Terms & Services
Our Terms & Services
We take safety very seriously - yet, we can't guarantee anything. This is from our lawyers and it means serious business.
PINGWHEN TERMS OF USAGE AGREEMENT & PRIVACY STATEMENT
GENERAL TERMS YOU MUST BE OLDER THAN 18 YEARS OLD TO USE PINGWHEN OR THE PINGWHEN WEBSITE.
This usage Agreement ("Agreement") is a binding agreement between you, a pingWHEN user ("Licensee," "Licensees," or "you"), and pingWHEN, Inc. ("Licensor"). This Agreement governs your use of the personal safety application, pingWHEN (including all related documentation, the "Application") (Licensor and Licensee are each individually referred to herein as a "Party" and collectively as the "Parties").
WHEREAS, pingWHEN has developed or acquired certain intellectual property for the Application, including but not limited to backend code for the Application;
WHEREAS, the Application is made available to the Licensees under this Agreement for testing and informational purposes only, and it is not sold to Licensees hereunder. The Application has not been released for sale, distribution or usage for the general public; and
WHEREAS, you acknowledge, represent and expressly agree, by clicking the "I accept the terms..." checkbox, by executing a written copy of this Agreement, by downloading, installing, or otherwise using the Application, that you are of legal age to enter a binding agreement, acknowledge that you have read and understand this Agreement, and you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, do not download, install or use the Application, and delete it from your mobile device.
1. License . Subject to the terms and conditions of this Agreement, Licensor grants to you, and each Licensee a limited, non-transferable and non-exclusive license to download, install, and use the Application for Licensee's personal, non-commercial use, in accordance with the terms and conditions set forth herein.
2. License Restrictions. Licensees shall not:
a. Copy or reproduce the Application in any way whatsoever;
b. Modify, translate, adapt or otherwise create derivative works or improvements to the Application;
c. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
d. Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof; and
e. Rent, lease, lend, sell, sublicense, assign, distribute, publish, market, transfer, commercially exploit in any way, or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason.
3. Updates. Licensor may from time to time, and in its sole discretion, develop and provide Application updates, including upgrades, bug fixes, patches, and other error correction or new features (collectively, including related documentation "Updates". Updates may also modify or delete in their entirety certain features and functionality. Licensee agrees that Licensor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Licensee further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
4. Ownership. Licensee acknowledges and agrees that Licensor own all right, title and interest in and to the Application including without limitation any and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein. Licensee agrees not to use Company's trademarks or other business names for any purpose or to take any actions which are harmful to or inconsistent with Company's rights in its trademarks, service marks and trade names. Licensee does not, and will not acquire any rights, express or implied, in the Application, other than those specified in this Agreement.
5. Term and Termination . The term of this Agreement commences when you first click the "I accept the terms..." checkbox, execute a written copy of this Agreement, download, install or otherwise use the Application. Licensee may terminate this Agreement by deleting the Application and all copies thereof from your mobile device. Licensor may terminate this Agreement at any time without notice, for any reason, no reason, or if it ceases to support the Application. This Agreement will terminate immediately, automatically and without notice if Licensee fails to comply with the terms of this Agreement. Upon termination, all rights granted to Licensee under this agreement shall terminate, and Licensee must cease all use of the Application and uninstall and delete all copies of the Application.
6. Confidential Information.
Licensee acknowledges that confidential information (including trade secrets and confidential technical, financial and business information) (collectively, "Confidential Information") may be accessible to Licensee pursuant to this agreement. Licensee shall use no less than the same means it uses to protect its similar confidential and proprietary information, but in any event not less than reasonable means, to prevent the disclosure and to protect the confidentiality of the Confidential Information of Licensor. Licensee agrees that it will not disclose or use the Confidential Information of Licensor except for the purposes of this agreement and as authorized herein. Licensee will promptly report to Licensor any unauthorized use or disclosure of Confidential Information of which the Licensee becomes aware, and provide reasonable assistance in the investigation and prosecution of any such unauthorized use or disclosure.
