Terms of Use Agreement

Terms Of Use Agreement

Last Updated:  January 15, 2024

These Terms of Use are a legal agreement between eBodyGuard, L.L.C. (“eBodyGuard”) and you and govern your access and use of the eBodyGuard application and websites. Please read this Terms of Use Agreement (Agreement) fully before clicking “I Agree” below, downloading or using the My eBodyGuard App or My eBodyGuard Portal. By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

License

eBodyGuard, L.L.C. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

General Terms

You must be at least 13 years old to use the My eBodyGuard App or My eBodyGuard Portal. If you are under 13 years old, or over 13 years old but considered a minor where you live, you must have your parent or legal guardian’s permission to utilize the My eBodyGuard App. Your use thereof will confirm that your parent or legal guardian has accepted this Term of Use Agreement and approve your use of the My eBodyGuard App. For purposes of this Agreement, the words “you”, “your” or other like terms shall refer to the party agreeing to this Agreement and to any person or entity who uses eBodyGuard. Accordingly, the person agreeing to this Agreement represents and warrants for himself or herself, and on behalf of any third party he or she purports to act for and any person or entity that uses eBodyGuard, that he or she is duly authorized on his or her own behalf and on behalf of any such third party to enter into and comply with this Agreement. You consent to the release of any data input by you on the My eBodyGuard App to law enforcement or any affiliated agency, with or without any subpoena or court order, for investigative or any other lawful purposes. eBodyGuard shall not, without your permission, share such information with any other third-party unless required by a Court order. Should you become incapacitated or die, you agree that eBodyGuard may continue to retain and utilize such data as noted herein without any further action required thereto.

Changes to this Agreement

eBodyGuard reserves the right to change this Agreement at any time, including but not limited to changing the charges associated with the use of the My eBodyGuard App. eBodyGuard will give you notice of such changes by posting the revised Agreement at www.ebodyguard.org/terms. It is your responsibility to ensure that you are aware of the current Agreement at all times. If we make any changes to this Agreement, we will change the “last updated” date above. By continuing to use the My eBodyGuard App or My eBodyGuard Portal, you agree to the revised Agreement.

eBodyGuard Additional Terms

Standard-rated text messages are part of the My eBodyGuard App. For example, text messages are sent to your Bodyguards when the Call 911 button is pressed or when voice activation is triggered. Messaging and data rates may apply depending on the terms of your individual mobile service plan. To subscribe to the My eBodyGuard App, you can download our app from various app stores and follow setup instructions inside the app, or go to eBodyGuard.org for more information. To cancel a subscription, remove the app from the phone. To get help, email us at contact@ebodyguard.org.

Charges

When you register for the My eBodyGuard App, you will be given an opportunity to select the term of the subscription (monthly or annual). eBodyGuard may also offers enhanced services at an additional price. As we upgrade and add functions to the My eBodyGuard App, pricing changes may occur. We will notify the user of any changes to such subscription and the effective date of such changes.

To sign up, you will be required to provide us with your iTunes/Apple ID and password, credit card or PayPal account information to enable eBodyGuard to automatically (either monthly, annually or at other agreed upon intervals) charge your iTunes account, credit card or PayPal account. These charges will be applied to your iTunes account, credit card or PayPal account in advance of the period in which the services are to be provided or made available to you. For example, if the service offerings you select have a monthly billing cycle, we will charge your iTunes account, credit card or PayPal account at the beginning of the applicable month for the entire month. If the service offerings you select have a yearly billing schedule, we will charge your iTunes account, credit card or PayPal account at the beginning of the applicable year for the entire year.

If eBodyGuard decides to cancel a service offering for which you have prepaid, unless such cancellation is as a result of your breach of these Terms of Use, eBodyGuard shall, in its sole discretion, refund the portion of the services which is unused or credit your account for the use of other service offerings. However, no prepaid charges shall be refundable to you should you terminate or cancel your account with eBodyGuard.

