LifeSaver Terms of Service
Last Updated: May 28, 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES. BY USING OUR SERVICES, YOU AGREE TO THESE TERMS, INCLUDING, IF YOU USE OUR SERVICES AS AN INDIVIDUAL, THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 21. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.
These LifeSaver Terms of Service ("Terms") are a legal agreement between you ("you" or "your") and Life Apps LLC d/b/a LifeSaver Mobile ("LifeSaver", "we," or "us") and apply to your access to and use of our Services on behalf of yourself or if you are an Organization, to monitor the driving behavior of your App Users. The Services allow individuals and Organizations to monitor the driving behavior of themselves or other App Users. These Terms do not alter in any way the terms or conditions of any other agreement you may have with LifeSaver for products, services or otherwise. If you have any such other agreement with LifeSaver, the terms of such other agreement will control. Unless separately defined in these Terms, any capitalized terms used in these Terms have the meanings set forth in the Terminology section below.
LifeSaver reserves the right to change or modify these Terms at any time and in our sole discretion. If LifeSaver makes changes to these Terms, we will provide notice of such changes, such as by sending you a notification, by providing notice through the Services, and/or by updating the "Last Updated" date at the top of these Terms and posting the revised Terms to our Services. We encourage you to review these Terms regularly. Your continued use of the Services following our provision of such notice will confirm your acceptance of the revised Terms. Any changes to the Terms will apply on a going forward basis, and will not apply retroactively. If you do not agree to any amended Terms, you must stop using the Services.
IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY ORGANIZATION, THEN YOU ARE AGREEING TO THESE TERMS ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS. References to "you" and "your" in these Terms will refer to both the individual using the Services and to any such Organization.
If you have any questions or concerns regarding these Terms or our Services, please contact us at email@example.com.
App Users" are users who utilize our LifeSaver Apps, either on behalf of themselves or (a) as an employee, contractor, or agent of a company and whose use of the Services is monitored by such company (who we will collectively refer to in these Terms as "Employers") or (b) individuals whose use of the LifeSaver Apps is monitored by a parent or other guardian (who we will refer to in these Terms as "Guardians"). "Employer Content" means content any employee, contractor, or agent of an Employer posts, uploads to, transmits, distributes, stores, creates or otherwise publishes about the Services.
"Feedback" means any questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials that you submit about LifeSaver and/or the Services.
"LifeSaver Apps" means our mobile application(s) designed to improve driving behavior.
"LifeSaver Materials" means the Services, and all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials.
"LifeSaver Portals" means our online portals that Organizations use to review an App User's use of the LifeSaver Apps, including any associated APIs and API services.
"Organizations" means Employers, Guardians and any other person or entity monitoring the driving behavior of an App User through the LifeSaver Portals.
"Portal Users" are users who access and use the LifeSaver Portals to monitor the driving behavior of an App User. A Portal User may also be an App User who is monitoring their own driving behavior.
"Services" means the Sites, LifeSaver Apps, LifeSaver Portals, and any other products or services that link to these Terms.
"Sites" means our website and associated subdomains, currently located at https://lifesaver-app.com/ or https://lifesavermobile.com, as may be updated from time to time. For purposes of clarity, Sites does not include the URLs for the LifeSaver Portals.
"Third-Party Materials" means third-party websites, apps, mobile services or other third-party services and may also display, link to or otherwise make available other third-party content, data, information, events, apps or materials.
You represent and warrant that you (a) are at least 15 years of age, and (b) have not been previously suspended or removed from using the Services. If you are under 18 years of age, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of an App User under the age of 18, you agree to be fully responsible for the acts or omissions of such App User in relation to our Services.
3. Registration and Account
In order to use certain features of the Services, you may be required to register for an account with LifeSaver. If you create an account via our Services, you agree to: (i) provide accurate, current and complete information; (ii) maintain and promptly update your account information to keep it accurate, current and complete; (iii) maintain the security of your account; and (iv) promptly notify LifeSaver if you discover or otherwise suspect any security breaches or unauthorized access related to your account.
5. Monitoring Activities
Our Services may allow you to receive notifications regarding App User activities in connection with the LifeSaver App, including whether an App User unlocks the LifeSaver App while in a moving vehicle. You acknowledge and understand that we may not be able to provide such notifications at all times. For instance, we will not notify you if an App User has uninstalled the LifeSaver App from his or her device or if the App User quits the LifeSaver App completely by forcing it to shut down.
