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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”), if applicable, Monitoring Services (as hereinafter defined) and related maintenance and support services (“Support Services”).  If you do not agree with these Terms of Service, please do not purchase or use the System.  By registering your account on the App, you agree that the Terms of Service constitute a binding legal agreement between you and SBL.

IMPORTANT: NOT A REPLACEMENT FOR 911

The System is 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 the System 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 in real-time, immediately accessed by or responded to by any recipient or emergency responder.

Children

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, and that you consent to your child using the System and such use is under your supervision and you agree to be bound by these Terms of Service on behalf of your child and yourself.  You are fully responsible for the acts of your child in relation to the System.  In such case, all references herein to “you” shall mean “you on behalf of your child” or “your child” as appropriate in the context of the sentence.  Additionally, all references herein to “your” shall mean “your child’s”.

Changes to these Terms of Service

SBL is free to revise these Terms of Service at any time by updating this page.  By continuing to use the System after such changes, you are expressing your acknowledgement and acceptance of the changes.  Please check these Terms of Service periodically for updates.

We are always trying to improve the System, so it may change over time.  We may suspend or discontinue any part of the App or services provided hereunder, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the App or any services provided hereunder.  Similarly, we reserve the right to remove any Content (as hereinafter defined) from the System at any time, for any reason, in our sole discretion and without notice.  We may change any aspect of the System, at any time and for any reason in our sole discretion.

We are also free to terminate (or suspend access to) your use of the System or your account, for any reason at our discretion, including your breach of these Terms of Service.  We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Service.

Setting Up an Account

You will be required to sign up for an account and select a password and username (“User ID”).  You promise to provide us with accurate, complete and updated registration information about yourself.  You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person.  Also, you will not share your account or password with anyone, and you must protect the security of your account and your password.  You are responsible for any activity associated with your account.

Account Security

As a user of the App and any services provided hereunder 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 username, 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 from the unauthorized use of your account.

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:

  1. these Terms of Service are concluded between SBL and you, the consumer, and not with the Stores, and that SBL (not the Stores), is solely responsible for the App;
  2. the Stores have no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims;
  3. 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
  4. 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.

License

Subject to your compliance with these Terms of Service, we grant you a limited non-exclusive, non-transferable license to download, install, and run the App on  your smartphone or  tablet solely for your own personal non-commercial purposes.   We reserve all rights in and to the System not expressly granted to you under these Terms of Service. We retain all ownership of, and all intellectual property rights in, the System, including but not limited to all patents, trademarks, copyrights, trade secrets and other proprietary or intellectual property rights.  You shall acquire no rights therein other than those limited rights of use specifically conferred by this license.

Restrictions on Use

You represent, warrant and agree that you shall not:

  1. modify or create derivative works of the System, or any portion or component thereof; (b) copy, frame or mirror any features or functionality of the System;
  2. reverse engineer any functionality of the System;
  3. access the System, or any portion thereof, in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of any module or functionality;
  4. use the System to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
  5. use the System to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs;
  6. interfere with or disrupt the integrity or performance of the System or third-party data contained therein;
  7. attempt to gain unauthorized access to the System or its related systems or networks; (i) use the System for timesharing or service bureau purposes or otherwise for the benefit of a third party;
  8. transmit or disseminate unsolicited material, including without limitation, “junk mail” or “unsolicited bulk e-mail”, or other advertising material to end users that have not specifically agreed to receive such material by either opting or not opting out in a lawful manner;
  9. excessive use of the System for non-emergency communications;
  10. permit any third party to use the System for any commercial purpose or for the benefit of any third party;
  11. distribute, resell, transfer or allow any other individual to use the Beacon;
  12. remove any labels, warnings or marks on the Beacon; or
  13. tamper, decompile, reverse engineer, or otherwise attempt to derive any source code or underlining ideas or algorithms of any party of System.

Additional Prohibitions

You represent, warrant, and agree that you shall not, and you will not permit any third party to, do any of the following:

  1. use the App, any service provided hereunder or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Service;
  2. use the App or any service provided hereunder to send altered, deceptive or false sourcing-identifying information;
  3. use the App or any services provided hereunder to track the location of, or collect any personally identifiable information from, any other person without their express permission;
  4. take any action that might compromise the security of the Beacon, App or services provided hereunder, render the Beacon, App or services provided hereunder inaccessible to others or otherwise cause damage to the System;
  5. 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;
  6. use the Beacon, App, or any services provided hereunder in any manner that might interfere with the rights of third parties;
  7. 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;
  8. access, tamper with, or use non-public areas of the App, SBL’s computer systems, servers, or the technical delivery systems of the SBL’s providers;
  9. 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 any services provided hereunder or attempt to overload or crash the App or any services provided hereunder;
  10. attempt to access or search the App, any services provided hereunder or Content or download Content from the App through the use of any tool, Beacon or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the SBL or other generally available third party web browsers;
  11. submit or transmit any Content that:
    1. 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;
    2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    3. is harmful, fraudulent, harassing, false, misleading or deceptive;
    4. is defamatory, obscene, pornographic, vulgar or offensive;
    5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    6. is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
    7. promotes illegal or harmful activities or substances;
  12. violate any law, ordinance, or regulation, including privacy and other laws;
  13. violate the security of any computer network, or cracks any passwords or security encryption codes;
  14. run Maillist, Listserv, any form of autoresponder or “spam” on the App or System or any processes that run or are activated while you are not logged into the System, or that otherwise interfere with the proper working of the System; or
  15. “crawls,” “scrapes” or “spiders” any page, date or portion of or relating to the System or Content.

