TERMS OF SERVICE
These Terms of Service (“Terms of Service”) cover Silent Beacon, LLC’s and its affiliates’ (collectively, “SBL”, “we”, “us” or “our”) System (as hereinafter defined). The “System” means an emergency alerting system, consisting of the Silent Beacon device (“Beacon”), a mobile application that is used in connection with the Beacons (“App”), the dashboard, websites, and any other online platforms operated by SBL (“Sites”), and if applicable, Monitoring Services (as hereinafter defined) and related maintenance and support services (“Support Services”).
BY ACCESSING OR USING ANY PART OF THE SYSTEM YOU AGREE TO THESE TERMS, AND ANY SYSTEM TERMS THAT MAY BE REFERENCED WITHIN.
IMPORTANT: NOT A REPLACEMENT FOR 911
THE SYSTEM IS INTENDED TO FUNCTION AS A SUPPLEMENTAL SAFETY AND COMMUNICATION RESOURCE. IT IS NOT A REPLACEMENT FOR 911, OTHER EMERGENCY SERVICES OR ANY SAFETY, MONITORINGOR EMERGENCY PROCEDURES YOU ARE REQUIRED TO FOLLOW BY LAW, REGULATION, OR INTERNAL POLICY. IF YOU ARE IN IMMEDIATE DANGER, CALL 911 AND/OR THE APPROPRIATE AUTHORITIES AND DO NOT RELY ON ANY PART OF THE SYSTEM OR THE SYSTEM IN ITS ENTIRETY. EVEN IF THE SYSTEM SHOWS CONNECTIVITY, WE DO NOT GUARANTEE AND HAVE NO CONTROL OVER WHETHER ANY CALLS, ALERTS, MESSAGES, EMAILS, PUSH NOTIFICATIONS OR ANY OTHER SERVICE WILL BE DELIVERED IN REAL-TIME, IMMEDIATELY ACCESSED BY OR RESPONDED TO BY ANY RECIPIENT OR EMERGENCY RESPONDER. YOU SHOULD CONTINUE TO USE ALL EXISTING SAFETY PRACTICES YOU WOULD RELY ON IF THE SYSTEM WERE NOT AVAILABLE, AS THE SYSTEM IS DESIGNED TO SERVE AS AN ADDITIONAL TOOL, NOT A PRIMARY METHOD OF PROTECTION.
Definitions
“App” means any Silent Beacon mobile application, including without limitation the Safety App for Silent Beacon and the Silent Beacon for Business app, made available via the Apple App Store, Google Play, or any other app distribution platform (the “Stores”) for use on compatible iOS or Android devices that support Bluetooth 5.0.
“Consumer End User” means an individual who purchases, registers for, or uses the System for personal or non-commercial purposes and is not accessing the System through an ESS Client account.
“Content” means any text, images, data, audio, video, and other material and information uploaded, or otherwise transmitted by any End User through the System.
“ESS Client” means a business that has entered into an Enterprise Safety Solutions Agreement (ESS) with SBL to lease and/or license the System for use by its ESS End Users.
“ESS End User” means an individual authorized by an ESS Client and registered with SBL, or otherwise eligible to receive and/or send messages or utilize the System’s features. ESS End Users may include, but are not limited to, ESS Account Owners, Dispatchers, Beacon Holders, App Holders, and Recipients.
Applicability
These provisions apply to all End Users of the SBL System. Certain terms apply specifically to Consumer End Users and others apply specifically to ESS End Users. Where applicable, these distinctions are identified through the Terms of Service.
International Users
“International User” means any End User who accesses or uses the System from outside the United States. International Users acknowledge and agree that:
- Monitoring Services Unavailable: Monitoring Services are available only within the United States. International Users may access the App and certain System features but will not receive third-party monitoring or emergency response coordination.
- Local Emergency Services: International Users must rely on their local emergency services (such as 112, 999, or other local emergency numbers) and not 911 or U.S. emergency services. The System is not integrated with international emergency response systems.