By registering for the My eBodyGuard App and agreeing to these Terms of Use, you hereby authorize Mobile Software to charge your iTunes account, credit card or PayPal account on file with us for the intervals agreed to upon your selection.

You agree to maintain the accuracy, completeness and effectiveness of your billing information (including without limitation ensuring an active iTunes account, credit card or PayPal account with sufficient credit to make payments of all amounts due is authorized and included in the billing information) and to immediately make appropriate changes to your account of any changes to such iTunes account, credit card, PayPal account or other billing information. Should you fail to do so, eBodyGuard shall have the right to immediately terminate or cancel your access to the My eBodyGuard App without notice to you and shall have no liability to you or any third party for doing so.

eBodyGuard is committed to making all rates and charges visible and predictable to you. You acknowledge and accept, however, that Mobile Software may change the charges associated with your use of the My eBodyGuard App and that, dependent on your mobile service plan, your mobile network service provider may charge you additional fees for the use of the My eBodyGuard App.

Partners/Third Party Sites

eBodyGuard treats your data and privacy seriously and incorporates such considerations in its discussions with every partner. eBodyGuard’s measures include it being FBI CJIS, HIPAA, FERPA and COPPA compliant. eBodyGuard cannot guarantee such compliance extends to its partners and disclaims any liability related thereto.

In addition, the My eBodyGuard App may contain links to other websites and mobile services (“Linked Sites” and “Linked Services”). The Linked Sites and Linked Services are not under the control of eBodyGuard and eBodyGuard is not responsible for the content of any Linked Site or the operation of any Linked Service, including without limitation any link contained in a Linked Service or on a Linked Site, or any changes or updates to a Linked Site or Linked Service.

eBodyGuard is not responsible for either the quality or character of webcasting or any other form of transmission received from any Linked Site or Linked Service. eBodyGuard provides links to Linked Sites and Linked Services solely as a convenience, and accordingly, your access to or use of a Linked Site or Linked Service is at your sole risk. The inclusion of any link on the My eBodyGuard App to a Linked Site or Linked Service does not imply endorsement by eBodyGuard of the Linked Site or Linked Service or any association with its owners or operators. You should always read the privacy policy of a third-party website before providing any information to the website.

Use of the My eBodyGuard App

As a condition of your use of the My eBodyGuard App, you warrant that you will not use the My eBodyGuard App for any purpose that is a violation of any local, state or federal ordinance, statute or law or prohibited by these Terms of Use.

You may not use the My eBodyGuard App in any manner which could damage, disable, overburden, or impair the My eBodyGuard App or interfere with any other party’s use and enjoyment of the My eBodyGuard App or My eBodyGuard Portal.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for your use through the My eBodyGuard App orMy eBodyGuard Portal.

The My eBodyGuard App may contain Voice-over-IP based communications, SMS based communications, data sync service, application download services, photo/video capabilities, chat support services, positioning services through GPS or triangulation technology, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with eBodyGuard, other users of the My eBodyGuard App, or the public at large (collectively, “Communications”.) You agree to use the Communications only to post, send and receive messages and material that are proper and related to the My eBodyGuard App. You agree that you shall NOT:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Locate another user through our location finder without their consent, unless the other user is a minor of whom you are a parent or legal guardian or a third-party administrator authorized by a parent or legal guardian to locate through our location finder.
  • Locate another user through our location finder if applicable laws or court orders do not permit you to locate digitally even after consent has been granted.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communications specifically allows such messages.
  • Conduct or forward surveys, sweepstakes, contests, promotions, pyramid schemes or chain letters.
  • Use the My eBodyGuard App or Communications for any purpose other than personal safety purposes. The My eBodyGuard App may not be sold, rented or otherwise commercialized with third parties.
  • Register for more than one account or register for an account on behalf of an individual other than yourself or your child.
  • Download any file posted by another user of a Communication that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying any of the Communications.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communications.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Violate any applicable state, local or federal laws or regulations.
  • Remove, alter, obscure, destroy, or attempt to circumvent any notices, proprietary marks or codes, means of identification, digital rights management tools or information included in or related to the Mobile Software Services.
  • Reverse engineer, disassemble, decompile, convert into human-readable format, or otherwise attempt to derive the source code of any software included in or related to the My eBodyGuard App.
  • Copy any ideas, features, functions or graphics included in or related to the eBodyGuard Versatile app.
  • Make intentional false calls to law enforcement. Intentional false calls to law enforcement is a crime and eBodyGuard will cooperate fully with law enforcement to prosecute such abuses.