Alerts, Messages and Notifications

As part of the App and services 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 (“Alerts”). You have control over the Alerts and their respective settings and whether they are turned on or off (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 number of Alerts transmitted through the App  are your own responsibility. SBL 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 if it finds abuse or a limit of Alerts has been reached.

SMS/Text and Email Messaging

By using the System, you are opting-in to receive SMS/text messages from who you invite as your emergency contacts in the Silent Beacon App or from SBL. By consenting, you agree to receive SMS/text messages to the mobile phone number you provided to SBL. You certify that the mobile number you provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system, that standard message and data rates apply, and the frequency of messages may vary. The SMS/text messages may not be available on all carriers or compatible with all mobile phone models and carriers are not liable for any delayed or undelivered messages. Also, the availability of SMS/text messages may be impacted or restricted by the local laws, regulations or rules where you reside.  SBL is not responsible for any delays upon sending or receiving SMS/text messages and can change the SMS/text messages at any time. To opt-out from text messages at any time, reply “STOP” to any text message you receive through the System. You consent that following such a request to opt-out to SMS/text message communications, you may receive one final text message confirming your request. Please keep in mind that if you opt-out of receiving text messages, emergency contacts within the Silent Beacon App will no longer be able to send you SMS/text messages.

By providing SBL with your email address you consent to SBL’s use of your email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. SBL may also use your email address to send you other messages, such as changes to features of the System.

Cost and Delivery of Alerts

You understand and acknowledge that your use of the App providing these Alerts, such as from a mobile device or tablet, 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.

Privacy

Please refer to our Privacy Policy (https://silentbeacon.com/privacy-policy/) for information on how we collect, use, and disclose information from our users.

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 App 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 App and any services hereunder. YOUR ALERTS, INTERNET AND CEULLUAR SERVICE MAY BE LIMITED BY YOUR OPERATOR OR YOUR DEVICE.

You agree and accept that your use of the System and Alerts may be limited by your network operator or by the capabilities or capacities of your smartphone or tablet. 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, services 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 the necessary mobile network services required for our System.

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.

Enforcement

SBL has 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 for any reason, including if we believe, in our sole judgment, your Content violates these Terms of Service, 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 App (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 of Service. 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.

Copyright Policy

It is our policy to remove, or disable access to, material that infringes any copyright on our App  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 App in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. an identification of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on our App;
  4. your address, telephone number, and e-mail address;
  5. 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
  6. 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 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 of Service and policies, including privacy and data gathering practices.

Software Updates

From time to time, SBL may develop updates, upgrades, patches and other modifications to improve the performance of the System or for other reasons in our sole discretion (“Updates”). You agree that SBL may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.

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.

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.

The Monitoring Services consist solely of a Monitoring Call Center notifying the person(s), identified in advance by you in writing (the “Contact List”) and emergency response authorities (“First Responders”) upon the Monitoring Call Center’s receipt of a phone call from you reporting conditions that require assistance (a “Response Condition”) within a reasonable period of time (i) under the circumstances at Monitoring Call Center’s facilities, and (ii) the priority of the Response Condition as determined by the Monitoring Call Center upon receipt of the information.  Monitoring Call Center will use commercially reasonable efforts to determine the appropriate First Responder contact information, but SBL and Monitoring Call Center are relieved of all liability related to failure to obtain, obtaining and using the First Responder contact information, even if Monitoring Call Center or SBL is negligent in any such respect.  Customer understands, acknowledges and agrees that (i) following a Response Condition but before contacting any First Responders, Monitoring Call Center may, in its sole and absolute discretion and without any liability, contact or attempt to contact you or your Contact List as frequency as Monitoring Call Center deems appropriate to verify the need to notify First Responders of the Response Condition, and (ii) after receiving verbal advice from you, any person on the Call List, any person at or about the location, or any person who communicates with us through the system, to disregard the Response Condition, Monitoring Call Center may, in each case, and in its sole and absolute discretion and without any liability, refrain from contacting First Responders or advise First Responders of the receipt of such advice to disregard the Response Condition.

