Matched Technologies, Inc. (“Company”) has created and maintains this mobile application (the “Covert Alert App”) to allow the user to record information related to an emergency and send an alert in the event of an emergency (“Incident”). The Covert Alert App is a voice activated app that once activated using a “Protect Meˮ Command can live stream an emergency alert regarding an Incident to contacts you as the user have identified (“User Contacts”) and to first responders and law enforcement agencies. By subscribing to and activating live streaming of the Incident report to www.1st2911.com , the Covert Alert App will also provide a map of the current location of the Incident that may be used by first responders and law enforcement agencies, report the details of the Incident, and store those recordings on both your device and in the cloud at www.covertalert.com ("Incident Report").
□ I agree to these Terms of Use
□ You hereby authorize and consent to Company accessing, preserving, and disclosing your Content if required to do so by law or in good faith believe that such disclosure is reasonably necessary to:
(1) comply with the legal process; or (2) enforce these Terms of Use; or (3) respond to a claim that any Content violates the rights of third parties; or (4) protect the rights, property, or personal safety of the users of the Covert Alert App or the public.□ If you have purchased the live streaming feature of the Covert Alert App, you hereby authorize and consent to Company accessing, preserving and disclosing your Content to first responders and law enforcement agencies in the event of your death or incapacity to speak to such responders or agencies due to your physical condition resulting from an Incident.
Company may modify these Terms of Use or the Privacy Policy at any time by providing notice of the amended terms or policy to current users to view. By continuing to use the Covert Alert App after you are notified of any amendment you accept the Terms of Use and Privacy Policy as amended. Company may change, restrict access to, suspend or discontinue the Covert Alert App or any portion thereof at any time.
THE COVERT ALERT APP AND RELATED SERVICES PROVIDED BY COMPANY 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 THE COVERT ALERT APP. EVEN IF YOUR MOBILE DEVICE AND THE COVERT ALERT APP HAVE CONNECTIVITY, COMPANY DOES NOT GUARANTEE AND HAS NO CONTROL OVER WHETHER YOUR MESSAGES WILL BE DELIVERED REAL-TIME OR IMMEDIATELY ACCESSED BY OR RESPONDED TO BY ANY RECIPIENT, EMERGENCY RESPONDER OR LAW ENFORCEMENT AGENCY.
To use the Covert Alert App you must enter the Covert Alert System at www.covertalert.com through the user portal using your user name and password and register. A two (2) factor authentication is required when logging into the user portal. You agree that you will not attempt to register under the name of another person. Company reserves the right to reject or terminate any user name that, in Company’s judgment is deemed offensive or unauthorized.
You will be asked to provide certain personal information for use in the event of an emergency. You may change and/or add information to your profile at any time through the user portal. The personal information you provide on the Covert Alert System is retained by Company and is governed by the Covert Alert Privacy Policy. Company will not sell or provide your personal information to any third party. Your personal information is used solely by Company and first responders (police, fire, and EMS) and law enforcement agencies as needed. You will be responsible for preserving the confidentiality of your username and password and will notify Company of any known or suspected unauthorized use of your account. You must be at least thirteen (13) years of age to use the Covert Alert App. You agree to inform Company if there is a change in the personal information you provided at the time of your initial registration including change of name, address or email. Cookies may be enabled in your browser to participate as a user. Cookies are used to hold your username and password and viewing options, allowing you to login to the Covert Alert App.
You are responsible for keeping your mobile device safe and secure and out of reach of others and any personal information provided on the Covert Alert System is done at the risk that it may be viewed on your mobile device.
Subject to the terms and conditions of these Terms of Use, upon payment of all applicable fees required by Company, Company grants you a non-exclusive, non-transferable, license, to download, access, and use the Covert Alert App solely by you on a single mobile device that you own or control. The terms of this license will govern any upgrade provided by Company that replaces and/or supplements a previous version of the Covert Alert App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
This license does not allow you to use the Covert Alert App on any mobile device that you do not own or control, and you may not distribute or make the Covert Alert App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell redistribute, or sublicense the Covert Alert App.
