Terms & Conditions
BY CHECKING IN THE BOX BELOW AND/OR USING SOTERIA MOBILE’S PRODUCTS, DEVICES AND APPS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY AMENDMENTS OR UPDATES. YOU SPECIFICALLY ACKNOWLEDGE YOU HAVE READ THE ENTIRETY OF THIS AGREEMENT AND UNDERSTAND ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS VERSION OF TERMS & CONDITIONS IS EFFECTIVE ON MAY 01, 2014.
1. Definitions. This paragraph shall define certain terms as used throughout these Terms and Conditions. “Agreement” shall refer to these Terms and Conditions. “Product” shall mean the Soteria Mobile tags, sensors and software applications (or “apps”) You purchased, acquired, licensed or use. “Premises” shall refer to the location(s) where You chose to use the Product. “Company” and/or “Soteria Mobile” shall refer to and include Soteria Mobile, Inc., its owners, directors, officers, shareholders, partners, subcontractors, independent contractors, employees, distributors, retailers, agents, and assigns. “You” and “Your” shall refer to the individual(s) who purchase, acquire and/or use the Product, download the app, and/or execute this Agreement.
2. LIMITATION OF LIABILITY, WAIVER, AND LIQUIDATED DAMAGES. IT IS UNDERSTOOD AND AGREED: SOTERIA MOBILE AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, SUBCONTRACTORS, DISTRIBUTORS, RETAILERS, AGENTS AND INDEPENDENT CONTRACTORS ARE NOT INSURERS NOR IS THIS AGREEMENT INTENDED TO BE AN INSURANCE POLICY OR A SUBSTITUTE FOR AN INSURANCE POLICY. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT DOES NOT OFFER GUARANTEED PROTECTION AGAINST BURGLARY, ROBBERY, THEFT, PROPERTY DAMAGE, BODILY INJURY OR ANY OTHER TYPE OF EMERGENCY OR DAMAGE. YOU AND YOUR END USERS ARE SOLELY RESPONSIBLE FOR DETERMINING INSURANCE NEEDS, AND PURCHASING ANY INSURANCE. YOU AGREE TO LOOK SOLELY AND EXCLUSIVELY TO YOUR INSURER TO RECOVER ALL LOSS, DAMAGE, OR EXPENSE DUE TO LOSS AND/OR DAMAGE TO YOUR PERSONAL PROPERTY OR REAL PROPERTY ALLEGEDLY CAUSED BY THE PRODUCT. YOU ALSO AGREE TO LOOK SOLELY AND EXCLUSIVELY TO YOUR INSURER IN RESPONSE TO ANY CLAIM FOR BODILY INJURY AND/OR PERSONAL INJURY ALLEGEDLY CAUSED BY THE PRODUCT, INCLUDING CLAIMS MADE BY OR AGAINST YOU. YOU HEREBY RELEASE SOTERIA MOBILE FROM ANY AND ALL LOSS, DAMAGE, AND/OR EXPENSE WHICH MAY OCCUR AS A RESULT OF YOUR USE, OR ATTEMPTED USE, OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, THE FAILURE OF THE PRODUCT TO PERFORM, YOUR ALLEGED FAILURE TO COMPLY WITH ANY RELEVANT RULE, STATUTE, CODE, LAW OR ORDINANCE, AND ANY ACT OR OMISSION OF SOTERIA MOBILE.
YOU ACKNOWLEDGE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES, IF ANY, WHICH MAY PROXIMATELY RESULT FROM A FAILURE OF THE PRODUCT, BECAUSE, AMONG OTHER THINGS: (A) THE AMOUNT OR VALUE OF PROPERTY ON THE PREMISES WHICH MAY BE LOST, STOLEN, DESTROYED, DAMAGED OR OTHERWISE AFFECTED BY A FAILURE OF THE PRODUCT IS UNCERTAIN; (B) THE AMOUNT OF POSSIBLE DAMAGES FOR BODILY INJURY OR DEATH IS UNCERTAIN; (C) WHAT PORTION, IF ANY, OF ANY LOSS AND/OR DAMAGE WAS PROXIMATELY CAUSED BY THE FAILURE OF THE PRODUCT IS UNCERTAIN; AND, (D) THE NATURE OF THE INCIDENTS THE PRODUCT IS MEANT TO ALERT YOU TO ARE UNPREDICTABLE.
