Introduction

Access to App

The App requires a mobile device with an active, functioning cellular and/or WiFi connection that meets certain technical requirements as described in the distribution channel through which you obtain the App or as may otherwise be communicated to you by Us from time to time. Each user is responsible for ensuring their device meets these technical requirements, as they may be updated from time to time.

We reserve the right to update, discontinue or change any features or the functionality of the App at any time and without prior notice. We will take reasonable steps to provide you with advance notice in the event that we decide to discontinue the App in its entirety. You alone are responsible for installing updates for the App. If you do not install updates, it is possible that you will no longer be able to access all functions of the App or continue using the App.

SMS Consent

The App and Our Services are only available to users with compatible devices able to send and receive SMS notifications via an active cellular and/or Wi-Fi connection. If at any time you do not consent to receiving SMS messages, the Service is unavailable to you and you are not authorized to use the Service. If you grant consent to receiving SMS messages and later decide to revoke said consent, you will be directed to delete your account, as this consent is a necessary prerequisite for use of the App and participation in a Plan.

App users and ICE Contacts receive SMS communications via the App.

BY SIGNING UP FOR THE SERVICES OR THE PLANS, YOU AGREE TO RECEIVE SMS COMMUNICATIONS FROM US AND THE APP (INCLUDING BY AUTOMATIC DIALER), AND YOU REPRESENT AND WARRANT THAT EACH ICE CONTACT YOU LIST IN THE APP HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND US/THE APP AND THAT SAID CONSENT HAS NOT BEEN REVOKED.

SMS COMMUNICATIONS REGARDING CHECK-INS AND SMS COMMUNICATIONS TO ICE CONTACTS ARE NOT FOR COMMERCIAL PURPOSES AND DO NOT INCLUDE ANY UNSOLICITED ADVERTISEMENTS.

IF YOUR WIRELESS CARRIER CHARGES YOU FOR TEXT MESSAGES, THE TEXT MESSAGES SENT FROM THE SERVICE TO YOU MAY RESULT IN CHARGES.

Use of the App

Your authorized use of the App is expressly conditioned upon and subject to your continued agreement with these Terms as well as Our Privacy Policy (linked here and incorporated by reference).

You are authorized to make use of the App only for its intended purpose(s) as described above. Any use for other purposes, in particular misuse of the App's functionalities, including to contact people without express consent, is not permitted and is a material, express violation of these Terms. Further, you agree not to use or attempt to use the App or Services in order to:

• further a commercial purpose;
• upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another's privacy, is hateful or otherwise prohibited or objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• misuse the App’s SMS communication capabilities and/or emergency services communication including by making or attempting to make any unauthorized or unlawful contact with an individual;
• make false statements to any person or entity, including any emergency services or medical personnel;
• engage in unauthorized spidering, scraping, or harvesting of content or personal information, or use any other unauthorized means to compile information;
• take any action that imposes an unreasonable or disproportionately large load on the App network or infrastructure;
• transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• alter, remove, obscure, or change the location, content, or appearance of any disclaimers, notices of copyright, trademark, service mark, or other proprietary rights, or other notices included in the App;
• take any action that could harm us, or any third party, or interfere with or disrupt the operation of the App or servers or networks connected to the App (including using any device, software, or routine to interfere or attempt to interfere with the proper working of the App or any activity conducted on the App or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network);
• violate any applicable national or international rules and laws, as well as rights of third parties;
• reverse engineer the App or Our Services or to develop or create a competing App or Services; and/or
• engage in any other conduct that restricts or inhibits any person from using or enjoying the App, or that, in Our sole judgment, exposes Us or any of Our users, affiliates, or any other third party to any liability, damages, injury, or detriment of any type.

You are responsible for maintaining the confidentiality of your account, password and other data and for monitoring and restricting access to your device(s) and App. You accept sole responsibility for all activities that occur under your account or from your devices in relation to the App. Please immediately notify Us of any actual or suspected unauthorized access or use of your account.

If you fail to observe the limits of permitted use of the App, We will – without prejudice to any other rights – be entitled to block your use of the App immediately.

Violations of these Terms may result in civil or criminal liability. We may investigate violations or suspected violations of these Terms and we may work with law enforcement authorities to prosecute users who violate these Terms. We may suspend, disable, or terminate your access to the App for any or no reason at any time without notice or liability to you.

Links to Third-Party Content or Services

The App may contain links to third-party content or services. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content or services. Use of any linked third-party content or service is at your own risk and may be subject to the third-party’s terms of use and privacy policy

Intellectual Property

The App is protected under the copyright, trademark, and other intellectual property laws of the United States and other jurisdictions. You acknowledge that all intellectual property rights in the App are owned by us or our third-party licensors to the full extent permitted under the law. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the App or Services without Our express written consent. You agree to use the App only for your own personal and non-commercial use. We do not grant you the right to access or use the App for any other purpose. You acknowledge that you have no right to have access to the App in source-code form and that your access to the App and Services are at Our sole discretion.

You agree not to rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the App or such software, without prejudice to your rights to make a back-up copy of such software.