The Covert Alert App and its program code (including source code and object code) include ideas and information conceived, created or developed by Company, all of which are confidential information and trade secrets of Company (“Confidential Information”). You may not disclose to any third party or publish any Confidential Information. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Covert Alert App, any updates, or any part thereof (except as permitted by the license terms governing use of any open-source code included with the Covert Alert App). Any attempt to do so by you is a violation of the rights of Company and its licensors. If you breach the terms related to confidentiality, you may be liable for damages and subject to legal action. This Section 3 shall survive any termination of these Terms of Use until any Confidential Information becomes publicly available and then this Section 3 shall only terminate with respect to such public information.
Periodic or annual fees for use of the Covert Alert App and/or live streaming features of the Covert Alert App may be required and shall be determined by Company. Information concerning such fees and payment terms will be provided to you in advance of your use of the Covert Alert App. Company reserves the right to modify such fees from time to time in its sole discretion. Company will notify you at least sixty (60) days in advance of any change in its fees or payment terms by posting such change on the Apple App Store or Google Play website. Company reserves the right to charge for any upgrades, updated versions, bugs, and fixes.
These Terms of Use shall apply to the use of the Covert Alert Messaging Services for living streaming information related to an Incident (including all related services, components and features, and, if applicable, monitoring), the “Protect Meˮ Command, and related web site(s) (“Messaging Services”).
You will not use the Messaging Services in any way that is unlawful or harms any person, user, Company or any affiliates of Company. Company may inform you about certain specific harmful uses in notices to you provided from time to time through the Messaging Services but has no obligation to do so. You may only use the Messaging Services in a way that is authorized by these Terms of Use.
You agree that you will adhere to all applicable federal, state, local, national or international law; that your mobile device settings to transmit video, pictures, and/or audio do not violate such laws; and that content, including Incident Reports, sent to or from your mobile device (“Content”), is your sole responsibility. This means that you, and not the Company, are entirely responsible for all Content that you transmit or receive via the Covert Alert Messaging Services.
You agree that you will adhere to all applicable federal, state, local, national or international law; that your mobile device settings to transmit video, pictures, and/or audio do not violate such laws; and that content, including Incident Reports, sent to or from your mobile device (“Content”), is your sole responsibility. This means that you, and not the Company, are entirely responsible for all Content that you transmit or receive via the Covert Alert Messaging Services.
If you have elected to purchase the live streaming feature of the Covert Alert App, you authorize, consent and agree that Company may access, preserve, and disclose your Content to first responders and law enforcement agencies in the event of your death or incapacity to speak to such responders or agencies due to your physical condition resulting from an Incident. If you have elected not to purchase the live streaming feature, you authorize, consent and agree that Company may disclose your Content if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to a claim that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the users of the Covert Alert App and the public. In order to confirm such authorization, consent and agreement, you must check the appropriate boxes provided under REQUIRED ACTION at the beginning of these Terms before using the Covert Alert App and the live streaming features thereof.
Company retains all Content transmitted via the Messaging Services for a period of at least two (2) years, unless otherwise compelled to destroy or return such Content. You agree that Company does not control or endorse, and is not responsible for material or information made available through the Messaging Services, and that by using the Messaging Services, you may be exposed to material or information that is offensive, indecent, inaccurate, misleading, illegal or otherwise objectionable. Furthermore, the material and information available through the Messaging Services may contain links to other websites, which are completely independent of Company or the Messaging Services.
Company makes no representation or warranty (express or implied) as to the accuracy, completeness, or authenticity of any Content on the Messaging Services. You agree that you must evaluate, and will bear all risks associated with, the use of any material, information, or Content. Under no circumstance will the Company be liable for any material, information, or Content made available via the Messaging Services. You agree that Company does not pre-screen or approve material, information, or Content, but that Company shall have the right (but not the obligation) in its sole discretion to refuse, review, delete or move any material, information, or Content that is available via the Messaging Services, for violating the letter or spirit of these Terms of Use or for any other reason.
Under no circumstances will Company (including its affiliates) be liable in for any material, information, or Content, including, but not limited to, errors or omissions of any material, information, or Content, violations of law through the use of the Messenger Service, loss or damage of any kind incurred as a result of the use of any material, information, or Content made available to you via the Messaging Services.