7. Disclaimer of Warranties. Licensee acknowledges and agrees that:
a. The Application has not been commercially released for sale by Licensor;
b. The Application may not be in final form or fully functional and it is expected that it may contain errors, design flaws, or other problems which cannot or will not be corrected by Licensor;
c. Licensor is under no obligation to release a commercial version of the Application and any commercial product released may not be backward compatible and or the programming interfaces may change;
d. Licensor has the right to unilaterally abandon development of the Application at any time and without any obligation or liability to the Licensees or any third party;
e. THE APPLICATION IS BEING SUPPLIED TO LICENSEE ON AN AS IS BASIS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXPRESSLY DISCLAIMED TO THE EXTENT ALLOWED BY APPLICABLE LAW; and
f. Licensee shall make no claim against Licensor for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use or operation of the Application.
8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR, OR ANY OF HIS/HER RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO LICENSEES USE OR MISUSE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification. Licensee agrees to indemnify, defend and hold harmless Licensor and his/her employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to Licensee's breach of this Agreement or unauthorized use or misuse of the Application. Furthermore, Licensee agrees that Licensor assumes no responsibility for the content Licensee submits or makes available through this Application.
10. Notice. Any notices given by either Party to the other under this Agreement shall be sufficient if in writing and delivered by electronic mail to the other Party's email address, as is known at the time, or through an interface provided by the Licensor in the Application. Either Party may change its email address by a written notice sent in accordance with this Section 10. Electronic notices shall be presumed communicated on the date of mailing, and notices via Application interface shall be presumed communicated on the date of submission. The Licensor email address will be provided and updated on their website.
11. Integration. This Agreement and all Exhibits hereto, as well as agreements and other documents referred to in this Agreement constitute the entire agreement between the Parties with regard to the subject matter hereof and thereof. This Agreement supersedes all previous agreements between or among the Parties. There are no agreements, representations, or warranties between or among the Parties other than those set forth in this Agreement or the documents and agreements referred to in this Agreement.
12. Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.
13. Consent to Jurisdiction. The Parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in the State of Delaware.
14. Choice of Law. This Agreement shall be governed by and construed under the laws of the State of Delaware without consideration of its conflict of laws provisions.
15. General Interpretation. The terms of this Agreement have been negotiated by the Parties hereto and the language used in this Agreement shall be deemed to be the language chosen by the Parties hereto to express their mutual intent. This Agreement shall be construed without regard to any presumption or rule requiring construction against the Party causing such instrument or any portion thereof to be drafted, or in favor of the Party receiving a particular benefit under the agreement. No rule of strict construction will be applied against any person.
13. Further Assurances. If at any time after the execution of this Agreement any further actions are necessary or desirable to carry out the purposes of this Agreement, each of the Parties will take such further actions (including the execution and delivery of such further instruments and documents) as any other Party may reasonably request, all at the sole cost and expense of the requesting Party.
14. Mobile Services Additional Terms: PingWHEN offers communication solutions for mobile phones, and standard-rated text messages are part of the PingWHEN Services. For example, text messages are sent when a location request is made and there has been no check-in or when settings are synchronized between the phone and portal and no internet connection is available. Messaging and data rates may apply depending on the terms of your individual mobile service plan.
15. Technology Servers: Pingwhen takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. Pingwhen makes no representations or warranties as to the interoperability of the Pingwhen Services with any network or servers. You acknowledge that Pingwhen shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the Pingwhen Services to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the Pingwhen Services.
16. Complete and Accurate Information: You shall provide Pingwhen with accurate, truthful, and complete information (including, but not limited to your name, phone number and e-mail address) and to keep your information accurate and up-to-date.
In using the Application and the Service, you warrant, agree and undertake:
that the information provided by you is true and accurate;
that you shall not fraudulently use the Application or the Services;
that you shall not use the Service in breach of these Terms and Conditions;
- to comply with all applicable laws, ordinances, codes, rules, regulations, notices, instructions and/or directives of the relevant authorities or any notices, instructions, directives or guidelines given by Pingwhen in connection with Application and the Services;
- not to use the Application and the Service for any illegal or fraudulent activities;
- not to use the Application and the Service for purposes you know are false, misleading, untruthful or inaccurate;
- not to use the Application and the Service for purposes you know are false, misleading, untruthful or inaccurate;
- not to use the Application and the Service for purposes which would infringe any intellectual property right subsisting within the Application or the Service.
