner a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licensable, and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote its Service in any media or manner.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to AlertAware.

Users acknowledge, accept and confirm that all content they provide through AlertAware is provided subject to the same general conditions set forth for content on AlertAware.

Liability for Provided Content

Users are solely liable for any content they upload, post, share, or provide through AlertAware. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to AlertAware:

if any complaint based on such content is received;
if a notice of infringement of intellectual property rights is received;
upon order of a public authority; or
where the Owner is made aware that the content, while being accessible via AlertAware, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through AlertAware.

Initiator Responsibilities (Applicable Only to Owners)

Only authorized Initiators are permitted to issue notifications through the Services, pursuant to AlertAware’s end-user licensing agreement. Owner access to the Services is password-protected, and Initiators are responsible for maintaining the security of their password at all times. All Initiators agree to contact AlertAware immediately upon receipt of any information or knowledge that an Initiator’s account or password has been compromised. AlertAware will assume that all use of the Services under an Initiator’s account is done with the Owner’s consent and knowledge and each Initiator shall be responsible for any unauthorized access using its password caused through no fault of AlertAware. All Owners agree to provide true, accurate, and complete information for any Recipient (as hereinafter defined) information which is entered into the Services, to maintain the accuracy of such information, and that the provision of such information does not invade the privacy of any Recipient.

All Owners acknowledge and agree that, by entering any contact information into any of the Services, the Recipient who owns such contact information has expressly authorized the Owner to enter such information into the Services to receive alerts from AlertAware. The Owner agrees they are solely liable if recipients receive unwanted alerts.

Owners further agree that the Services are to be used solely as a notification tool and not as a life-saving or property-saving device. Owners are not agents of AlertAware nor authorized to bind AlertAware to any obligations. All Owners agree that they shall not indicate that AlertAware has endorsed the content of any notification sent through any of the Services.

Prohibited Uses

User may use the Service only for lawful purposes and in accordance with the terms and conditions herein. User may not use the AlertAware Service:

In a way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
For the purpose of exploiting, harming or attempting to exploit or harm minors by exposing them to inappropriate content and/or asking for personally identifiable information
To transmit, or procure the sending of, any advertising, promotional or marketing material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation
To impersonate or attempt to impersonate AlertAware, an AlertAware employee, another user or any other person or entity
To access another user’s identification, password, account name or persona without authorization from that user
In any manner that could disrupt, disable, overburden, damage, or impair the Service for you or others (including the ability to send timely notifications through the Service), via various means including overloading, “flooding,” “mailbombing,” “denial of service” attacks, or “crashing”
Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material
Use any manual process to monitor or copy any of the material made available through the Service or for any other unauthorized purpose without our prior written consent
Use any device, software or routine, including but not limited to, any viruses, trojan horses, worms, or logic bombs, that interfere with the proper working of the Service or could be technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without AlertAware’s express written consent.
Take any action in order to obtain services to which such client is not entitled
Attempt any action designed to circumvent or alter any method of measuring or billing for utilization of the Service
Otherwise attempt to interfere with the proper working of the Service

Recipient Responsibilities (Applicable Only to Recipients)

A Recipient is any individual person capable of receiving notifications. Recipients include any telephone number, text address, email address, or address which has been registered into any of the Services. All Recipients who receive text notifications are subject to terms required by AlertAware texting provider. Recipients understand and agree that they shall be connected to one or more of AlertAware customers. If a Recipient is added to the Service via opt-in or commercially available data sources, and is registered for geo-location notifications, the Recipient will be associated with any AlertAware customer that has access to the Recipient’s geo-located area. Each Recipient further understands and agrees that Initiators and AlertAware have the ability to modify and/or remove Recipient information from the Services. Such removal is at the sole discretion of the Initiator and AlertAware. Recipients acknowledge and agree that, by registering with any of the Services, they consent to be contacted, using an automated dialer and a pre-recorded message, by AlertAware and AlertAware customers.

AlertAware and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of AlertAware and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to AlertAware or the Service, terminating contracts, reporting any misconduct performed through AlertAware or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

violate laws, regulations, and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.

Software License

Any intellectual or industrial property rights and any other exclusive rights on software or technical applications embedded in or related to AlertAware are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of AlertAware and the Service offered.

This license does not grant Users any rights to access, usage, or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is AlertAware, or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this license Users may download, install, use and run the software on unlimited devices, provided that such devices are common and up-to-date in terms of technology and market standards.

AlertAware reserves the right to release updates, fixes, and further developments of AlertAware and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using AlertAware and/or its related software.

API Usage Terms

Users may access their data relating to AlertAware via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses AlertAware, is bound by these Terms and, in addition, by the following specific terms:

Access to the API must be first granted by AlertAware. AlertAware reserves the right to deny access at its sole discretion. AlertAware can revoke, suspend or discontinue this access at any time, with or without notice.
API keys or credentials must not be shared with other Users or Owners and must be kept confidential.
The User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

Liability and Indemnification

Disclaimer of Warranties

AlertAware is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at user’s own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for

any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
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 Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction 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.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applivable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
User’s willful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common Provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of the law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts, etc).

Service Reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of AlertAware and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy Policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of AlertAware.

Intellectual Property Rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to AlertAware are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with AlertAware are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications relating to the use of AlertAware must be sent to support@alertaware.com.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire agreement between Users and the Owner with respect to the subject matter hereof and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Governing Law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Venue of Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Miscellaneous