Tag a Texter Terms of Service

Last Updated:August 15, 2014

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR APP, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR APP.

These Tag a Texter Terms of Service (“Terms”) are a legal agreement between you (“you”) and Life Apps LLC (“Life Apps”, “we,” or “us”) and apply to your access to and use of our Tag a Texter mobile application and online services (“App”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Life Apps for other products, services or otherwise.

Life Apps reserves the right to change or modify these Terms at any time and in our sole discretion. If Life Apps makes changes to these Terms, we will provide notice of such changes, such as by sending you a notification, by providing notice through the App, and/or by updating the “Last Updated” date at the top of these Terms and posting the revised Terms to our App. Your continued use of the App 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 App.

If you have any questions or concerns regarding these Terms or our App, please contact us at support@lifesaver-app.com.

  1. Eligibility

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 between the ages of 15 and 18, you represent and warrant that your parent or legal guardian agrees to be bound by these Terms and to be responsible for your use of the Services.

  1. Registration and Account

In order to use certain features of the App, you may be required to register for an account with Life Apps. If you create an account via our App, 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 Life Apps if you discover or otherwise suspect any security breaches related to your account.

  1. Access to Device; Privacy Policy

You authorize us to access your mobile device via the App and collect information about you and your device. Please refer to our privacy policy for information about how we collect, use and share information about users of our App.

  1. Copyright and Limited License

Unless otherwise stated, the App, and all materials contained on or within the App, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Life Apps 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 Life Apps Materials may violate such laws and these Terms.

  1. License Grant. The Life Apps Materials are licensed, not sold. Subject to your compliance with these Terms, Life Apps grants you a non-exclusive, non-transferable, personal license to install, access and use the App and any Life Apps Materials made available therein on any mobile device that you own or control solely to promote safe driving by identifying distracted driving activities. This license does not allow you to distribute or make any Life Apps 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 App, unless separate terms accompany such updates or replacements, in which case the separate terms will apply.

  2. License Limitations. Section 4(a) above states the entirety of your license rights to the Life Apps 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 Life Apps Materials; (b) use any Life Apps Materials for any purpose other than your own personal, noncommercial use, unless authorized in writing by Life Apps; (c) copy, reverse engineer, decompile, disassemble or attempt to discover the source code for any Life Apps Materials; (d) modify, alter or create any derivative works of any Life Apps Materials; (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in any Life Apps Materials; (f) work around any technical limitations in the Life Apps Materials; or (g) use any Life Apps Materials for any purposes for which they are not designed. If you violate any of the foregoing restrictions, your use of any Life Apps Materials will be unlicensed and will infringe the copyright and other rights of Life Apps, which may subject you to prosecution and damages.

  3. Ownership. The Life Apps Materials are the valuable property of Life Apps and our licensors and are protected by copyright and other intellectual property laws. Life Apps, and our licensors, own all right, title and interest in and to the Life Apps Materials, including all copyright and other intellectual property rights in the same. Except as expressly provided in these Terms, Life Apps does not grant any express or implied rights to install, access or use any Life Apps Materials.

  1. Trademarks

Tag a Texter,” the Life Apps logo and any other Life Apps product or service names, logos or slogans are Life Apps’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 Life Apps. All other trademarks, registered trademarks, product names and company names or logos mentioned on the App 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 Life Apps.

  1. Third-Party Materials

Life Apps may provide links to 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 (collectively, “Third-Party Materials”) on the App. Life Apps 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.

  1. Compliance

You will not use the App 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.

  1. Acceptable Use

You will be solely responsible for your conduct with respect to the App, and you will not do any of the following in connection with the App:

  • Use the App in any manner that could damage, disable, overburden or impair the functionality of the App in any manner, or in any way inconsistent with any documentation provided to you concerning the App;

  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the App or to extract data;

  • Develop any third-party applications that interact with the App without our, prior consent(s); and

  • Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the App or third parties.

  1. User Content

You are solely responsible for all content you post, upload to, transmit, distribute, store, create or otherwise publish through the App (“User Content”). You must not post, upload to, transmit, distribute, store, create or otherwise publish through the App any of the following:

  • User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, vulgar, harassing, offensive, discriminatory, fraudulent, deceptive or otherwise objectionable;

  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

  • Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the App; or

  • User Content that, in the sole judgment of Life Apps, is objectionable.

Although Life Apps does not control and has no obligation to screen, edit or monitor any User Content, Life Apps reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the App at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post, store or upload on (or otherwise make available via) the App at your sole cost and expense.

You hereby grant Life Apps a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, perform and display any User Content via the App and in any other medium. You represent and warrant that: (i) you grant the rights granted in these Terms; (ii) the User Content that you post via the App is accurate and not misleading; and (iii) our use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.

  1. Feedback

You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Life Apps and the App (collectively, “Feedback”). Feedback, whether submitted through the App or otherwise, is non-confidential and shall become the sole property of Life Apps. Life Apps 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.

  1. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, Life Apps has adopted a policy of terminating, in appropriate circumstances and in Life Apps’s sole discretion, users who are deemed to be repeat infringers. Life Apps may also, in our sole discretion, limit access to our App and/or terminate the accounts of any users who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on our App infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Designated Agent: Life Apps Copyright Agent
Address: 899 Highlands Circle, Los Altos, CA 94024
Telephone Number: 415-237-3636
Fax Number: 309-294-5298
E-Mail Address: info@lifesaver-app.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

  1. Termination or Modification of App

Life Apps reserves the right to change, suspend, remove, discontinue or disable access to any of the Life Apps Materials at any time and without notice. In no event will Life Apps be liable for the removal of or disabling of access to any portion or feature of the Life Apps Materials.

  1. Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND ANY LIFE APPS 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 APP AND LIFE APPS MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIFE APPS DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE APP AND LIFE APPS MATERIALS, INCLUDING ANY AND ALL: (I) IMPLIED WARRANTIES OF MERCHANTABILITY; (II) IMPLIED WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT LIFE APPS 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. LIFE APPS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY LIFE APPS 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.

  1. Indemnification

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 use of the App; or (ii) your violation of these Terms or the rights of any third party.

  1. Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFE APPS 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 APP AND ANY LIFE APPS 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 LIFE APPS 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.

  1. IN NO EVENT WILL LIFE APPS’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 APP AND ANY LIFE APPS MATERIALS EXCEED ONE HUNDRED DOLLARS ($100).

  1. Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH LIFE APPS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You and Life Apps agree to arbitrate any dispute arising from these Terms or your use of the App, except that you and Life Apps 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 Life Apps 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 LIFE APPS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

  1. General Terms

  1. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

  2. 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 App or the Terms will be filed only in the state and federal courts located in Santa Clara County, California.

  3. 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.

  1. Additional Terms Applicable to iOS Devices

The following terms apply if you install, access or use the App on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”).

  1. Acknowledgement. You and Life Apps acknowledge that these Terms are concluded solely between us, and not with Apple, and Life Apps, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App 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 App, 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.

  2. Scope of License. The license granted to you is limited to a non-transferable license to use the App 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.

  3. Maintenance and Support. You and Life Apps acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

  4. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the 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 Life Apps. However, you understand and agree that in accordance with these Terms, Life Apps has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.

  5. Product Claims. You and Life Apps acknowledge that as between Apple and Life Apps, Life Apps, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  6. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, Life Apps, 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.

  7. 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.

  8. Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to:

Life Apps LLC
899 Highlands Circle, Los Altos, CA 94024
info@lifesaver-app.com

  1. Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.

  2. 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).