- Data Transfers: For International Users in the European Economic Area, United Kingdom, or other jurisdictions with data protection laws, SBL will process personal data in accordance with applicable privacy laws and may rely on appropriate safeguards for cross-border data transfers, including Standard Contractual Clauses or adequacy decisions where available.
- Export Control Compliance: International Users represent that their use of the System complies with all applicable export control laws, including U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). SBL may suspend or terminate access if required by U.S. export control laws or sanctions.
- Local Law Compliance: International Users are responsible for ensuring their use of the System complies with all applicable local laws, regulations, and emergency services requirements in their jurisdiction.
- Governing Law for International Users: For International Users, these Terms of Service shall be governed by the laws of the State of Maryland, United States, except where mandatory local consumer protection laws apply. International Users consent to the jurisdiction of Maryland courts for dispute resolution, subject to applicable international treaties and conventions.
Age Requirements
You must be at least 13 years old to use the System. If you are between the ages of 13 and 18, you may use the System only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. If you are a parent or legal guardian of a child between the ages of 13 and 18 years old, you must register your child’s account on the App. In such case, you represent that you are the parent or legal guardian of a child between the ages of 13 and 18, that you consent to your child using the System, and that such use is under your supervision. You are fully responsible for the acts of your child in relation to the System. All references herein to “you” shall mean “you on behalf of your child” or “your child,” as appropriate in the context of the sentence, and all references to “your” shall mean “your child’s”.
Terms of Service Modifications and System Updates
SBL may update these Terms of Service from time to time. By continuing to use the System after such changes, you acknowledge and accept the changes. SBL may also modify, upgrade, or change any part of the System including software, features, and functionality at any time, including automatic software updates, without consent.
SBL may suspend or discontinue any part of the System or introduce new features, impose limits, or restrict access to parts or all of the System. For ESS End Users, SBL’s right to suspend or terminate access is expressly limited to situations involving breach of terms, legal requirements, or security concerns, and is coordinated with the ESS Client. For Consumer Users, SBL may suspend or terminate access at its discretion. We may change any aspect of the System, at any time and for any reason in our sole discretion.
Downloading Our App
When you download our App from the Apple App Store, Google Play or other app store or app distribution platform (the “Stores”), you acknowledge and agree that:
- these Terms of Service are concluded between SBL and you and not with the Stores, and that SBL (not the Stores), is solely responsible for the App;
- the Stores have no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims;
- the Stores are not responsible for addressing any claims you have relating to the App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that the App fails to conform to any applicable legal or regulatory requirement; and
- the Stores are a third-party beneficiary of these Terms of Service and have the right to enforce these Terms of Service against you (as it relates to your license of the App through the Stores). You must also comply with the Store’s terms of service when using the App.
Account Setup & Security
To access the System, you must register and establish an account. You are responsible for maintaining the confidentiality and security of your account information, including your username, email address, phone number, and any codes or credentials used to access the System. You may not share your account or login credentials with anyone else, nor may you use another person’s account. You are responsible for all activity conducted under your account, including alerts, communications, and calls placed to emergency personnel. Silent Beacon is not responsible for any losses or damages resulting from unauthorized use of your account. You agree to notify Silent Beacon immediately if you become aware of any unauthorized access or security breach.
If you are a ESS End User, you acknowledge that some Alert settings, permissions, or System configurations may be controlled by your employer or organization. Silent Beacon is not responsible for enforcing or monitoring any employer configurations.
License and Intellectual Property Rights
Subject to your compliance with these Terms of Service, SBL grants you a limited, non-exclusive, non-transferable license to download, install, and use the App on a smartphone or tablet. You acquire no ownership or intellectual property rights in the System by virtue of this license, and SBL reserves all rights not expressly granted under these Terms of Service. SBL retains all ownership of, and all intellectual property rights in, the System, including but not limited to patents, trademarks, copyrights, trade secrets, and other proprietary rights. All configurations, customizations, enhancements, and modifications to the System developed by SBL belong exclusively to SBL and shall be deemed part of the System. Consumer End Users remain the owners of their own information and data entered into the System, subject to SBL’s Privacy Policy. SBL acknowledges that information relating to ESS End Users that is collected through the System belongs to the employer or organization providing access to the System.