eBodyGuard has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Should there be a violation of the law, eBodyGuard will involve and cooperate with law enforcement authorities in prosecuting users who violate the above.

Given the nature of the My eBodyGuard App as a personal safety tool, you hereby agree that eBodyGuard may share any Communications and data collected by the My eBodyGuard App, including any videos, audio recordings, 911 calls, location information, Safety Card information or any other data or Communications made by you containing any other information or that are threatening in nature that may suggest imminent danger to you or another, with law enforcement, applicable school or public facilities and parents (if you are under the age of 18) without any further consent or authorization from you. Your use of the My eBodyGuard App acts as such authorization. Nevertheless, eBodyGuard shall not be liable to you or any third party for any acts, events, injuries, death, etc. that occurs as a result of any act by you or any other party, whether or not any information was or could have been shared under this paragraph.

In addition, and in order for eBodyGuard to comply with state and federal evidentiary rules and laws, you authorize eBodyGuard to retain and provide all data collected through the My eBodyGuard App and the My eBodyGuard Portal to law enforcement and investigators of any crime to which such data may be affiliated with, even after you terminate your Account and/or delete the My eBodyGuard App. You acknowledge that eBodyGuard is subject to such laws and will respond accordingly, even if you are not an active user or account holder under the My eBodyGuard App.

Unlike traditional 911 emergency calls, eBodyGuard works on Voice Over Internet Protocol (VOIP). The VOIP or any portion of the transmission or receipt of a VOIP communication may be provided by a third party or rely upon third party performance. In such event, you further acknowledge that eBodyGuard shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the My eBodyGuard App to properly operate with the third party VOIP provider, other third party errors or omissions related to such communication or from any errors occurring from the VOIP provider as a result of your use of the My eBodyGuard App.

By using the My eBodyGuard App you acknowledge that eBodyGuard shall have no liability to you or to any third party arising as a result of the voice activation or data or call transmission failing to perform in the manner in which it was intended.

eBodyGuard has no obligation to monitor the Communications. However, eBodyGuard reserves the right to review the use of and/or materials posted to a Communication and to remove any materials in its sole discretion at any time. eBodyGuard reserves the right to suspend or terminate your access to the eBodyGuard app or any or all of the Communications at any time without notice for any reason whatsoever. eBodyGuard will terminate your access to the My eBodyGuard App and all Communications should you be found to have defamed, abused, harassed, stalked, threatened or otherwise violated the legal rights (such as rights of privacy and publicity) of others.

eBodyGuard will, at all times, respect users’ privacy and information, but it may become legally necessary to disclose such information. In that case, eBodyGuard reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental or administrative request or subpoena, or to edit, refuse to post or to remove any information or materials, in whole or in part, in eBodyGuard’s sole discretion.

eBodyGuard takes no responsibility and specifically disclaims any liability for the proper functioning of any networks or servers, mobile devices, cellular or Wi-Fi services, or any communications that occur over such networks, servers or services. eBodyGuard makes no representations or warranties as to the interoperability of the My eBodyGuard App with any networks, servers or services. You further acknowledge that eBodyGuard shall have no liability to you or to any third party arising as a result of any networks, servers or services failing to perform in the manner intended, failure of the My eBodyGuard App to properly operate with your network, servers, services or device, or from any errors occurring on your networks, servers, services or device as a result of your use of the My eBodyGuard App.