No Monitoring Services shall be rendered for (i) signals that have not been specified and defined in advance in writing by SBL, (ii) voice communication from you which, in the sole and absolute discretion of Monitoring Call Center, does not clearly reveal the necessity for services, or (iii) voice communication from you or any person on your behalf, which does not request assistance.  You are solely liable for any activation or use of the system and any costs, expenses, losses, damages and liabilities arising out of or from or related to Monitoring Services and actions requested of Monitoring Call Center in connection with this Agreement, even if you are not the one activating or using the system or making the request of Monitoring Call Center, and even if the activation or use of the system or the request of Monitoring Call Center is unauthorized by you.

Monitoring Call Center’s efforts to communicate with the Contact List or with First Responders shall be satisfied by (a) reporting of a Response Condition to any person on the Contact List or any First Responder, or (b) if efforts to communicate are unsuccessful, one attempt to contact (i) each person on the Contract List, and (ii) the applicable First Responder(s).  The Monitoring Services are only available in the United States.  The Monitoring Services ARE NOT A SUBSTITUTE FOR 9-1-1, and in fact, if Monitoring Call Center conferences in 9-1-1 emergency services on your behalf, there could be a delay in reaching 9-1-1 emergency services.

The Monitoring Services (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”).  Neither SBL nor Monitoring Call Center is responsible for or liable for any delays, delivery failures, loss or damage resulting from Laws or Problems. In addition, the number or frequency of communications from the system (including from improper installation of equipment, system or software) or from you may be deemed to be excessive transmissions by Monitoring Call Center in its sole and absolute discretion (“Excessive Communications”). Monitoring Call Center’s determination of Excessive Communications may result in the suspension or deactivation of all or certain methods of communication with a call services facility, in each case, as determined in the sole and absolute discretion of Monitoring Call Center and without any duty or liability of Monitoring Call Center or SBL of any kind as a result of any such suspension or deactivation even if Monitoring Call Center or SBL is negligent.

You have the sole responsibility to maintain, and pay all costs related to, your cell phone connected to the Beacon.  You are responsible for all alarm permits and permit fees, agree to file for and maintain any permits required by applicable law and indemnify or reimburse SBL for any fines relating to permits or false alarms.  SBL and Monitoring Call Center shall have no liability for permit fees, false alarms, false alarm fines, police or fire response, any damage to personal or real property or personal injury caused by policy or fire department response to an alarm, whether false alarm or otherwise, or the refusal of the police or fire department or other First Responder to respond.  In the event of termination of police or fire response by the municipal police or fire department, this contract shall nevertheless remain in full force and you shall remain liable for all payment provided for herein.  Should SBL be required by existing or hereinafter enacted law to perform any service or furnish any material not specifically covered by the Monitoring Service Terms, you agree to pay SBL for such service or material.  You shall pay, without any right to be reimbursed by Monitoring Call Center or SBL, all fines, fees, costs, expenses and penalties assessed against you, Monitoring Call Center or SBL by any court or governmental agency for the failure to comply with all laws applicable to you or the system, including, but not limited to, related to the use of the First Responders.

You authorize SBL to disclose and transfer to any third-party providing Monitoring Call Center services any and all information provided by you, including access to your account.  The Monitoring Call Center is a third-party beneficiary of these Monitoring Service Terms and has the right to enforce these Monitoring Service Terms against you.  You agree that SBL is authorized and permitted to subcontract any services to be provided by SBL to third parties who may be independent of SBL, and that SBL shall not be liable for any loss or damage sustained you by reason of fire, theft, burglary or any cause whatsoever caused by the negligence of third parties, except that SBL shall not obligate you to make any payments to such third parties. You appoint SBL to act as your agent with respect to such third parties, except that SBL shall not obligate you to make any payments to such third parties.

SBL may terminate Monitoring Services without cause, in which case we will give you notice 30 days prior to the effective date of termination after which your  account will be deactivated and Monitoring Services will terminate.  This means that we can decide to cease providing the Monitoring Services to you at any time and for any reason, even for reasons unrelated to your account with SBL.  Also, SBL may terminate your Monitoring Services without prior notice to you for any good cause.  This means, for example, SBL can terminate  Monitoring Services immediately if you breach any part of these Monitoring Service Terms or other agreements between you and SBL, you fail to pay amounts that are due to SBL, you interfere with SBL’s efforts to provide Monitoring Services, interfere with SBL’s business, or if your Monitoring Services or wireless phone number is used for illegal or improper purposes.  You shall not have any right to have the Monitoring Service reactivated, even if you cure any of these problems.  Whether SBL allows you to have Monitoring Services again will be entirely up to SBL.  SBL can suspend your Monitoring Services for any reason.  SBL can also suspend Monitoring Services for network or system maintenance or improvement, of if there is network congestion, or if SBL suspects your Monitoring Services are being used for any illegal, improper or unauthorized purpose.