7. Copyright and Limited License
Unless otherwise stated, the LifeSaver Materials, as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of LifeSaver Materials may violate such laws and these Terms.
(a) License Grant. The LifeSaver Materials are licensed, not sold. Subject to your compliance with these Terms, LifeSaver grants you a non-exclusive, non-transferable, personal license to: (i) install, access and use the LifeSaver App and any LifeSaver Materials made available therein on any mobile device that you own or control, (ii) install, access and use the LifeSaver App and any LifeSaver Materials made available therein on any mobile device of an App User, solely to monitor such App User's distracted driving activities and promote safe driving, including in association with insurance purposes; and (iii) access and use the Portal and any LifeSaver Materials made available therein solely to monitor an App User's distracted driving activities and promote safe driving. This license does not allow you to distribute or make any LifeSaver Materials available over a network to be used by multiple devices at the same time. These Terms also govern any updates or replacements to the Services, unless separate terms accompany such updates or replacements, in which case the separate terms will apply.
(b) License Limitations. Section 8(a) above states the entirety of your license rights to the LifeSaver Materials. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) rent, lease, lend, sell, redistribute, sublicense or otherwise transfer any LifeSaver Materials; (b) use any LifeSaver Materials for any purpose other than your own individual use, unless authorized in writing by LifeSaver, such as pursuant to a written agreement; (c) copy, reverse engineer, decompile, disassemble or attempt to discover the source code for any LifeSaver Materials; (d) modify, alter or create any derivative works of any LifeSaver Materials; (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in any LifeSaver Materials; (f) work around any technical limitations in the LifeSaver Materials; or (g) use any LifeSaver Materials for any purposes for which they are not designed. If you violate any of the foregoing restrictions, your use of any LifeSaver Materials will be unlicensed and will infringe the copyright and other rights of LifeSaver, which may subject you to prosecution and damages.
(c) Ownership. The LifeSaver Materials are the valuable property of LifeSaver and our licensors and are protected by copyright and other intellectual property laws. LifeSaver, and our licensors, own all right, title and interest in and to the LifeSaver Materials, including all copyright and other intellectual property rights in the same. Except as expressly provided in these Terms, LifeSaver does not grant any express or implied rights to install, access or use any LifeSaver Materials.
"LifeSaver," the LifeSaver logo and any other LifeSaver product or service names, logos or slogans are LifeSaver's trademarks in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of LifeSaver. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners and may not be used without permission of the applicable trademark holder. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by LifeSaver.
9. Third-Party Materials
LifeSaver may provide links to Third-Party Materials on the Services. LifeSaver does not endorse or control, and makes no representations or warranties of any kind, regarding any Third-Party Materials including, but not limited to, the content, accuracy, quality, appropriateness, reliability, timeliness, safety, legality or any other aspect thereof. Your access to and use of Third-Party Materials is at your own risk.
You and any App User will not use the Services in any way that would: (a) constitute, encourage or provide instructions for a criminal offense; (b) violate the rights of any party, including, without limitation any rights of publicity or privacy; (c) violate any applicable third-party terms or agreements; or (d) violate any applicable local, state, national or international law or regulation.
11. Acceptable Use
You will be solely responsible for your conduct and any App User's conduct with respect to the Services, and you and any App User will not do any of the following in connection with the Services:
- Use or attempt to use another user's account without authorization from that user and LifeSaver;
- Sell or resell our Services, unless you have signed a written agreement with LifeSaver to be an authorized reseller of our Services;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary notices or markings, or otherwise make any derivative works based upon our Services;
- Use the Services in any manner that could damage, disable, overburden or impair the functionality of the Services in any manner, or in any way inconsistent with any documentation provided to you concerning the Services;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Develop any third-party applications that interact with the Services without our prior consent(s);
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third parties; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section 11 is solely at LifeSaver's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 11 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
12. Employer Content
Employers will screen, edit, and monitor the content on the websites, social media accounts, and other platforms under their control to ensure any posts, uploads, distributions, or other creations that affect adversely, harm, disparage or reflect negatively on LifeSaver or our Services or on our goodwill, name or reputation are not published or are promptly removed if published.