You acknowledge and recognize that the My eBodyGuard App is a self-help service provided through applications, mobile networks, and the internet, and that eBodyGuard does not always control or endorse the involvement of its users in the My eBodyGuard App, including who is a user, administrator or co-administrator and, therefore, eBodyGuard specifically disclaims any liability with regard to the Communications and any actions resulting from your participation in any Communication. My eBodyGuard App users are not authorized eBodyGuard spokespersons, and their views do not necessarily reflect those of eBodyGuard.

Materials uploaded to a Communication may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

For any content provided to eBodyGuard on or through the My eBodyGuard App, eBodyGuard does not claim ownership of the materials you provide to or post, upload, input or submit to the My eBodyGuard App (including pictures, personal details, feedback and suggestions) (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting eBodyGuard, its affiliated companies and necessary sublicensees a worldwide, royalty free, transferable, perpetual right and license to use your Submission in connection with the operation of eBodyGuard’s and its affiliates’ businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid to you with respect to the use of your Submission, as provided herein. eBodyGuard is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in eBodyGuard’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant to eBodyGuard the rights and licenses set forth above. You agree that you shall defend, indemnify and hold harmless eBodyGuard and its affiliates, officers, directors, employees and agents from and against any and all third-party claims (and any and all resulting losses, damages, liabilities, costs and expenses) alleging that your Submission or eBodyGuard’s use of your Submission in accordance with the rights and licenses granted above violates, infringes or misappropriated the rights of any third party or violates applicable law.

Copyright and Intellectual Property Policy  –  Notice of Copyright or Intellectual Property Infringement

We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the My eBodyGuard App has infringed your intellectual property rights, pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA).

To be effective the notification must include:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit eBodyGuard to locate the material on the My eBodyGuard App;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the My eBodyGuard App without liability.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to our designated agent below. That written communication must include the following:

  • your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the Federal District Court for the District of Colorado, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

Please send all notices under the above copyright infringement policies by email or mail to the following individual, designated as Mobile Software’s agent for receipt of notifications of claimed infringement:

eBodyGuard, LLC
Attn: Copyright
5994 S. Holly Street Unit #3056
Greenwood Village, Colorado 80111

copyright@ebodyguard.org

Repeat Infringers. Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Disclaimers and Limitations of Liability

To the maximum extent permitted by applicable law, the My eBodyGuard App and My eBodyGuard Portal are provided on an “as is” and “as available” basis without warranty or condition of any kind, express or implied. eBodyGuard and/or its affiliates and suppliers hereby disclaim all warranties and conditions with respect to the My eBodyGuard App and the My eBodyGuardPortal, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and absence of errors, bugs, viruses and/or mechanisms which may disable, damage or interfere with computer systems or networks.

You acknowledge and agree that the information, software, applications, products and services included or available through the My eBodyGuard App and the My eBodyGuard Portal may include inaccuracies or typographical errors and that eBodyGuard shall have no liability or such errors. You acknowledge and agree that eBodyGuard shall have no liability for such errors. You acknowledge and agree that eBodyGuard and/or its affiliates and suppliers may make improvements and/or changes in the My eBodyGuard App and on the My eBodyGuard Portal at any time without notice or liability to you.

Information you may receive via the My eBodyGuard App or My eBodyGuard Portal may not be relied upon by you for personal, security, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

eBodyGuard will not be liable for any act or omission related to information you submit or is collected by the My eBodyGuard App or My eBodyGuard Portal, including (a) any provision of such information to law enforcement or other third parties or any failure to provide such information to such parties or (b) incomplete information or false information submitted by you. Furthermore, you represent to eBodyGuard that, to the best of your knowledge, any data or information submitted by you on the My eBodyGuard App or to eBodyGuard is true and correct and that you will update such information if this representation becomes not true.