Use Restrictions and Prohibited Uses
You agree that you will not, and will not permit others to:
- Copy or Modify the System
Copy, reproduce, distribute, publicly display, publish, license, sell, rent, lease, lend, sublicense, or otherwise make available any part of the System or modify, translate, adapt, or create derivative works from it. - Reverse Engineering or Source Access
Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code, algorithms, or underlying structure of the System. - Unauthorized or Competitive Use
Access or use the System to develop, test, or support any product or service that competes with, or is intended to replace, the System, or use it in any way that disadvantages or harms SBL’s commercial interests. - Tampering and Security Violations
Interfere with, disrupt, or compromise the security, integrity, or performance of the System; gain unauthorized access to any part of the System; or bypass or disable any security controls, authentication mechanisms, or monitoring safeguards. - Malicious or Excessive Use
Upload, introduce, or transmit any viruses, worms, Trojan horses, or other malicious code; use the System for excessive communications; or take any action that imposes an unreasonable load on SBL’s infrastructure. - Data Misuse or Unlawful Content
Store, post, or transmit any content that is unlawful, infringing, defamatory, obscene, threatening, fraudulent, deceptive, or otherwise objectionable; or use the System to collect, track, or disclose another person’s information without their express consent. - Spam, False Information, or Automated Access
Transmit spam, unsolicited advertising, chain communications, or any altered, deceptive, or false source-identifying information; or access the System using automated tools such as bots, spiders, crawlers, scrapers, or similar mechanisms without SBL’s express written permission. - Commercial Resale or Transfer
Rent, lease, sell, sublicense, assign, distribute, transfer, or otherwise provide access to the System to any third party except as expressly permitted under these Terms. - Intellectual Property Notices
Remove, alter, or obscure any proprietary notices, labels, warnings, or trademarks appearing on or within any part of the System. - Compliance and Lawful Use
Use the System only in compliance with applicable laws and regulations. You may not use the System in any way that violates privacy, safety, or security laws or promotes harm, harassment, discrimination, violence, or illegal conduct.
- Copy or Modify the System
User Obligations Regarding Alerts and Messaging
As part of the System, you may receive push notifications, text messages, emails, alerts, or other types of communications (“Alerts”), and you are responsible for managing the settings that control which Alerts you receive, except for infrequent, important service announcements or administrative messages that we may send regardless of user preference. Third-party carrier or messaging fees may apply depending on your wireless provider.
By using the System, you are opting in to send and receive Alerts, including SMS/text messages to and from your emergency contacts or from Silent Beacon. You certify that the mobile number you provide is accurate and that you are authorized to receive messages at that number. Standard message and data rates may apply, message frequency may vary, and SMS/text services may not be available on all carriers or devices. Carriers are not liable for delayed or undelivered messages. You may opt out of text messages at any time by replying “STOP,” although doing so may prevent you from receiving Alerts from your emergency contacts.
Silent Beacon may limit or suspend Alerts if the System is misused, including excessive non-emergency communications, and may provide a mechanism for opting out of Alerts, including removing phone numbers for contacts or emergency responders in your profile if abuse is detected or a usage threshold is reached.
If you are a ESS End User, you acknowledge that some Alert settings, permissions, or System configurations may be controlled by your employer or organization. Silent Beacon is not responsible for enforcing or monitoring any employer configurations.
Cost and Delivery of Alerts
Content You Provide
You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our System (your “Content”), and its legality, reliability, and appropriateness. You should only upload or post Content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing access to the System. You agree that we can also make your Content available to other users of the System who may view and/or use your Content, subject to these Terms of Service.