You specifically agree not to use the Covert Alert Messaging Services: (a) To send content to another person that may be viewed as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, infringing, or racially, ethnically or otherwise objectionable; (b) To send content that is harmful to minors in any way; (c) To impersonate any person or entity, including, but not limited to, a Company official, officer, employee, representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) To forge headers or otherwise manipulate identifiers in order to disguise the origin of any entity used to transmit message through the Messaging Services to another; (e) To send Content to others that may be deemed as unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; (f) To interfere with or disrupt the Messaging Services or servers or networks connected to the Messaging Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Messaging Services; (g) To intentionally or unintentionally violate any applicable federal, state, local, national or international law; (h) To stalk or otherwise harass another; (i) To harvest or otherwise collect or store personal data about other users; or (j) Tto play pranks on, falsely report events, harass or otherwise mislead any recipient or third-party emergency responder.
You agree that upon activation, the Messaging Services allows for the notification via text messages to and from mobile devices that are listed in your profile, as well as emergency responders or law enforcement agencies (to the extent applicable). You also agree that, from time to time, the Company may notify you through the Messaging Services, to provide you with information regarding or related to the Covert Alert App or the Messaging Services.
You agree that the technical processing and transmission of Content including information you provide, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You also agree that some or all of the transmissions may not be encrypted or protected.
Without limiting the generality of use of the Messaging Services, you will not use the Messaging Services to transmit, either directly or indirectly any bulk mobile messages or unsolicited commercial mobile messages. A breach of any part of the Federal Anti-Spam Laws is a breach of these Terms of Use and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
Your communications through the Messaging Services are solely between you and the directed recipient(s), including your User Contacts and/or first responders or law enforcement agencies. You agree that Company (including its affiliates) is not an insurer and shall not be responsible or liable for any loss, personal harm, or damage of any sort incurred as the result of any such communications, the delivery or failure thereof, or any response or lack thereof by the recipients, your User Contacts, emergency responders or law enforcement agencies.
The Messaging Services may provide, or third party(ies) may provide, links to certain service providers, such as emergency responders, campus security, etc., when your mobile device appears within their geographic zone. Because Company does not have control over all service providers necessary to the Messaging Services and the connectivity between your mobile device and/or Company servers and the service providers, you agree that Company and service providers are not responsible for the availability of and communications to all such service providers, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials available from all such service providers.
You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available from or through any such service providers outside of the control of Company.
Company is concerned about the safety and privacy of all its users, particularly children. Children under the age of thirteen (13) years old are not permitted to use the Covert Alert App or the Messaging Services without obtaining permission from their parents or guardians. You warrant that, if you are under the age of thirteen (13) years old, that you have received the permission of your parents or guardians to use the Covert Alert App and the Messaging Services.
You agree that management of the number of messages transmitted through the Messaging Services is your own responsibility. Company may, in its sole discretion, provide a mechanism for opting out of the Messaging Services, such as by removing the phone numbers for all your contacts, including emergency responders, in the of the App (which will prevent them from receiving any text messages in case of activation of the App). profile page
You agree that your use of the Messaging Services, 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 Content delivery.
You agree that network services, including but not limited to mobile network services, are outside of the control and influence of Company, and that Company may not be able to assist in resolution of such problems. You agree that Company is not responsible for your use of any service outside of the servers of Company and is not responsible or liable for problems arising in the network outside of its/their respective servers. You agree that your use of the Covert Alert App and the Messaging Services may be limited by your network operator or by the capabilities or capacities of your terminal or mobile device.
Company’s sole responsibility is to use commercially reasonable efforts to maintain the servers and the software, if any, for providing Messaging Services and, if applicable to your License, to use commercially reasonable efforts to provide commercially reasonable monitoring as part of the Messaging Services.
You agree 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 the prepaid services. You agree that the Covert Alert App and/or the Messaging Services 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 the Messaging Services.
In the event that Company is required to testify in court or in a related deposition in connection with an Incident Report you submit through the Covert Alert App, Company reserves the right to charge you their then current fees in connection with such services.
The Covert Alert App and “Project Meˮ Command, and any authorized copies you make thereof are the intellectual property of Company. The structure, organization, and program code of the Covert Alert App are the valuable trade secrets and confidential information of Company. The Covert Alert App is protected by the copyright laws of the United States. Except as expressly stated herein, these Terms of Use do not grant you any intellectual property rights in the Covert Alert App or the “Protect Meˮ Command and all rights not expressly granted herein are reserved by Company. Company has filed one or more patent applications covering the Covert Alert App which may issue as one or more patent(s) in the future.