You understand and agree that any material or information downloaded or otherwise obtained through the My eBodyGuard App or the My eBodyGuard Portal is done at your own risk and that you will be solely responsible for any damage arising from doing so. No advice or information, whether oral or written, obtained by you from eBodyGuard or through the My eBodyGuard App or My eBodyGuard Portal will create any warranty not expressly made in these Terms of Use.

The My eBodyGuard App is provided to help with personal safety, but you should always use common sense and seek help when it is needed. eBodyGuard cannot and does not guarantee that any communication will reach emergency personnel, that any emergency personnel will respond in a timely manner or at all, or that the most appropriate emergency personnel have been contacted and have all the information needed to respond to the emergency. Additionally, emergency response personnel may not respond because of local laws, regulations or policies. You should verify that appropriate emergency personnel have been contacted and have all the information needed to respond to the emergency.

eBodyGuard and/or its affiliates and supplier make no representations about the suitability, reliability, availability, timeliness and accuracy of the My eBodyGuard App or the My eBodyGuard Portal for any purpose or the availability of any networks or communication lines or functioning of any mobile phone or device necessary for the My eBodyGuard App.

To the maximum extent permitted by applicable law, in no event shall eBodyGuard and/or its affiliates, parents, subsidiaries, affiliates, suppliers, stockholders, officers, directors, employees or agents be liable for damages in excess of the amounts actually paid by you to eBodyGuard in the six (6) months period immediately preceding the event giving rise to the applicable claim or (2) for any indirect, punitive, incidental, special, consequential damages including, without limitation, damages for loss of use, data or financial losses of any kind, arising out of or in any way connected with the use or performance of the My eBodyGuard App, with the delay or inability to use the My eBodyGuard App, the My eBodyGuard Portal or related services, the provision of or failure to provide services or for any information, software, products, services and related graphics obtained through the My eBodyGuard App or My eBodyGuard Portal or otherwise arising out of the use of the My eBodyGuard App or websites, whether based on contract, tort, negligence, strict liability or otherwise, even if eBodyGuard or any of its affiliates or suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

To the extent eBodyGuard may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of eBodyGuard’s liability will be the minimum permitted under such law.

If you are dissatisfied with any portion of the My eBodyGuard App or My eBodyGuard Portal or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the My eBodyGuard App and the My eBodyGuard Portal.

Indemnification

You agree to indemnify and defend eBodyGuard and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including Communications) that you or anyone using your account submit, post, or transmit through the My eBodyGuard App or My eBodyGuard Portal; (b) the use of the My eBodyGuard App or My eBodyGuard Portal by you or anyone using your account; (c) the violation of these Terms of Use by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. eBodyGuard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with eBodyGuard in such defense.

Termination/Access Restriction

eBodyGuard reserves the right, in its sole discretion, to terminate your access to the My eBodyGuard App and the My eBodyGuard Portal, and the related services or any portion thereof at any time, without notice.

Copyright and Trademark Notices

Other than Communications belonging to users, we own or license the content on the My eBodyGuard App and My eBodyGuard Portal, including software, text, visual and audio content (referred to together as “Content”) and eBodyGuard’s trademarks, logos, and brand elements (referred to as “Marks”). The Content and Marks are protected under U.S. and international laws. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Privacy

eBodyGuard respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you. Please familiarize yourself with this Policy before downloading the My eBodyGuard App. The Privacy Policy is located at: https://ebodyguard.org/privacy-policy

Notices

You agree that, with respect any written notice we are required or permitted to give you in connection with these Terms of Use, such notice shall be deemed effectively given immediately upon electronic transmission of such notice to you at the email address set forth in your account information.

Miscellaneous

These Terms of Use shall be governed by the laws of the State of Colorado without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal Courts located in Denver, Colorado in all disputes arising out of or relating to the use of the My eBodyGuard App or these Terms of Use and you hereby waive any right to claim that such courts constitute and inconvenient forum for such disputes. Use of the My eBodyGuard App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph and the preceding paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and eBodyGuard as a result of these Terms of Use or your use of the My eBodyGuard App or My eBodyGuard Portal. eBodyGuard’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of eBodyGuard’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the My eBodyGuard App or information provided to or gathered by eBodyGuard with respect to such use.