Right to Remove or Suspend
SBL reserves the right, at any time and in its sole discretion, to refuse, delete, restrict, or move any Content or to suspend or terminate access to the System, in whole or in part, for operational, legal, or security reasons, or to protect users, customers, or the integrity of the System. Nothing in this provision obligates SBL to monitor or actively seek out violations, but it ensures SBL’s ability to act when necessary.
Copyright Policy
It is our policy to remove, or disable access to, material that infringes any copyright on our System after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on through our System in a way that constitutes copyright infringement, please provide email legal@silentbeacon.com with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our App;
- your address, telephone number, and e-mail address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be sent to our email address at the end of this document or by mail to the address at the end of this document.
Third Party Links
Our System may contain links to content or services provided by third parties (“Third Party Links”). These Third Party Links are not under SBL’s control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own Terms of Service and policies, including privacy and data gathering practices.
User Communications
SBL is pleased to hear from its customers. However, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through websites or services (“communications”), including e-mails to us or postings on interactive portions of websites, shall be deemed and shall remain the property of SBL. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. We are free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing products or services using such communications. By submitting communications to us through websites, via e-mail, or by any means, you hereby RELEASE us from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to websites or to us, you hereby grant SBL, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.
Privacy
Your use of the System is also governed by SBL’s Privacy Policy, available at https://silentbeacon.com/privacy-policy/. The Privacy Policy explains how SBL collects, uses, and protects information, including personal data, in connection with the System. By using the System, you acknowledge that you have read and understood the Privacy Policy.
Monitoring Services
In the event your subscription includes Monitoring Services, such services are provided through SBL by a third-party monitoring service (“Monitoring Call Center”). You agree that SBL has satisfied the obligation to provide Monitoring Services by contracting with the Monitoring Call Center to provide such Monitoring Services, and SBL shall not have any additional obligation to arrange for or provide Monitoring Services. For more information, please review the Monitoring Service Agreement.
Cancel Subscription or Close Account
You may terminate your App subscription at any time. To unsubscribe please follow Apple’s or Android’s App cancellation instructions. Additionally, you may delete your App account at any time by opening our App and clicking on “Settings”, then “My Information”, and clicking on “Delete Account”. Please note that if you purchased a subscription through the Apple App Store or Google Play Store, then you also need to ensure you cancel your recurring payments within those app stores to avoid future charges. If you need additional assistance, please refer to Silent Beacon’s Support Page and complete the form by including your name, the email address you registered with, and a phone number where you can be reached.
Silent Beacon does not issue refunds for subscriptions purchased through the Apple App Store or Google Play. All billing, cancellations, and refund requests must be handled directly with the respective app store.
ESS End Users acknowledge that their accounts are created, managed, and paid for by their employer or organization. ESS End Users do not have the right to unilaterally cancel or close their account. If you are a ESS End User and wish to stop using the System, you must contact your employer or organization. Silent Beacon will act on cancellation or account closure requests only when directed by the employer or organization. Employers or organizations remain responsible for cancelling any associated subscriptions or recurring payments.
Limited Warranty
Please refer to SBL’s Warranty and Return Policy (“Limited Warranty”) which may be found at https://silentbeacon.com/refund_returns/ for information on the Limited Warranty and on returns and exchanges of the Device.
Disclaimers
SUBJECT TO THE LIMITED WARRANTY, YOU ACCEPT THE SYSTEM “AS IS, WHERE IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED. YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY ARISING FROM YOUR USE OF THE SYSTEM. YOU SHALL ONLY USE THE BEACONS IN DIRECT CONNECTION WITH THE SYSTEM AND FOR NO OTHER PURPOSE.