YOU UNDERSTAND AND AGREE THAT YOUR RECOVERY OF DAMAGES AGAINST SOTERIA MOBILE FOR ANY FAILURE OF THE PRODUCT, OR ANY ACT OR OMISSION OF SOTERIA MOBILE, IS LIMITED TO THE TOTAL AMOUNT YOU PAID FOR THE PRODUCT. IN NO EVENT WILL SOTERIA MOBILE BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY TO THE PRICE YOU PAID FOR THE PRODUCT ESTABLISHES SOTERIA MOBILE’S EXCLUSIVE LIAIBLITY TO YOU, AND APPLIES WHERE SOTERIA MOBILE IS ALLEGED TO BE, OR IS FOUND LIABLE FOR, ANY PERSONAL INJURY, DEATH, PROPERTY LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, STATUTORY OR CONSEQUENTIAL DAMAGE, RESULTING FROM ANY ALLEGED FAILURE OF THE PRODUCT. THIS LIMITATION OF LIABILITY SHALL APPLY IRRESPECTIVE OF CAUSE AND REGARDLESS OF WHETHER SUCH LAWSUIT OR OTHER CLAIM IS BASED UPON ACTIVE OR PASSIVE NEGLIGENCE, BREACH OF EXPRESS OR IMPLIED CONTRACT OR WARRANTY, CONTRIBUTION, INDEMNIFICATION, STRICT OR PRODUCT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR ANY OTHER FAULT OR FAILURE OF SOTERIA MOBILE, OR THE PRODUCT. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD THE OPPORTUNITY TO MODIFY THIS LIMITATION OF LIABILITY BY CONTACTING SOTERIA MOBILE AND NEGOTIATING FOR SOTERIA MOBILE’S ASSUMPTION OF GREATER LIABILITY.
3. LIMITED WARRANTY. SOTERIA MOBILE WARRANTS ITS PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP WHEN USED AS INSTRUCTED BY SOTERIA MOBILE FOR A PERIOD OF ONE (1) YEAR FROM YOUR DATE OF PURCHASE. THIS WARRANTY IS NULL AND VOID IF PHYSICAL DAMAGE OCCURS TO THE PRODUCT IN ANY WAY, INCLUDING BUT NOT LIMITED TO: REMOVAL OR REPLACEMENT OF ELECTRONIC COMPONENTS, INCORRECT BATTERY USAGE, REMOVAL OF DEVICE SHELL OR CASING, ACCESSING THE INTERIOR OF THE PRODUCT AND/OR ANY ATTEMPT TO CIRCUMVENT OR ALTER THE PRODUCT’S PRESCRIBED OPERATION. TO THE EXTENT PERMITTED BY LOCAL LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. SOTERIA MOBILE DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED, SOTERIA MOBILE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT
SOTERIA MOBILE ‘S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW.
SOTERIA MOBILE ‘S LIMITED WARRANTY COVERS ONLY THOSE DEFECTS ARISING FROM NORMAL USE OF THE PRODUCT AND DOES NOT COVER ANY OTHER PROBLEMS, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM: (1) IMPROPER MAINTENANCE; (2) SOFTWARE, MEDIA, PARTS OR SUPPLIES NOT PROVIDED OR SUPPORTED BY SOTERIA MOBILE; (3) OPERATION OUTSIDE THE PRODUCT’S SPECIFICATIONS; (4) ABUSE OF THE PRODUCT; (5) NORMAL WEAR AND TEAR; OR, (6) UNAUTHORIZED MODIFICATION, ALTERATION, OR MISUSE.