In the event any claim is brought against you alleging that the Covert Alert App or your possession and use of the Covert Alert App, “Protect Meˮ Command or Messaging Services infringes any third-party’s intellectual property rights, your sole remedy is to immediately notify Company in writing for a refund of fees paid for the use thereof. Company shall not be liable for any defense, settlement, or discharge of such claim, except as provided in the preceding sentence. You agree that, in the event Company notifies you of any infringement claim by a third party, regulatory agency, other legal issue, you will immediately cease using the Covert Alert App, “Protect Meˮ Command and Messaging Services. Notwithstanding anything to the contrary above, Company’s total liability shall be limited to the fees paid by you for the use of the Covert Alert App, “Protect Meˮ Command and Messaging Services.
User Contacts you have designated on the Covert Alert App System to receive Content from you are solely responsible for whether and how to review, respond to or otherwise utilize any Content received from you through the Messaging Services. You agree that Company is not responsible for the timing, accuracy or veracity of any Content sent through the Messaging Services. If a User Contact is to use the Content you send through the Messaging Services other than viewing by the User Contact in connection with an Incident, you are solely responsible for authorizing and consenting to such use on the Covert Alert App System.
YOU EXPRESSLY AGREE THAT USE OF THE COVERT ALERT APP, “PROTECT MEˮ COMMAND AND MESSAGING SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO USE, AND THE QUALITY, PERFORMANCE AND ACCURACY OF SUCH USE IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COVERT ALERT APP, “PROTECT MEˮ COMMAND, AND ANY MESSAGING SERVICES PERFORMED OR PROVIDED BY THE COVERT ALERT APP AND/OR COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE COVERT ALERT APP, “PROTECT MEˮ COMMAND, AND MESSAGING SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU AGREE THAT THERE IS NO GUARANTEE THAT THE COVERT ALERT APP, “PROTECT MEˮ COMMAND OR MESSAGING SERVICES WILL FUNCTION AS INTENDED OR THAT ALL THE FUNCTIONALLY OR ANY FUNCTIONALITY WILL BE OPERATIONAL AT ALL TIMES. COMPANY DISCLAIMS ANY LIABILITY FOR SYSTEM DOWNTIME, OPERATIONAL ERRORS, LOSS OF DATA, DELIVERY ERRORS, TRANSMISSION LOSSES, OR LACK OF SERVICE. COMPANY ACCEPTS NO LIABILITY OF ANY KIND FOR THE CONSEQUENCES OF USING THE COVERT ALERT APP, “PROTECT MEˮ COMMAND OR MESSAGING SERVICES, THE FAILURE OF THE DELIVERY OF CONTENT TO USER CONTACTS YOU HAVE ENTERED IN YOUR PROFILE, OR THE FAILURE OF THE DELIVERY OF CONTENT TO FIRST RESPONDERS OR LAW ENFORCEMENT AGENCIES, OR THE FAILURE OF THE COVERT ALERT APP TO PRODUCE ANY INTENDED BENEFITS.
COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERT ALERT APP, “PROTECT MEˮ COMMAND OR MESSAGING SERVICES; THAT THE FUNCTIONS CONTAINED IN THE COVERT ALERT APP, “PROTECT MEˮ COMMAND OR ANY MESSAGING SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE OPERATION OF THE COVERT ALERT APP, “PROTECT MEˮ COMMAND OR MESSAGING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT DEFECTS IN THE COVERT ALERT APP, “PROTECT MEˮ COMMAND OR MESSAGING SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IF THE COVERT ALERT APP, “PROTECT MEˮ COMMAND OR ANY MESSAGING SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold Company, its officers, directors, employees, affiliates, subsidiaries, successors, assigns, agents, service providers, any third-party monitoring company(ies), suppliers, and representatives harmless from any and all claims, losses, demands, fines, penalties, costs, and expenses including reasonable attorney fees and court costs, made by any third party in connection with or arising out of (a) your download, access, and/or use of the Covert Alert App, (b) your use of the “Protect Meˮ Command or Messaging Services, (c) your violation of any rights of any third party in connection with or arising out of your download, access, and/or use of the Covert Alert App, including any Content or services provided therein, any Content transmitted during your use of the Covert Alert App, including third party photographs and video or other Content, (d) your violation of any term or condition of these Terms of Use, (e) your breach of any of the representations and warranties herein, or (f) your violation of applicable laws or any rights of another person or entity. You also agree to indemnify Company against any claims made by the User Contacts listed in your profile based on Company sending communications to those User Contacts.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR PERSONAL INJURY, DEATH, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR DOWNLOAD, ACCESS AND/OR USE OR INABILITY TO USE THE COVERT ALERT APP, THE “PROTECT MEˮ COMMAND OR MESSAGING SERVERS, ANY ASPECT OF THE COVERT ALERT APP SOFTWARE, OR THE MESSAGING SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE COMPANY’S MESSAGING SERVICES, IN EACH CASE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT STORED ON OR RETRIEVED FROM YOUR MOBILE DEVICE AND THAT IT IS YOUR SOLE RESPONSIBILITY TO KEEP YOUR PERSONAL INFORMATION IN THE COVERT ALERT APP AND THE COVERT ALERT SYSTEM UP TO DATE, ACCURATE, AND COMPLETE. COMPANY WILL NOT BE HELD LIABLE FOR YOUR FAILURE TO MAKE CHANGES IN USER PERSONAL INFORMATION.
