Terms of Service
By accessing or using Silent Beacon, LLC’s (“SBL”) mobile applications (“the Apps”), or other additional services and features to which you may subscribe for additional fees (the “Services”) owned or operated by SBL (also referred to as “We”, “Us”, or “the Company”) or Device, you are accepting and agreeing to be bound by the terms and conditions set forth below, which may be modified by us in our sole discretion from time to time (the “Terms”)and you shall be bound by any modified Terms. Because our Apps, Services and Devices continue to evolve, we may change or discontinue all or any part of the Apps, Services and Devices, at any time and without notice, in our sole discretion.
IMPORTANT: NOT A REPLACEMENT FOR 911.
The Silent Beacon Apps, Services and Device 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 App or Device shows connectivity, we do not guarantee, and have no control over, whether any alerts, messages, emails, push notifications or any other service will be delivered real-time to, immediately accessed by, or responded to by, any recipient or emergency responder.
Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of our App on a single mobile device that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes. You realize that the App may not function correctly if not up to date. We reserve all rights in and to the App and Services. You may not: (i) copy, modify or create derivative works based on the App or Services; (ii) distribute, transfer, sublicense, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App or Services available to multiple users through any means.
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 are concluded between Us, and not with the Stores, and that We (not the Stores), are 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.
The Stores are a third party beneficiary of these Terms and has the right to enforce these Terms 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.
Creating an Account
In order to use certain features of our App and Services and Devices, you must have an account with Us. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or username of any other user; (b) allow someone else to use your account or username; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).
As a user of the App, Services and Device you will be obligated to register and establish an account. You are solely responsible for maintaining the confidentiality and security of your own account, including, without limitation, your user name, phone number and email address and the information you add of others. You should not reveal your account information, login or any codes sent to you to anyone, nor should you use anyone else’s account. You are entirely responsible for all alerts and activity that occur on or through your account including calls placed to emergency personnel. We shall not be responsible for any losses or damages arising out of the unauthorized use of your account.
The Apps, Services and Device require that children under the age of eighteen (18) years old require permission from their parents or guardians before using the Services. 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 Services.
Alerts, Messages and Notifications
As part of the Apps, Services and Device we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages (the “Alerts”) directly sent to you outside or inside the App or Device (“Alerts”). You have control over the Alerts and their respective settings and weather they are turned on or off, and can opt in or out of these Alerts (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Alerts depending on the message plan you have with your wireless carrier. You understand and agree that management of the amount of Alerts transmitted through the Apps, Services and Device are your own responsibility. The Company may, at its sole discretion, provide a mechanism for opting out of the Alerts, such as by removing the phone numbers for all your contacts, including emergency responders, in the profile page of the App or adding Services if it finds abuse or a limit of Alerts has been reached.
Cost and Delivery of Alerts
You understand and acknowledge that your use of the App and Services providing these Alerts, such as from a mobile device or computer, 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 service delivery, additional alerts, data transfer and cellular usage. Cellular data rates may apply; please consult your network service provider for more information. You understand that you are solely responsible to maintain, and pay any and all costs related to, your cell phone and any and all Alerts.
Laws and Problems
The App, Services and Device (i) are subject to all applicable laws, rules, regulations, policies and tariffs (collectively “Laws”), and (ii) may be subject to transmission limitations, delays and other problems inherent in the use of any communication path including, without limitation, the failure, malfunction or interruption of any communication path due to human or natural causes including, without limitation, telephone, cellular, radio, global positioning system, location services, satellite and internet connectivity problems or provider problems, radio, satellite or cellular transmission interference caused by, among other reasons, atmospheric or topographical conditions, and force majeure events (collectively “Problems”). The Company is not responsible for or liable for any delays, delivery failures, loss or damage resulting from Laws or Problems.