4. INDEMNIFICATION AND SUBROGATION WAIVER. IN THE EVENT THAT ANY LAWSUIT OR OTHER CLAIM IS FILED OR MADE BY ANY THIRD PARTY AGAINST SOTERIA MOBILE WHICH IS BASED ON OR ARISES OUT OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO CLAIMS AND LAWSUITS ALLEGING THE PRODUCT FAILED TO PERFORM IN ANY RESPECT WHATSOEVER, YOU AGREE TO BE SOLELY RESPONSIBLE FOR AND SHALL INDEMNIFY, SAVE, DEFEND, AND HOLD SOTERIA MOBILE HARMLESS FROM AND AGAINST ALL SUCH CLAIMS INCLUDING PAYMENT OF ALL SOTERIA MOBILE’S DAMAGES, EXPENSES, COSTS, AND ATTORNEYS’ FEES INCURRED IN RESPONSE TO THE CLAIM OR LAWSUIT. THESE OBLIGATIONS APPLY IRRESPECTIVE OF CAUSE AND REGARDLESS OF WHETHER SUCH LAWSUIT OR OTHER CLAIM IS BASED UPON ACTIVE OR PASSIVE NEGLIGENCE, BREACH OF EXPRESS OR IMPLIED CONTRACT OR WARRANTY, CONTRIBUTION, INDEMNIFICATION, STRICT OR PRODUCT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR ANY OTHER FAULT OR FAILURE OF SOTERIA MOBILE, OTHERS OR THE PRODUCT. YOU AGREE TO INDEMNIFY, SAVE, DEFEND, AND HOLD SOTERIA MOBILE HARMLESS FROM ALL CLAIMS AND/OR LAWSUITS FOR SUBROGATION WHICH MAY BE BROUGHT AGAINST SOTERIA MOBILE BY ANY INSURER OR INSURANCE COMPANY OR ITS AGENTS OR ASSIGNS INCLUDING THE PAYMENT OF ALL SOTERIA MOBILE DAMAGES, EXPENSES, COSTS, AND ATTORNEYS’ FEES. YOU HEREBY WAIVE ALL CLAIMS FOR RECOVERY AGAINST SOTERIA MOBILE FOR ANY LOSS OR DAMAGE TO ANY PROPERTY OR LOSS INSURED UNDER VALID OR COLLECTIBLE INSURANCE POLICIES. THIS WAIVER OF SUBROGATION RIGHT SHALL EXTEND TO ALL FORMS OF SUBROGATION, INCLUDING, BUT NOT LIMITED TO, EQUITABLE AND CONVENTIONAL SUBROGATION, AND SHALL BE BINDING ON ANY AND ALL ASSIGNEES OR SUBROGEES OF YOUR RIGHTS. IN NO EVENT MAY YOU ENTER INTO ANY SETTLEMENT OR LIKE AGREEMENT WITH A THIRD PARTY THAT AFFECTS SOTERIA MOBILE’S RIGHTS OR BINDS SOTERIA MOBILE IN ANY WAY, WITHOUT SOTERIA MOBILE’S PRIOR WRITTEN CONSENT.
5. Installation and Use. You acknowledge and agree that You are solely responsible for decisions related to the installation and use of the Product, including, but not limited to, the proper installation of the product, selection of the location for the Product, confirmation that the Product is properly installed, testing the Product, ensuring that the Product is working, and compliance with all relevant rules, laws, statutes, codes, regulations, and/or ordinances. You acknowledge and agree that You are solely responsible for responding to any alerts, including contacting the appropriate authorities. You acknowledge and agree that You are not relying on Soteria Mobile to install, repair, maintain, or monitor the Product, and agree and acknowledge that Soteria Mobile cannot, and does not, ensure that the Product is installed or used correctly. It is solely Your obligation to advise Soteria Mobile if there is an issue with the Product, and You, without limiting other releases in this Agreement, hereby release Soteria Mobile from any damages, losses or expenses resulting from or as a consequence of issues related to the installation or use of the Product.