THE SYSTEM OPERATES ONLY WHEN THE USER’S MOBILE DEVICE (WHETHER USING THE APP ALONE OR CONNECTED TO A BEACON) HAS ACTIVE NETWORK, BLUETOOTH (IF APPLICABLE), AND CELLULAR ACCESS, AND THE APP IS INSTALLED, ACTIVATED, AND HAS NECESSARY PERMISSIONS. SYSTEM CONNECTIVITY AND MESSAGE DELIVERY MAY BE INTERRUPTED, REFUSED, OR LIMITED BY FACTORS OUTSIDE OF SBL’S CONTROL, INCLUDING BUT NOT LIMITED TO DEVICE OR OPERATING SYSTEM SETTINGS, THIRD-PARTY NETWORK OR CARRIER ISSUES, SOFTWARE ERRORS, USER ERROR, ATMOSPHERIC OR TOPOGRAPHICAL FACTORS, EQUIPMENT MODIFICATIONS, OR SYSTEM OVER-CAPACITY.
SBL MAKES NO REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF SBL’S RESPONSE, AND SBL HAS NO CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE SYSTEM BEING USED. YOU FURTHER UNDERSTAND THAT SBL MAY IMPROPERLY PERFORM ANY SERVICES PROVIDED HEREUNDER, OR MAY FAIL TO PROPERLY RESPOND TO THE RECEIPT OF AN EMERGENCY SIGNAL FROM THE SYSTEM, OR THAT THE SYSTEM MAY FAIL TO FUNCTION PROPERLY.
Limitation of Liability
YOU ACKNOWLEDGE THAT (I) THE RISK OF LOSS OR BODILY HARM, INJURY OR DEATH, AND THE POTENTIAL LIABILITY FOR SUCH LOSSES, EXISTS BEFORE, AND IS INDEPENDENT OF, THE PROVISION OF THE SYSTEM AND ANY SERVICES PROVIDED HEREUNDER BY SBL TO YOU, (II) PERSONAL SAFETY AND MONITORING SYSTEMS DO NOT CREATE, NOR DO THEY INCREASE, THE RISK OR EXTENT OF SUCH LOSSES, (III) SBL DOES NOT AND CANNOT CONTROL THE SITUATIONS OR EVENTS THAT GIVE RISE TO THE OCCURRENCES (MEDICAL EMERGENCIES, FIRES, CRIMINAL ACTIVITY, ETC.) OR THE CONSEQUENCES THEREOF (PROPERTY LOSS, PERSONAL INJURY, ETC.) THAT THE SYSTEM IS INTENDED TO AVERT OR DETECT, AND (IV) BECAUSE OF THE UNIQUE NATURE OF THE SYSTEM, THE PARTIES HAVE AGREED THAT SBL’S LIABILITY SHOULD BE LIMITED IN ACCORDANCE WITH THE PROVISIONS OF THE TERMS OF SERVICE.
IN NO EVENT WILL SBL BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES IN CONNECTION WITH THE SYSTEM OR THE PERFORMANCE OR NONPERFORMANCE OF SUPPORT SERVICES AND/OR MONITORING SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF SBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SBL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS FROM PERSONAL INJURY OR DEATH, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR LOSS OF DATA, ARISING OUT OF YOUR OR ANY USER’S USE OF, OR INABILITY TO USE, THE SYSTEM, OR THE PERFORMANCE OR NONPERFORMANCE OF SUPPORT SERVICES AND/OR MONITORING SERVICES.
SBL’S MAXIMUM AGGREGATE LIABILITY TO YOU AND ANY THIRD PARTY SHALL BE LIMITED TO THE FEES PAID BY YOU TO SBL FOR A BEACON. SBL’S MAXIMUM AGGREGATE LIABILITY TO YOU AND ANY THIRD PARTY SHALL BE LIMITED TO THE FEES PAID BY YOU TO SBL FOR THE SYSTEM.
