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.
You must be at least 13 years old to use eBodyGuard app or website.
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.
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 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 eBodyGuard app or website, you agree to the revised Agreement.
eBodyGuard Additional Terms
Standard-rated text messages are part of the eBodyGuard app. For example, text messages are sent to your Bodyguards when the SOS 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 eBodyGuard app, you can download our apps 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 email@example.com.
When you register for the eBodyGuard app, you will be given an opportunity to select the term of the subscription. All functions of the eBodyGuard app are included in the subscription price. eBodyGuard does not have a premium service. As we upgrade and add functions to the eBodyGuard app, we will strive to maintain this one price per subscription policy. Should that policy change, we will notify the user of any 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. So 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.
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 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 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 eBodyGuard app.
Links to Third Party Sites
Use of the eBodyGuard App
You may not use the eBodyGuard app in any manner which could damage, disable, overburden, or impair the eBodyGuard app or interfere with any other party’s use and enjoyment of the eBodyGuard app or website.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the eBodyGuard app or website.
The eBodyGuard app may contain Voice-over-IP based communications, SMS based communications, data sync service, application download services, 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 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 eBodyGuard app. You agree that you shall NOT:
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, eBodyGurad will involve and cooperate with law enforcement authorities in prosecuting users who violate the above.
Unlike traditional 911 emergency calls, eBodyGuard works on Voice Over Internet Protocol (VOIP). The VOIP may be provided by a third party. If the VOIP is provided by a third party, 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 eBodyGuard app to properly operate with the third party VOIP provider or from any errors occurring from the VOIP provider as a result of your use of the eBodyGuard app.
You acknowledge that the voice activation is at this time experimental and may not function properly at all time in all circumstances. By using the 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 failing to perform in the manner in which is 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 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 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 for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. eBodyGuard makes no representations or warranties as to the interoperability of the eBodyGuard app with any network or servers. 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 eBodyGuard app to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the eBodyGuard app.
You acknowledge and recognize that the 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 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. 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.
Content Provided to eBodyGuard on or through the eBodyGuard app, eBodyGuard Software does not claim ownership of the materials you provide to Mobile Software or post, upload, input or submit to the 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 to you paid 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 misappropriates 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 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:
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the 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:
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:
P.O. Box 8816
Breckenridge, CO 80424
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 Limitation of Liability
To the maximum extent permitted by applicable law, the eBodyGuard app and eBodyGuard websites 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 eBodyGuard app and eBodyGuard websites, 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 eBodyGuard app and eBodyGuard websites 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 eBodyGuard app and on the eBodyGuard website at any time without notice or liability to you.
Information you may receive via the eBodyGuard app or eBodyGuard website 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.
The eBodyGuard app is provided to help with personal safety, but you should always us common sense and seek help when it is needed. eBodyGuard cannot and does not guarantee that any emergency personnel will respond in a timely manner or at all, or that the most appropriate emergency personnel have been contact 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 eBodyGuard app or the eBodyGuard websites for any purpose or the availability of any networks or communication lines or functioning of any mobile phone or device necessary for the 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
To the extent eBodyGuard may not, as a matter of applicable law, disclaim any implied warranty or limits its liabilities, the scope and duration of such warranty and the extent of eBodyGuard’s liability will be the minimum permitted under such law.
eBodyGuard reserves the right, in its sole discretion, to terminate your access to the eBodyGuard app and websites 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 eBodyGuard and websites, 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.
information about you. Please familiarize yourself with this Policy before downloading the eBodyGuard app.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org