The Pingwhen Services may contain Voice-over-IP based communications, SMS based communications, data sync service, application download services, chat support services, positioning services through GPS or triangulation technology, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Pingwhen, other users of the Pingwhen Services, or the public at large (collectively, "Communication Services".) You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Pingwhen Services. You agree that you shall NOT:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Locate another user through our location services without their consent, unless the other user is a minor of whom you are a parent or legal guardian or a third party administrator authorized by a parent or legal guardian to locate through our location services
- Locate another user through our location services if applicable laws do not permit you to locate digitally even after consent has been granted.
- Use the Pingwhen Services or the Communication Services for any purpose other than communication purposes with predesignated contacts. The Pingwhen Services may not be sold, rented or otherwise commercialized with third parties.
- Register for more than one account or register for an account on behalf of an individual other than yourself or your child.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
Pingwhen reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pingwhen's sole discretion.
Disclaimer: The Service is provided on an "AS IS" basis without any representation or warranties of any kind whether express or implied. The Application and the Service is used by you at your own risk. Pingwhen, its related and affiliated corporations disclaim and exclude all warranties relating to the content, information, services relating to or in connection with the Services including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. Pingwhen does not warrant that the Service will be uninterrupted, timely or error-free.
In no event shall Pingwhen, its related and affiliated corporations be liable to you or anyone else for any loss or injury including loss of use, data, revenue or profits, or any indirect, special, exemplary, consequential damages in an action for breach of contract, arising out of or in connection with your access, use of, or your inability to access or use the Service.
Pingwhen shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pingwhen control, including, without limitation, mechanical, electronic or communications failure or degradation.
You acknowledge and understand that:
- the Application and the Service is only a communication and information service between you and your predetermined contacts;
- Pingwhen makes no representation or guarantee as to your contact's response or response time upon activation of the Application and the Service;
- that the Application and the Service will not function where there is no accessibility or availability to mobile telecommunication services;
- that the location information given by the Application and the Service is only approximate and accurate to roughly a few hundred meters to a few kilometres;
- that the functioning of the Application and the Service depends on the proper function of your mobile phone equipment including the ability of your mobile phone equipment to access mobile telecommunication services;
- Pingwhen makes no representation that the use of the Application or the Service can or will effectively prevent any lawful or unlawful acts from occurring which may or may not affect you;
- any and all civil consequences, whether direct or indirect, arising out of any lawful or unlawful actions or omissions of third parties against you shall lie wholly and completely against said third parties and not against Pingwhen and its related companies or affiliates and therefore Pingwhen shall not be liable in any way for any loss or injury arising out of or in connection with the above.
18. Limitation of Liability: It is agreed that the parties do not owe each other a duty of care in light of the contractual relationship set out herein. All parties' obligations and liabilities are limited to the performance of the strict contractual terms expressly set out herein.
Without prejudice to the foregoing, in the event a court or an arbitrator holds or finds Pingwhen or its related and affiliated corporations liable to you for any breach or default by Pingwhen or its related and affiliated corporations, you agree that the amount of damages payable by Pingwhen or its related and affiliated corporations shall not at any time exceed the sum of USD200.00.
Agreement: By clicking to the agreement you have read, agreed and hereby consent to the collection and processing of my personal information/personal data in accordance with the Pingwhen Privacy Statement and agree to the Terms and Conditions of the Service. You further agree that the Pingwhen Privacy Statement shall form an integral part of the Terms and Conditions of service.
Collection and Use of Information:
We collect the following types of information about you:
Information we collect from you directly:
- Registration and Profile Information. When you create an account, we may collect your personal information such as your username, first and last name, birth date, email address, mobile phone number, location for a journey. After you set up your account, we may ask for other profile and demographic information, such as personal emergency contact or a location and estimated time.