YOU SPECIFICALLY UNDERSTAND THAT (I) SBL, IN PROVIDING THE SBL SYSTEM, MAY SERVE AS A CONDUIT FOR INFORMATION AND SERVICES PROVIDED BY THIRD PARTIES AND THAT SBL MAY RELY ON SUCH INFORMATION AND SERVICES, (II) THE SYSTEM COMMUNICATES OVER INTERNET (III) THESE TRANSMISSION SYSTEMS ARE BEYOND THE CONTROL OF SBL AND ARE MAINTAINED AND SERVICED SOLELY BY THE APPLICABLE NETWORK OR TELECOMMUNICATIONS PROVIDER, (IV) THE TRANSMISSION SYSTEMS MAY NOT ALWAYS BE RELIABLE, AND (V) ANY CHANGES MADE TO THESE TRANSMISSION SYSTEMS MAY DISRUPT COMMUNICATION FROM THE SYSTEM, WITHOUT NOTICE TO YOU, AND SBL WILL HAVE NO WAY TO KNOW OF SUCH PROBLEM. YOU UNDERSTAND THAT SBL WILL NOT RECEIVE SIGNALS FROM THE SYSTEM IF YOUR TRANSMISSION SYSTEM IS NOT SET UP, NOT WORKING PROPERLY, LOSSES POWER OR CONNECTIVITY OR IF CHANGES IN THE TRANSMISSION SYSTEM PREVENT COMMUNICATION WITH SBL. YOU ARE RESPONSIBLE FOR TESTING THE SYSTEM ON A WEEKLY BASIS, AS WELL AS IMMEDIATELY FOLLOWING ANY CHANGE TO THE TRANSMISSION SYSTEM. YOU WILL IMMEDIATELY NOTIFY SBL AND ITS USERS OF ANY PROBLEMS WITH THE SYSTEM OR LOSS OF CONNECTIVITY. SBL ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, PROPRIETY, OR LEGALITY OF INFORMATION WHICH MAY BE PROVIDED, DIRECTLY OR INDIRECTLY, BY OR ON BEHALF OF YOU, ANY USER OR ANY THIRD PARTY, OR OF THE SUPPORT SERVICES AND/OR MONITORING SERVICES TO WHICH SUCH INFORMATION MAY RELATE.
ANY LIABILITY RELATING TO THE SYSTEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SILENT BEACON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL SBL TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SYSTEM EXCEED THE AMOUNTS YOU HAVE PAID TO SBL FOR USE OF THE APP AND ANY SERVICES PROVIDED HEREUNDER OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SBL, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SBL AND YOU.
Force Majeure
SBL IS NOT RESPONSIBLE FOR INTERRUPTIONS OR DELAYS TO THE SYSTEM THAT ARE CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF SBL’S CONTROL, INCLUDING WITHOUT LIMITATION THE FOLLOWING: ANY WAR WHETHER DECLARED OR UNDECLARED, FIRE, FLOOD, EXTREME WEATHER, ACCIDENT, EXPLOSION, ACT OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKE, LOCKOUT OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER ATTACKS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING FIRES, FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH EPIDEMICS, DESTRUCTION OF NETWORK FACILITES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF SBL FOR THE DURATION OF AN INTERRUPTION.
Dispute Resolution
Good Faith Attempt to Resolve. You and SBL will attempt in good faith to resolve any controversy or claim arising out of or relating to the System promptly through an officer of SBL. Any final decision mutually agreed to in writing shall be conclusive and binding you and SBL. If you and SBL are unable to resolve the matter through negotiations within fourteen (14) days after such matter was first referred to them, either you or SBL may submit the dispute to mediation in accordance with the paragraph below.
Mediation. If you and SBL are unable to satisfactorily resolve any dispute, you agree to submit to mediation under the American Arbitration Association (“AAA”) mediation rules then in effect. Such mediation shall be conducted by a single mediator in Rockville, Maryland and if the dispute remains unresolved after such mediation, then either you or SBL may submit the dispute to arbitration in accordance with the paragraph below. The cost of the mediation shall be equally shared by you and SBL.