You may only use the Monitoring Services for your own personal safety. Only you may use the Beacon to call the Monitoring Call Center.   You hereby consent to the Monitoring Call Center recording, storing and using the contents of all signals and all communications, including but not limited to, the geolocation of your Beacon and mobile device, in the ordinary course of the Monitoring Call Center’s business pursuant to these Monitoring Service Terms, including sharing that information with your Contact List, SBL and First Responders.

The Monitoring Call Center’s and SBL’s obligations hereunder are suspended automatically without notice to you and Monitoring Call Center, SBL and their representatives are released for and from all expense, loss or damage to you in the event (i) the Monitoring Call Center or SBL, any facilities necessary to operate the Monitoring Call Center or SBL, or any equipment, network or technology used to transmit data or voice to or from the Monitoring Call Center or SBL, is destroyed, damaged, malfunctions or is inoperable for any reason whatsoever, or (ii) force majeure.

BEACON HOLDER ACKNOWLEDGES AND AGREES THAT UNLESS NOTIFIED IN WRITING TO THE CONTRARY, IT IS SBL’S AND BEACON HOLDER’S SPECIFIC INTENT THAT ALL MEDICAL ALERT SIGNALS SHALL BE DEEMED BY THE PARTIES TO BE GENERAL EMERGENCY SIGNALS (HEREINAFTER “GENERAL EMERGENCY SIGNALS”) AND NOT SIGNALS DENOTING ANY SPECIAL MEDICAL EMERGENCY REQUIRING MONITORING CALL CENTER TO CONTACT OR DISPATCH ANY MEDICAL, HOSPITAL, AMBULANCE, OR OTHER LIKE ENTITY, PERSON OR SERVICE (HEREINAFTER “MEDICAL ASSISTANCE”). BEACON HOLDER AGREES TO NOTIFY MONITORING CALL CENTER AND SBL IN WRITING OF THE APPROPRIATE LOCAL AUTHORITY TO CALL IN THE EVENT OF A GENERAL EMERGENCY SIGNAL. IN THE ABSENCE OF ANY WRITTEN INSTRUCTION, BEACON HOLDER AGREES THAT MONITORING CALL CENTER MAY IN ITS SOLE JUDGMENT DETERMINE THE APPROPRIATE NUMBER TO CALL. NOTHING IN THIS PARAGRAPH TO THE CONTRARY WITHSTANDING, IF SBL AND/OR BEACON HOLDER HAVE MADE A PRIVATE ARRANGEMENT FOR RESPONSE TO A GENERAL EMERGENCY SIGNAL, AS LONG AS THERE IS NO LAW, STATUTE, OR PUBLIC POLICY PRECLUDING SUCH AN ARRANGEMENT IN THE LOCAL JURISDICTION, MONITORING CALL CENTER WILL FOLLOW SBL’S OR BEACON HOLDER’S WRITTEN INSTRUCTIONS WITH REGARD TO SUCH RESPONSE ARRANGEMENT. IN NO EVENT WILL MONITORING CALL CENTER BE RESPONSIBLE FOR THE COST OF ANY SUCH RESPONSE PLAN.

Cancel Subscription or Close Account

You may 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 Support Services and/or Monitoring 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 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 will be deleted, and you will have no further right to access any of the foregoing or your account. Additionally, you may cancel your Subscription or close your account at any time and request deletion of your personal information through the App by clicking on “Settings”, then “My Information”, and by 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. In general, it may take up to five (5) business days to process a cancellation request so we would recommend notifying us at least one week before the end of the current billing period. Your cancellation will take effect at the end of that billing period.

Limited Warranty

Please refer to SBL’s Warranty and Return Policy (“Limited Warranty”) which may be found at https://silentbeacon.com/warranty-and-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 ITS USE OF THE SYSTEM. YOU SHALL ENSURE THAT IT AND ITS END USERS SHALL ONLY BE ABLE TO USE THE BEACONS IN DIRECT CONNECTION WITH THE SYSTEM AND FOR NO OTHER PURPOSE.

THE SYSTEM ONLY OPERATES WHEN BEACONS ARE IN OPERATING RANGE OF THE USER’S MOBILE PHONE AND WHERE THE USER’S MOBILE PHONE HAS NETWORK CONNECTIVITY, BLUETOOTH CONNECTIVITY AND CELLULAR ACCESS. IN ADDITION, THE SYSTEM AND BEACON CONNECTIVITY TO THE SYSTEM 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.
 
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.

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 A PRODUCT OR SERVICE 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, CONSOLODATED OR REPRESENTATIVE ACTION. CLASS ARBIRTRATIONS, 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 or 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.

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 20850

These Terms of Service were last updated March 27, 2025.

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