In order for Silent Beacon to function normally, you acknowledge that you have verified the compatibility of our product(s) with other required equipment. This may or may not include smartphone(s) with updated operating systems, Bluetooth 4.0 enabled device(s), GPS turned on or cellular service. Furthermore, you understand lack of compatibility is not a valid clam under the Silent Beacon warranty and does not otherwise constitute a basis for receiving a refund after the 30 days.
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 the Company. You agree that the Company is not responsible for your use of the Apps, Services and Device outside of our servers and we are not responsible or liable for problems arising in the network. The Company’s responsibility is to use commercially reasonable efforts to maintain the Apps and Services. YOUR ALERTS, INTERNET AND CEULLUAR SERVICE MAY BE LIMITED BY YOUR OPERATOR OR YOUR DEVICE.
You agree and accept that your use of the App, Services and Alerts may be limited by your network operator or by the capabilities or capacities of your smartphone. You are responsible for checking to see if your mobile plan includes SMS text messaging, data, push notifications, emails, cellular service and other Alerts that our Services use.
Furthermore, 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 acknowledge and agree that the Apps, Service and Alerts 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 our Services.
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 Services (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 our Services. You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms.
We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our App or Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
You agree not to and you will not permit any third party to do any of the following:
Use the App, Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Use the App or Services to send altered, deceptive or false sourcing-identifying information;
Use the App or Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
Intercept or “sniff” the communication packets between any Silent Beacon devices (the “Device”) hardware and mobile devices or attempt to reverse engineer the Device, App or Services Bluetooth Low Energy profile or protocol;
Take any action that might compromise the security of the Device, App or Services, render the Device, App or Services inaccessible to others or otherwise cause damage to the Device, Services or App;
Add to, subtract from, or otherwise modify any content provided in connection with the App(s), or access any content provided in connection with the App(s) that is not intended for you;
Use the Device App, or Services in any manner that might interfere with the rights of third parties, engage in excessively high volume data transfers or bandwidth use, including by hosting a web server, internet relay chat server or any other server via any use of the App(s), or attempt any of the foregoing;
Access, tamper with, or use non-public areas of the Services, The Company’s computer systems, servers, or the technical delivery systems of the Company’s providers;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing or use any malicious use, programs or techniques in connection with the App or Services or attempt to overload or crash the App or Services;
Attempt to access or search the App, Services or Content or download Content from the App or Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Company or other generally available third party web browsers;
Submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
It is our policy to remove, or disable access to, material that infringes any copyright on our App or Services 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 Services in a way that constitutes copyright infringement, please provide our copyright agent 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 Services;
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;
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 Copyright Agent either via email at tech01(at)silentbeacon.com or by mail addressed at the end of this document.
Third Party Links
Our App and Services may contain links to content or services provided by third parties (“Third Party Links”). These Third Party Links are not under our 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 and policies, including privacy and data gathering practices.
You acknowledge that all intellectual property rights in our Device, App and Services, including the underlying software and technology and the information and content available on our Device App and Services, are owned by the Company and our suppliers (including other users), and are protected by law throughout the world. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Device, App or Services (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our App or Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments, your access and content to our App and Services will be deleted and you will have no further right to access any of the foregoing or your account.
No Warranty; Disclaimers
YOU ACCEPT THE APPS, SERVICES AND DEVICE “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 APPS AND SERVICES ARE AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY ARISING FROM YOUR USE OF THE APPS AND THE SERVICES.
THE APPS, SERVICES AND DEVICE ONLY WORK WHERE THE USER’S MOBILE PHONE HAS NETWORK CONNECTIVITY, BLUETOOTH CONNECTIVITY AND CELLULAR ACCESS. IN ADDITION, THE APPS, SERVICES AND DEVICE MAY BE TEMPORARILY INTERRUPTED, REFUSED, OR LIMITED AT ANY TIME BECAUSE OF TRANSMISSIONS LIMITATIONS CAUSED BY THIRD PARTY NETWORK, CARRIER, ATMOSPHERIC AND TOPOGRAPHICAL FACTORS OUTSIDE OF SBL’S OR SERVICE PROVIDER’S CONTROL, OR EQUIPMENT MODIFICATIONS, UPGRADES, REPAIRS OR SIMILAR OTHER ACTIVITIES. INDIVIDUAL DATA TRANSMISSIONS MAY BE INVOLUNTARILY DELAYED FOR A VARIETY OF REASONS, INCLUDING THE ABOVE, WEAK BATTERIES, SYSTEM OVER-CAPACITY, AND THE END USER’S MOVEMENT OUTSIDE OF THE CARRIER’S SERVICE AREA.