6. Additional Customer Duties, Responsibilities and Warranties. (A) Without in any way limiting the terms of Paragraph 2, You acknowledge and agree that: (1) it is Your sole responsibility to comply with all rules, laws, statutes, codes, regulations, and/or ordinances, local, state, and federal, relevant to the use of the Product, including, but not limited to, those related to privacy rights, eavesdropping, surveillance, and obligations of alarm users; (2) the Product is for Your own use and not for the benefit of any other party; and, (3) it is Your responsibility to implement a password to avoid being hijacked, and protect the password required to access Your account and the associated apps. (B) You acknowledge and agree that pursuant to Paragraphs 2 and 4 of this Agreement, You agree to waive any and all claims against Soteria Mobile, and agree to fully defend and indemnify Soteria Mobile, in response to any claim, demand and/or lawsuit arising out of (1) loss caused by unauthorized access to Your account, including, but not limited to the misplacement of Your password, loss of Your Password, or hijacking of Your password by unauthorized persons; and, (2) Your failure to comply with any rules, laws, statutes, codes, regulations, and/or ordinances, local, state, or federal, relevant to the use of the Product, including, but not limited to, those related to privacy rights, eavesdropping, surveillance, and obligations of alarm users.
7. Additional Equipment. If, at any time after the date hereof, You purchase additional Product, all sales are subject to the terms of this Agreement, including, but not limited to Paragraphs 2, 3, 4 and 19. Any added features, hardware, or software to the Product, either purchased by You or obtained through software updates, are subject to all terms of this Agreement, including, but not limited to Paragraphs 2, 3, 4, and 19.
8. Limitations of Product. You acknowledge and agree that all alarm systems, including the Product, are subject to compromise or failure for reasons outside the control of the manufacturer, retailers and distributors, including, but not limited to: (a) Your misuse of the Product; (b) the ability of an intruder to gain access through an unprotected opening; (c) an intruder’s technical sophistication enabling the intruder to bypass a sensor or the entire system; (d) signals sent by the Product may be blocked or reflected before being received; (e) a motion sensor’s ability to detect an intrusion is limited to the designed ranges and unobstructed areas, and can be interfered with by other IR (infrared) signals; (f) the Products ability to function, including but not limited to automated phone alert, short message service (“SMS”) alert and email alert, may be compromised by malfunction of routers, limited services by wireless phone carriers, internet service providers (“ISP”) and other related service providers, internet connection dropout, limited speed of high-speed internet by ISP, limited service such as iMessage, and/or push notification provided by smartphone maker(s). It is Your responsibility to properly set up and maintain the alert phone number list and notification email in the Soteria Mobile App and ensure listed accounts are active, including but not limited to the ability to receive phone calls, SMS alerts, and email alerts. It is solely Your responsibility to pay for any charges incurred if You choose to add Your phone number in the notification list in the Soteria Mobile App. and, (g) the Product, like any electrical system, is subject to component failures.
9. Transmission of Data. You understand and acknowledge the following: (a) the Product may transmit data to You through use of one or more forms of communication equipment or services, including, without limitation, a telephone network or some form of wireless communications (e.g., cellular or another form of radio transmission); (b) some or all of these communications equipment or services may access or incorporate the Internet, electric company lines, a local area network or some other form of computer network to transmit or retrieve data; (c) for data transmitted by a telephone network, there are various types of telephone line service including, without limitation, a Company-owned or operated network facility, direct wire, derived channel, multiplex, DSL, T-1, ISDN and various other forms of service; (d) for data transmitted by a wireless communications service or equipment, such services and equipment are problematic by their nature and can be affected or delayed by interference, atmospheric conditions, static, transmission system operation, etc.; and (e) for data transmitted or received via electric company power lines, the telephone company, the Internet or by any form of computer network, the Product’s ability to transmit or receive data will be dependent upon the electric company, Internet, Internet providers and/or computer network. Accordingly, You understand, acknowledge and agree that the Product is not infallible and the transmission and receipt of data from the Product, regardless of the type of transmission used, may be interrupted, circumvented, or otherwise compromised, and, because ensuring proper transmission is outside of Soteria Mobile’s control, You are solely responsible for ensuring proper transmission. You understand and acknowledge as follows: (i) the Product including, without limitation, the camera, remote tags, Bluetooth key fobs, motion sensors, and contact sensors are not supervised or monitored by anyone besides You; and, (ii) if the Product is incompatible, inoperative, or interrupted by any natural or human cause including, without limitation, any sort of interference, or the loss of a telephone line or dial tone (either because the line is cut, left off the hook, or otherwise), only You are responsible for ensuring the Product is working correctly; Soteria Mobile will not have any knowledge of a malfunction or misuse of the Product.