Severability

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and eBodyGuard with respect to the My eBodyGuard App and websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and eBodyGuard with respect to the My eBodyGuard App and My eBodyGuard Portal. Please print a copy of these Terms of Use for your records and PLEASE check the Site frequently for any changes to these Terms of Use.

Contact Information

If you have any questions about this Agreement, please contact us at contact@ebodyguard.org

PRIVACY POLICY
HIPAA PRIVACY POLICY AND DISCLOSURE AUTHORIZATION

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. RE: eBodyGuard, LLC, a Colorado limited liability company or its successors and its affiliates, employees and agents (collectively “Company”),

Our Legal Duty

We are required by applicable federal and state laws to maintain the privacy of your protected health information and comply with the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and the rules and regulations implemented hereunder (“HIPAA”). We are also required to give you this notice about our privacy practices, our legal duties, and your rights concerning your protected health information. We must follow the privacy practices that are described in this notice while it is in effect. This notice will remain in effect until replaced. We reserve the right to change our privacy practices and the terms of this notice at any time, provided that such changes are permitted by applicable law. We reserve the right to make the changes in our privacy practices and the new terms of our notice effective for all protected health information that we maintain, including medical information we created or received before we made the changes.

You may request a copy of our notice (or any subsequent revised notice) at any time. For more information about our privacy practices, or for additional copies of this notice, please contact us using the information listed at the end of this notice.

Uses and Disclosures of Protected Health Information

You will be providing protected health information directly to the Company via the My eBodyGuard App. Your input and disclosure of such information is done by You with the express intent that it will be used and disclosed to third parties as set forth herein. To that end, we notify You that we will use and disclose the protected health information about you for public safety, marketing and related functions required for the effective function of the My eBodyGuard App, its operations and as required by law. Such use and disclosure may include, but are not limited to: disclosure to Company partners, affiliates and law enforcement agencies, including first responders, EMTs, 911 operators, etc.; marketing and related purposes; provision of data, recordings and related electronic communications to law enforcement agencies and judicial officers; communications with medical professionals and/or emergency services; and any other related purpose.

In the event that you are providing information related to another individual, including a minor child, your authorization indicates that you have current authority to make decisions for such individual or minor child and that you are a personal representative for all purposes relating to such individual or minor child’s protected health information.

Patient Rights

Access: You have, with limited exceptions, the right to look at or get copies of your protected health information. You may also request access by sending us a letter to the address at the end of this notice. There may be a reasonable charge to you if you request copies that the Company deems excessive. If you prefer, we will prepare a summary or an explanation of your protected health information for a fee. Please contact us for a full explanation of our fee structure. Without your written authorization, we will not disclose your health care information except as described in this notice.

You may revoke this authorization in writing at any time by sending written notification to: eBodyGuard, 5994 S. Holly Street, Unit #3056, Greenwood Village, CO 80111. Your notice will not apply to actions taken by the requesting person/entity prior to the date they receive your written request to revoke authorization.

Questions and Complaints

If you want more information about our privacy practices or have any questions or concerns, please contact us using the information below. If you believe that we may have violated your privacy rights, or if you disagree with a decision we made about access to your protected health information or in response to a request you made, you may complain to us using the contact information below. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file your complaint with the U.S. Department of Health and Human Services upon request.

Authorization

You are required on the My eBodyGuard App to confirm your authorization before proceeding. By doing so, and by utilizing the App functions, You are confirming that you consent to the use and disclosure of you personal protected health information as set forth herein, that you do authorize the Company to release to Your personal health information as contemplated herein, and that you acknowledge that such confirmation and use shall be deemed as your electronic signature to such authorization. You also understand that this authorization is voluntary and that it may be revoked in accordance herewith.