YOU HEREBY WAIVE ANY AND ALL CLAIMS OR CAUSES OF ACTION YOU MAY HAVE AGAINST COMPANY ARISING FROM OR RELATING TO THE COVERT ALERT APP, THE “PROTECT MEˮ COMMAND, THE MESSAGING SERVICES AND THE USE THEREOF BY YOU.
The license granted to you in these Terms of Use will continue until terminated as provided in this Section 11. Without prejudice to any other rights of Company, the license granted to you will terminate automatically if you violate any provision of these Terms of Use, or if Company sends a written (including email or text message) notice of termination of the Terms of Use to you for any reason. You may terminate or cancel these Terms of Use and the license by discontinuing use of the Covert Alert App. In the event of termination, for any reason, you shall cease all use of the Covert Alert App, uninstall the Covert Alert App from your Mobile Device(s) in which you have installed it, and destroy all copies, full or partial, of the Covert Alert App. Company reserves the right to terminate the license to a specific version of the Covert Alert App upon issuance of a new version. Except for the license granted in Section 2 and as otherwise expressly provided herein, all sections of these Terms of Use that by their nature should survive termination including, without limitation, warranty disclaimers, limitations of liability, indemnification, and confidentiality will survive termination of these Terms of Use or the license for any reason.
You must provide the mobile device and wireless connections that you will need to use the Covert Alert App, the “Protect Meˮ Command and Messaging Services at your own expense. Company does not guarantee that the Covert Alert App or Messaging Services can be accessed through or will be compatible with any mobile devices or wireless service plans. Company does not guarantee that the Covert Alert App or Messaging Services are available in all geographic locations. You acknowledge that when you use the Covert Alert App and Messaging Service, your wireless carrier may charge you standard fees for data, messaging, and other wireless access. Check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS AND USE THE COVERT ALERT APP, THE “PROTECT MEˮ COMMAND AND THE MESSAGING SERVICES THROUGH YOUR MOBILE DEVICE.
By accepting these Terms of Use, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms of Use and the license granted herein are subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Covert Alert App and Messaging Services and their use.
If you have any comments or questions, please send questions to Company at: info@covertalert.ai. If you have any questions about your mobile device or your cellular or data service, please contact the applicable third party.
These Terms of Use constitute and contain the entire agreement between you and Company with respect to
the subject matter hereof and supersede any prior oral or written agreements, except that these Terms of
Use shall coexist with, and shall not supersede, the Privacy Policy, the Apple Terms of Service and the
Google Play Terms of Service. To the extent that the provisions of these Terms of Use conflict with the
provisions of the Apple Terms of Service or the Google Play Terms of Service, the conflicting provisions
in these Terms of Use shall govern. These Terms of Use and the relationship between you and Company
shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions.
You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within
the State of Indiana. The failure of Company to exercise or enforce any right or provision of these
Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of
Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties’ intentions as reflected in the provision, and other
provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related to use of the Covert
Alert App, the “Protect Meˮ Command, the Messaging Services or these Terms of Use must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
We are always interested in user ideas to help you with our products in your everyday life.