You can submit Feedback to us. You understand that Feedback, whether submitted through the Services or otherwise, is non-confidential and shall become the sole property of LifeSaver. LifeSaver shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
14. Termination or Modification of Services
LifeSaver reserves the right to change, suspend, remove, discontinue or disable access to any of the LifeSaver Materials at any time and without notice. In no event will LifeSaver be liable for the removal of or disabling of access to any portion or feature of the LifeSaver Materials.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND ANY LIFESAVER MATERIALS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND LIFESAVER MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIFESAVER DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SERVICES AND LIFESAVER MATERIALS, INCLUDING ANY AND ALL: (I) IMPLIED WARRANTIES OF MERCHANTABILITY; (II) IMPLIED WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT LIFESAVER KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. LIFESAVER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE (INCLUDING ACCURACY OF THE DRIVER DETECTION FUNCTIONALITY OR DRIVER VIOLATION REPORTS AND SCORES) OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY LIFESAVER OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY LIFESAVER OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
Some jurisdictions do not allow the disclaimer of certain implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
You agree, at your sole expense, to defend, indemnify and hold us and our directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way related to: (i) your, your Organization's, or any App User's use of the Services; or (ii) your, your Organization's, or any App User's violation of these Terms or the rights of any third party.
17. Limitation of Liability
(a) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFESAVER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND ANY LIFESAVER MATERIALS, AND/OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF LIFESAVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
(b) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFESAVER'S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES AND ANY LIFESAVER MATERIALS EXCEED THE GREATER OF THE FEES PAID BY YOU TO LIFESAVER FOR THE SERVICES OR $100 (USD).
To the fullest extent permitted by applicable law, you release LifeSaver from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
19. Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY. IF YOU ARE USING THE SERVICE AS AN INDIVIDUAL, NOT A COMMERCIAL ENTITY, THIS SECTION REQUIRES YOU TO ARBITRATE DISPUTES WITH LIFESAVER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and LifeSaver agree to arbitrate any dispute arising from these Terms or your or any App User's use of the Services, except that you and LifeSaver are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and LifeSaver agree (a) that any arbitration will occur in San Francisco, California; and (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND LIFESAVER WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
21. Disputes between LifeSaver and Entity Users
If you use our Services as part of or on behalf of an entity, you agree that any disputes arising from these Terms or your or any App User's use of the Services will be resolved through litigation. You expressly agree to exclusive jurisdiction in any competent court in Santa Clara County, California. All claims or proceedings brought by you or LifeSaver relating to these Terms will be brought only in the courts of such jurisdiction.
22. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
23. General Terms
(a) Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
(b) Governing Law; Venue. These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles. You agree that any action at law or in equity arising out of or relating to the Services or the Terms will be filed only in the state and federal courts located in Santa Clara County, California.
(c) Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
24. Additional Terms Applicable to iOS Devices
The following terms apply if you or any App User is installing, accessing or using the LifeSaver App on any device that contains the iOS mobile operating system developed by Apple Inc. ("Apple").
(a) Acknowledgement. You and LifeSaver acknowledge that these Terms are concluded solely between us, and not with Apple, and LifeSaver, not Apple, is solely responsible for the Services and the content thereof. You further acknowledge that the usage rules for the Services are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the Services, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
(b) Scope of License. The license granted to you is limited to a non-transferable license to use the Services on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
(c) Maintenance and Support. You and LifeSaver acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
(d) Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the LifeSaver App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the LifeSaver App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of LifeSaver. However, you understand and agree that in accordance with these Terms, LifeSaver has disclaimed all warranties of any kind with respect to the Services, and therefore, there are no warranties applicable to the LifeSaver App.
(e) Product Claims. You and LifeSaver acknowledge that as between Apple and LifeSaver, LifeSaver, not Apple, is responsible for addressing any claims relating to the LifeSaver App or your possession and/or use of the LifeSaver App, including, but not limited to: (i) product liability claims; (ii) any claim that the LifeSaver App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the LifeSaver App or your possession and use of the LifeSaver App infringe that third party's intellectual property rights, LifeSaver, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
(g) Legal Compliance. 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.
(h) Developer Name and Address. Any questions, complaints or claims with respect to the LifeSaver App should be directed to:
Life Apps LLC
3031 Tisch Way, San Jose, CA 95128
(I) Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
(j) Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Services.