We alone own all right, title and interest in and to the App and any suggestions, ideas, enhancement requests, feedback, or recommendations you provide for the App, all of which are hereby assigned by you to Us without any compensation or acknowledgment to you. You hereby acknowledge that you do not acquire and have no rights, title, or interests in or to the App other than the limited right to access and use the App in accordance with these Terms.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the App, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or our affiliates or licensors, or with respect to third party products identified in the App, the applicable product or intellectual property owner, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international laws pertaining to the protection of intellectual property. The use or misuse of names and marks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the App confers on you any license or right under any of our patents, trademarks, or copyrights, or under any patents, trademarks, or copyrights of our affiliates, licensors, or any third party.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

1. THE PROVISIONS IN THIS SECTION APPLY ONLY TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.
2. YOUR USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE AND OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS (COLLECTIVELY, “THE DISCLAIMING PARTIES”) HEREBY DISCLAIM ANY LIABILITY, INCLUDING ANY LIABILITY FOR PERSONAL INJURY, DAMAGE TO REAL OR TANGIBLE PROPERTY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, INCLUDING FOR ANY PURPOSE RELATING TO OR RESULTING FROM ACCESS TO OR USE OF THE APP, SMS COMMUNICATION FUNCTIONALITY, OR LOCAL POLICE DEPARTMENT NOTIFICATION FUNCTIONALITY. THE DISCLAIMING PARTIES DO NOT WARRANT THE AVAILABILITY, ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE APP, MESSAGES SENT OR RECEIVED THROUGH, BY, OR VIA THE APP, OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE APP, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE, AND HEREBY DISCLAIM ANY SUCH WARRANTY, EXPRESS OR IMPLIED. THE DISCLAIMING PARTIES EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE APP, OR ANY INFORMATION, OR CONTENT INCLUDED IN THE APP, OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE APP. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE DISCLAIMING PARTIES EXPRESSLY DISCLAIM ANY LIABILITY BASED ON THE ACTS OR OMISSIONS, INCLUDING NEGLIGENCE, OF ANY APP USER, ICE CONTACT, LOCAL POLICE DEPARTMENTS AND EMERGENCY SERVICES PERSONNEL OR ANY AGENT, OFFICER, REPRESENTATIVE OR EMPLOYEE THEREOF.
3. IN NO EVENT WILL THE DISCLAIMING PARTIES BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THESE TERMS OR THE USE OF THE APP, INCLUDING IN THE EVENT OF ANY INTERRUPTION IN AVAILABILITY OF THE APP, DELAY IN OPERATION OR TRANSMISSION, ANY VIRUS OR OTHER DESTRUCTIVE CODE, LOSS OF DATA, OR THE USE, MISUSE, OR MANIPULATION IN ANY MANNER WHATSOEVER OF THE APP OR THE DATA COLLECTED THROUGH THE APP, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IF YOU ARE DISSATISFIED WITH THE APP, YOUR SOLE REMEDY IS TO STOP USING THE APP AND TO CLAIM UP TO TEN U.S. DOLLARS ($10) IN DEMONSTRABLE HARM ARISING OUT OF OR CONNECTED WITH THE APP.
4. THE APP IS PROVIDED FOR PERSONAL USE ONLY. WE HAVE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

Indemnification

You agree to indemnify, defend and hold Us, and Our respective subsidiaries, affiliates, directors, officers, employees, agents and assigns, harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the App or Our services and/or any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

Transfer of Rights and Obligations to Third Parties

We may transfer or license Our rights and/or obligations, in whole or in part, under these Terms to Our affiliates or to any third party, and may subcontract certain activities to third party vendors and business partners. We will inform you in advance of any transfer of these Terms (in their entirety) to a third party other than Our affiliates. You may not transfer your rights and obligations under these Terms to any other party.

Termination

We reserve the right to, in Our sole discretion, immediately and without notice suspend or terminate your ability to access the App at any time, in any manner, for any purpose or reason. Any such termination will not limit in any respect our rights to enforce and prosecute any violations of these Terms or your privacy rights.

These Terms shall survive termination of your access to the App for any reason, except for any obligation on us to provide you with the App. For clarity, we may continue to use and disclose data provided by you or collected in connection with your use of the App for any purposes that you have previously consented, including by these Terms or through the Privacy Policy.

If you uninstall the App at any time, any information or data you have entered into the App will no longer be accessible to you, however, we may retain, use, and disclose the information or data consistent with our Privacy Policy.

Notice to Apple App Store Users

The provisions of this Section only apply to you if you obtained the App or Subscription to the Services from the App Store. You acknowledge that these Terms are between you and Us only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You may access and use the App only on authorized Apple-branded products that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service. You agree to comply with any applicable third party terms when using the App. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Applicable Law

This Policy shall be governed under the laws of the State of New York and the Federal laws of the United States as they may be applicable.

Reliance on Information Posted

The information presented on or through the App and Our website, www.pawsqv.com (“Website”), is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, third-party licensors, and advertising services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided solely by Us are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Our opinions. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the App and Website

We may update the App and/or the content on the Website from time to time. However, any of the material on the App and/or Website may be out of date at any given time, and we are under no obligation to update such material.

Compliance with Local Laws

You must comply with all applicable local laws, regulations, ordinances, and directives while using the App. Use of the App is on your own initiative, at your own risk, and you are exlusively responsible for such compliance.

Waiver and Severability

No waiver by Us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms of Use and Privacy Policy and other incorporated documents constitute the sole and entire agreement between Us and you regarding the App and/or Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App and/or Website.

CONTACT INFORMATION : Info@pawsqv.com