10. Soteria Mobile’s Default. In the event of any breach of this Agreement by Soteria Mobile, You agree to provide written notice to Soteria Mobile specifically identifying the nature of the breach and the provisions of this Agreement affected thereby, and to permit Soteria Mobile to cure the breach within thirty (30) business days after receipt of the written notice. If the breach cannot be reasonably cured within said period, Soteria Mobile will promptly commence to cure and diligently proceed until cured. If Soteria Mobile cures any said breach as provided herein, this Agreement shall continue uninterrupted and Soteria Mobile shall not be liable to You for any said breach.
11. Consent to Record, Disclose And Use Contents of Communications. You, as the owner and/or user of the Product, agree and acknowledge that it is solely Your responsibility and obligation to obtain any consent required by the jurisdiction in which You use the Product to record, retrieve, review, copy, disburse, disclose or use the contents of all any transmission, communication, or recording, video or photograph, obtained by the Product, and, without limiting the provisions of Paragraphs 2 and 4, agree to fully and completely defend and indemnify Soteria Mobile for any claim arising out of Your alleged improper use of the Product and/or Your failure to comply with Your legal obligations as user of the Product.
12. Exclusions and Limitations. Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Certain jurisdictions do not allow the exclusions of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by gross negligence, breach of contract, intentional acts, breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations in Paragraphs 2, 3, 4 and 19 of this Agreement which are lawful in the jurisdiction in which the use of the Product gives rise to the alleged damage or loss will apply to You and our liability will be limited to the maximum extent permitted by law.
13. Entire Agreement. The Terms of this Agreement (including any policies, guidelines or amendments that may be presented to You from time to time such as policies and legal notices) constitute the entire agreement between You and Soteria Mobile and govern Your use of the Product, superseding any prior agreements between You and Soteria Mobile.
14. Choice of Law and Forum. For purposes of any suit, action or other legal proceeding arising out of or from, in connection with or relating to this Agreement and/or the Product, You and Soteria Mobile irrevocably consent and submit to the exclusive jurisdiction and venue of any state or federal court sitting within Columbia County, Georgia. The laws of the State of Georgia, excluding its conflicts of law rules, govern this Agreement and Your use of the Product. You and Soteria Mobile waive any objection that either may have to jurisdiction or venue of any such suit, action or other legal proceeding.
15. Waiver and Severability of Terms. The failure of Soteria Mobile to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 specific provision at issue, and the other provisions of the Agreement remain in full force and effect.
16. Statute of Limitations. You agree that regardless of any statute or law to the contrary, all claims, actions, requests, or proceedings against Soteria Mobile must be commenced in court within one (1) year from the date of the event that resulted in the injury, death, property loss, or damage.
17. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be, and are, no third party beneficiaries to this Agreement.
18. Binding Agreement; Amendments; General Legal Matters. This Agreement becomes binding when You license or use the Product or Software. The headings used herein are for the convenience of the parties only and shall not be considered in construing the provisions of this Agreement. Should any term, provision, or condition of this Agreement, or the application thereof shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, or condition as applied shall remain in full force and effect. This Agreement is binding on Your heirs, executors, administrators, and successors. The interpretation of this Agreement shall not be construed against the drafter.
19. Updates. Soteria Mobile reserves the right to amend these Terms and Conditions at any time for any reason. In the event these Terms and Conditions are modified, Soteria Mobile will use commercially reasonable means to notify You of the updated Terms and Conditions.