Arbitration. If you and SBL are unable to satisfactorily resolve a dispute with respect to the Beacon and/or App, then you may submit the dispute to binding arbitration before a single arbitrator selected in accordance with the rules of the AAA utilizing the AAA’s expedited procedures and applying Maryland law. The arbitration proceeding shall be conducted in Rockville, Maryland. If you and SBL are unable to satisfactorily resolve a dispute with respect to the Monitoring Services, then you may submit the dispute to binding arbitration before a single arbitrator selected in accordance with the rules of the AAA utilizing the AAA’s expedited procedures and applying New York law. The arbitration proceeding shall be conducted in Onondaga County, New York
You and SBL will each submit their own written submission recommending in support of the position advanced, such reports to be submitted no later than twenty (20) days after the arbitrator has been retained. You shall provide the arbitrator with such additional information as the arbitrator may request at his/her discretion. No later than sixty (60) days after the arbitrator is retained, he/she shall render his/her decision in a written report which shall be final, binding and enforceable in a court of law having adequate jurisdiction and shall not be subject to legal challenge. The cost of arbitration shall be borne in such proportion as the arbitrator shall decide. The arbitrator may award legal fees and costs to the prevailing party if and when appropriate.
Agreement to Arbitrate. Either you or SBL may assert claims, if they qualify, in small claims court in Rockville, Maryland or any United States county where you live or work. Either of us may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the System or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
No Class Actions. YOU MAY ONLY RESOLVE DISPUTES WITH SBL ON AN INDIVIDUAL BASIS AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.
Judicial Forums for Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you agree that any judicial proceeding (other than small claim actions) will be brought in the federal or state courts of Rockville, Maryland. You consent to venue and personal jurisdiction there, and service of process through first class or overnight mail. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL.
Limitation on Claims. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SYSTEM MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR ELSE THAT CLAIM OR CAUSE OF ACTION WILL BE BARRED FOREVER.
General Provisions
These Terms of Service constitute the entire agreement between you and SBL with respect to the subject matter and supersedes any prior understandings and agreements. These Terms of Service will be governed by and construed in accordance with the laws of the State of Maryland, without regard to or application of conflicts of law rules or principles. If any part of these Terms of Service is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms of Service will remain in full force and effect. The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You may not assign or transfer these Terms of Service, or any order accepted by SBL hereunder, in whole or in part, by operation of law or otherwise, without SBL’s express prior written consent. Any attempt to do so, without SBL’s consent, will be null and of no effect. SBL may freely assign these Terms of Service. SBL will not be responsible for any failure or delay in its performance under these Terms of Service or for any failure or delay in enforcing any provision of these Terms of Service. Such failure or delay will not constitute a waiver of future enforcement of that or any other provision.
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Contacting Us
If you have any questions about these Terms of Service, please contact us at support01@silentbeacon.com.
Alternatively, you may contact SBL in writing mailed to:
Silent Beacon, LLC
9200 Corporate Blvd., Suite 250
Rockville, MD 20850These Terms of Service were last updated November 19, 2025.
Your use of the System, including sending or receiving Alerts, is subject to your agreements with your wireless carrier or network provider, and carrier charges may apply for access, data transfer, or message delivery. Silent Beacon is not responsible for any fees imposed by your carrier or network provider, nor for any delays, failures, or limitations caused by your carrier, device, or network availability.
Compatibility: It is your responsibility to verify that the System is compatible with your smartphone or tablet. Lack of compatibility is not a valid claim under the Silent Beacon warranty and does not otherwise constitute a basis for receiving a refund after the thirty (30) day period. Your Alerts, internet and cellular service may be limited by your network operator or your device.
Mobile Network Delivery: You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control and influence of SBL. You agree that SBL is not responsible for your use of the System outside of our servers and we are not responsible or liable for problems arising in the network. SBL’s responsibility is to use commercially reasonable efforts to maintain the System hereunder. YOUR ALERTS, INTERNET AND CELLULAR SERVICE MAY BE LIMITED BY YOUR OPERATOR OR YOUR SMARTPHONE OR TABLET.