1 USE OF THE SERVICE
You may use the Service only if you can form a binding contract with the Company, and only in compliance with this Agreement and all applicable local, territorial, state, national, and international laws, rules and regulations. The Service is not available for any Users previously removed from the Service by us.
1.1.2 Age Restrictions
In order to use the Service, you must have an account with the Company, subject to the following Age Restrictions. If you are considered a minor in your country, state or territory, you must have your parent or legal guardian’s permission to use the Service and to accept this Agreement. You must comply with any additional age restrictions that might apply for the use of the features of the Service in your jurisdiction.
1.2 Service Rules
1.2.1. You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Service;
(vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
(viii) using the Service for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
(xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
1.2.1 We do not allow hidden tracking. You cannot use the Service to track a person without their permission or object without their owner permission; You cannot use the Service where such an action/s is/are illegal. It is only your responsibility to make sure that your use of the Service does not violate local, state, territorial, national or international laws.
1.3 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. The Company reserves all rights not expressly granted herein in the Service. The Company may terminate this license at any time for any reason or no reason.
1.4.1 Accounts that you are able to establish with the Service give you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
1.4.2 You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must maintain confidentiality of your account password and monitor and police the use thereof. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. The Company will not be liable for any losses caused by any unauthorized use of your account.
1.4.3 You may control your User profile and how you interact with the Service by changing settings that are made available to you.
1.5 SIM Service
iStaySafe Pty Ltd relies on network coverage supplied by third party telecommunication carriers and as such cannot guarantee connectivity at all time. The SIM card provided with your watch is configured for use in TicTocTrack watches only. Removing the SIM card from the watch and using it with another device will result in your service being cancelled and the SIM deactivated.
2 SERVICE AVAILABILITY AND TERMINATION
2.1 We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
2.2 You are responsible for all the mobile data usage resulting from the use of Service. Consult your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. The Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
3 MOBILE SOFTWARE
3.1 Mobile Software and Upgrades
3.1.1 As part of the Service, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. The Company does not warrant that the Mobile Software will be compatible with your mobile device. The Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account owned or leased solely by you, for your personal use. You may not:
(i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by any applicable law;
(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
(iii) make any copies of the Mobile Software;
(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
(v) delete the copyright and other proprietary rights notices on the Mobile Software.
3.1.2 You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Software. In such an event, the Company may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party end user license agreements (EULA), if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and the Company or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. The Company reserves all rights not expressly granted under this Agreement.
3.1.3 Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Australian and foreign laws related to use of the Mobile Software and the Service.
3.2 Mobile Software from iTunes and Google Play
You may acquire any Mobile Software from the iTunes Store and/or Google Play (“Sourced Software”). In such an event, you acknowledge and agree that this Agreement is solely between you and the Company, not Apple or Google, and that Apple or Google has no responsibility for the Sourced Software or content thereof. Your use of the Sourced Software must comply with the App Store and/or Google Play terms of service. You acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Sourced Software. In the event of any failure of the Sourced Software to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price for the Sourced Software to you; to the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to the Company as provider of the software. You acknowledge that Apple or Google is not responsible for addressing any claims of you or any third party relating to the Sourced Software or your possession and/or use of the Sourced Software, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Sourced Software fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation in any jurisdiction; and all such claims are governed solely by this Agreement and any law applicable to the Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Sourced Software or your possession and use of that Sourced Software infringes that third party’s Intellectual Property Rights, the Company, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such Intellectual Property Rights infringement claim to the extent required by this Agreement. You and the Company acknowledge and agree that Apple or Google, and their respective subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Sourced Software against you as a third-party beneficiary thereof.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 The Service and all materials and information therein or transferred thereby, including, without limitation, information about your phone or device, or data that is otherwise generated, collected or transmitted through use of the Service or Mobile Software, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, ‘Intellectual Property Rights’ means and includes all patent rights, copyrights and related rights, trademarks, mask work rights, geographical indications, industrial designs, moral rights, goodwill, trade secret rights, protection of undisclosed information, control of anti-competitive practices in contractual licenses and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any country, state, territory or other jurisdiction.
4.2 You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you.
5 FEATURES OF THE SERVICES
The Service includes a number of features which may or may not be available to you depending on which features you elect and, where required, pay or subscribe to use. Some of the features of the Service require Mobile Software to be installed on the devices that the features apply to by paring with another device via a verification code. This section identifies some of the types of features that are part of the Service, and that may be available for you to use or pay or subscribe to use, along with important information about those features.
5.1 Location Information Features
5.1.1 There are features that are designed to collect and share location information, about you and other individuals who use the Service. These features require the corresponding Mobile Software to be installed on the device for which location data will be provided, and the features may not work if the corresponding settings to allow the collection and sharing of information and location information are not enabled. In addition, the features may not work for a variety of reasons, such as if the device that the Mobile Software is installed on is not powered on and connected to the wireless service provider’s network, if location services are turned off, if the Service is not being used or is blocked on the device, etc.
5.1.2 If you use features of the Service which are designed to collect and share location information, the Service will periodically access and collect information about your device and location (such information will be Company Content under this Agreement). By using the features designed to collect and share information, you represent and warrant that you have consented, to use the Service and to allow it to access and collect such information.
5.2 SMS Service
The Service includes a feature which generates a SMS on your device at times when a message is more appropriate.
5.3 Real Time Tracking
This feature will allow you to track another User in real time when he/she is in an emergency situation. SOS button will send a SMS or initiate a call to make you aware that the other User needs help.
5.4 Digital Fence around Safe Zones
The Service allows you to place a digital fence around “safe zones” for another User. Once the “safe zone” is activated, you will be notified that the other User enters or leaves that “safe zone”.
5.5 Active Times and Alerts
This feature allows you to set active times/days or dates for the “safe zones” so you only receive alerts when you need them.
You can use the “Directions” feature to easily find your way to another User who is lost.
This feature will run a range of reports to see where another User whom you want to track has travelled.
5.8 Emergency Contacts
The Service has a feature which will allow you to connect up to Six (6) emergency contacts to receive alerts from any one device.