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 APPS, SERVICES AND DEVICE, (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 APPS, SERVICES AND DEVICE ARE INTENDED TO AVERT OR ASSIST, AND (IV) BECAUSE OF THE UNIQUE NATURE OF THE APPS, SERVICES AND DEVICE, THE PARTIES HAVE AGREED THAT SBL’S LIABILITY SHOULD BE LIMITED IN ACCORDANCE WITH THE PROVISIONS OF THESE TERMS.
6.2 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 APPS, SERVICES AND DEVICE OR THE PERFORMANCE OR NONPERFORMANCE OF APPS, SERVICES OR DEVICE, 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 USE OF, OR INABILITY TO USE, THE APPS, SERVICES, OR DEVICE OR THE PERFORMANCE OR NONPERFORMANCE OF APPS, SERVICES OR DEVICE.
6.3 SBL’S MAXIMUM AGGREGATE LIABILITY TO CUSTOMER AND ANY THIRD PARTY SHALL BE LIMITED TO THE FEES PAID BY YOU FOR THE APPS OR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM FIRST ACCRUED.
THE COMPANY IS NOT AN INSURER.
YOU AGREE THAT THE COMPANY IS NOT AN INSURER OF YOUR PROPERTY OR THE PERSONAL SAFETY OF PERSONS USING A SILENT BEACON PRODUCT, THEIR SILENT BEACON CONTACTS, OR THOSE AROUND ANY SUCH PERSON. THE PRICE SILENT BEACON CHARGES FOR A SILENT BEACON DEVICE AND/OR ANY ASSOCCIATED SERVICES REFLECT THE VALUE OF THE GOODS AND/OR SERVICES WE PROVIDE AND NOT THE VALUE OF YOUR PREMMISES OR ITS CONTENTS OR ANY LOSSES ASSOCIATED WITH PERSONAL INJURY OR DEATH. INSURANCE, IF ANY, COVERING PERSONAL INJURY AND PROPERTY LOSS OR DAMAGE ON THE PERSON OR PREMISES OR ANY PERSON SHALL BE OBTAINED BY SUCH PERSON FROM A THIRD PARTY.
You agree that any dispute between you and the Company arising out of or relating to these Terms, the App, Services, or any other of the Company’s products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Maryland without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to try to resolve the Dispute informally by contacting us at our website, address or toll free number. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or the Company may bring a formal proceeding.
We Both Agree To Arbitrate: You and the Company agree to resolve any Disputes through final and binding arbitration, except as set forth below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting us within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Rockville, Maryland, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. The Company will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or the Company may assert claims, if they qualify, in small claims court in Rockville, Maryland or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Silent Beacon Device, Silent Beacon App or Silent Beacon Services, 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 the Company on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and the Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Rockville, Maryland. Both you and the Company consent to venue and personal jurisdiction there, and service of process through first-class or overnight mail. We both agree to waive our 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 Silent Beacon Device, Silent Beacon App or Silent Beacon Services 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.
User Representations and Warranties
These Terms constitute the entire agreement between you and the Company with respect to the subject matter and supersedes any prior understandings and agreements. These Terms 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 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 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, or any order accepted by the Company hereunder, in whole or in part, by operation of law or otherwise, without the Company’s express prior written consent. Any attempt to do so, without the Company’s consent, will be null and of no effect. The Company may freely assign these Terms.
The Company will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
The failure by the Company will not be responsible for any failure or delay in its performance under these Terms to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
This Terms of Service Policy was last updated November 2022.