- Geolocation . We collect your unique user identifier and your location through GPS, WiFi, or wireless network triangulation in order to obtain your location for the purposes of providing our Service. We collect the location of your designated location to provide alerts to your pre-designated contacts when you arrive and leave. If you turn off location, we will not share your location; however, while you are logged in to your account, we will continue to collect your location information in order to provide the Service (for example, to provide your pre-designated emergency contact to share your location via SMS). We maintain location information only so long as is reasonable to provide the Service and we will keep this data forever. Data may be accessed by team members at any point and in any form to fulfill business function.
- Messages and User Content. We collect information when you set pre-designated contacts and communicate with them through use of the service. We may also retain any messages you send to us. We use this information to operate, maintain, and provide to you the features and functionality of the Service and to communicate directly with you, such as to send you alerts on the movements of your Family members, crime alerts in your neighborhood, etc. We may also send you Service-related emails (e.g., account verification, parental consent notification, order confirmations, change or updates to features of the Service, technical and security notices). You may not opt-out of Service-related e-mails.
Information we receive about you from others:
- Social Media. When you interact with our site through various social media, such as when you Like us on Facebook or post a comment to our Facebook page, we may receive information from the social network such as your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to Pingwhen's website or Service.
Information we collect automatically through the use of technology:
When you visit our website or use our mobile app, we and our business partners may collect certain information about your computer or device through technology such as cookies, web beacons, log files, or other tracking/recording tools. The information we collect through the use of tracking technologies includes, but is not limited to, IP address, browser information, referring/exit pages and URLs, click stream data and how you interact with links on the website, mobile app, or Service, domain names, landing pages, page views, cookie data that allows us to uniquely identify your browser, browsing behavior on our site, mobile device type, mobile device IDs or other persistent identifiers, and location data collected from your mobile device.
Some or all of this data may be combined with other personally identifying information described above. We use this information to:
- Remember information so that you will not have to re-enter it during your visit or the next time you visit the site or mobile app,
- Provide custom, personalized content and information,
- Monitor the effectiveness of our Service and our marketing campaigns,
- Monitor aggregate metrics such as total number of visitors, users, traffic, and demographic patterns,
- Diagnose or fix technology problems reported by our Users or engineers that are associated with certain IP addresses or User IDs, and
- Automatically update our mobile application on your system and related devices.
You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled. To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit the Network Advertising Initiative's online resources, at http://www.networkadvertising.org.
Sharing of Your Information
Personal Information: We will not rent or sell your personal information to third parties outside the Company and its controlled subsidiaries and affiliates without your consent, except as noted below:
We share your information, including name, email and location, with others within your PingWHEN designated contacts that you predefined.
We may share your personal information with our third-party business partners, vendors and consultants who perform services on our behalf, such as accounting, managerial, technical, marketing or analytic services. These business partners will be given access to your information as necessary to deliver the Service under reasonable confidentiality terms.
Any information or content that you voluntarily post to the website or to our Facebook page will automatically be available to the public. We may publicly post your reviews and comments online on our website or mobile app, or link your reviews to third party websites.
We may aggregate or otherwise strip data of all personally identifying characteristics of our data and may share that aggregated, anonymized data with third parties.
We may at any time buy or sell/divest the company, or any combination of its products, services, assets and/or businesses. Personal information such as customer names and email addresses, and other user information related to the Service will likely be one of the items transferred in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings.
3. How We Protect Your Information
Pingwhen cares about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect and that we share with our service providers. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
4. Your Choices About Your Information
You may, of course, decline to submit any personal information through the Service, in which case Pingwhen may not be able to provide its Services to you.
- Modifying Your Account Information and Settings: You may modify your account information, update or amend your personal information, or change your password at any time by logging in to your account. You can also stop receiving promotional email communications from us by clicking on the "unsubscribe link" provided in such communications. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, parental consent notification, order confirmations, change or updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at firstname.lastname@example.org.
- Delete Your Account and Personal Information: We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account, please contact us at email@example.com.
- Opting Out of Collection of Tracking Data: The only way to completely "opt out" of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser. Please refer to your browser's technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit the Network Advertising Initiative's online resources, at http://www.networkadvertising.org.) Depending on your mobile device, you may not be able to control tracking technologies through browser settings but you can uninstall the app if you no longer wish to participate in our Service.
5. Links to Other Web Sites and Services