By accessing or using the devices, applications and services owned or operated by Silent Beacon LLC (“Silent Beacon”), whether through our software app (“App”) or website (our “Services”), and our Silent Beacon device (our “Device”) you are accepting and agreeing to be bound by the terms and conditions set forth below (these “Terms”).
We may modify the Terms at any time, in our sole discretion. If you continue to use the Services after we’ve notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may no longer use the Device, App or Services. Because our Services and App continue to evolve, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.
IMPORTANT: NOT A REPLACEMENT FOR 911. The Silent Beacon Services, App 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 Device and Smartphone app show connectivity, Silent Beacon does not guarantee and has no control over whether any alerts, messages, emails, push notifications or any other service will be delivered real-time, immediately accessed by or responded to by any recipient or emergency responder.
Subject to your compliance with these Terms, Silent Beacon 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 not expressly granted to you under these Terms. 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 Device; 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 (an “App”), you acknowledge and agree that:
These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App.
The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims.
The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.
The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store’s terms of service when using our App.
Creating an Account
In order to use certain features of our App and Services, 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 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 Services 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 Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App (“Alerts”). You have control over the Alert settings, and can opt in or out of these Alerts through the Services (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 Alert transmitted through the Service is your own responsibility. Silent Beacon 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 In App Purchases once a limit of Alerts has been reached.
Cost and Delivery of Alerts
You understand and acknowledge that your use of the Services providing these Alerts, such as from your mobile device, 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, Alerts, data transfer and cellular usage. Cellular data rates may apply; please consult your network service provider for more information.
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 Silent Beacon. You agree that Silent Beacon is not responsible for your use of the Service outside of our servers and we are not responsible or liable for problems arising in the network. Silent Beacon’s responsibility is to use commercially reasonable efforts to maintain the Services and Apps. YOUR ALERTS AND SERVICE MAY BE LIMITED BY YOUR OPERATOR OR YOUR DEVICE.
You agree and accept that your use of the 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 Service uses.
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, Alerts and Service 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 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 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 Services to send altered, deceptive or false sourcing-identifying information;
Use the 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 the Silent Beacon hardware and mobile devices or attempt to reverse engineer the Silent Beacon Bluetooth Low Energy profile or Silent Beacon protocol;
Take any action that might compromise the security of the Services or App, render the Services or Apps inaccessible to others or otherwise cause damage to the 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 Services or App 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, Silent Beacon’s computer systems, servers, or the technical delivery systems of Silent Beacon’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 Apps/Services or attempt to overload or crash the Services or App;
Attempt to access or search the Services or Content or download Content from the 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 Silent Beacon 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 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 to Silent Beacon LLC – 12001 Glen Road, Potomac, MD 20854
Third Party Links
Our 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 Services, are owned by us 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 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 Services will be deleted and you will have no further right to access any of the foregoing or your account.
Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE DEVICE, APP OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE DEVICE, APP OR SERVICE, IS LIMITED TO THE AMOUNT PAID BY YOU FOR DEVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE.
IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, SHALL SILENT BEACON, ITS DISTRIBUTORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE ANY SILENT BEACON DEVICE, APP OR SERVICE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS OF VALUE OF THE SILENT BEACON DEVICE OR ANY THIRD PARTY PRODUCTS THAT ARE USED WITH THE SILENT BEACON DEVICE, OR LOSS OF USE OF THE SILENT BEACON DEVICE OR ANY THIRD PARTY PRODUCTS THAT ARE USED WITH THE SILENT BEACON DEVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF SILENT BEACON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF SILENT BEACON AND ANY OF ITS DISTRIBUTORS AND/OR SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SILENT BEACON DEVICE GIVING RISE TO LIABILITY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
FOR END USERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR JURISDICTION OF PURCHASE OR RESIDENCE, THE BENEFITS TO THE END USER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF THE END USER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THIS DEVICE AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO THE END USER IN ANY STATE, PROVINCE OR COUNTRY AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH END USER RIGHTS OR BENEFITS IS NOT APPLICABLE TO END USERS COVERED BY SUCH LAW OR REGULATION, SO THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO YOU.
FURTHER EXCLUSIONS AND LIMITATIONS; SILENT BEACON IS NOT AN INSURER
YOU AGREE THAT SILENT BEACON 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.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions or limitations may not apply to you.
THE SILENT BEACON SERVICE, 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 SILENT BEACON’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SILENT BEACON SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO SILENT BEACON FOR USE OF THE SILENT BEACON SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SILENT BEACON, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SILENT BEACON AN YOU.
You agree that any dispute between you and Silent Beacon arising out of or relating to these Terms of Service, the SILENT BEACON Service, or any other Silent Beacon 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 Silent Beacon, you agree to try to resolve the Dispute informally by contacting firstname.lastname@example.org. 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 Silent Beacon may bring a formal proceeding.
We Both Agree To Arbitrate: You and Silent Beacon 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 email@example.com 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. Silent Beacon 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 Silent Beacon 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 Silent Beacon 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 Silent Beacon 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 Silent Beacon 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 us 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 of Service, or any order accepted by Silent Beacon hereunder, in whole or in part, by operation of law or otherwise, without Silent Beacon’s express prior written consent. Any attempt to do so, without Silent Beacon’s consent, will be null and of no effect. Silent Beacon may freely assign these Terms of Service.
Silent Beacon will not be responsible for any failure or delay in its performance under these Terms of Service 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 Silent Beacon will not be responsible for any failure or delay in its performance under these Terms of Service to enforce any provision of these Terms of Service 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 tech01(at)silentbeacon.com
This Terms of Service Policy was last updated September, 2016.