Last updated: May 21, 2022
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://homealerts.app website or Home Alerts app (the "Service") operated by Home Alerts ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2. Emergency Services
If you use our Alarm or Emergency Service, we will share account information with relevant public safety authorities, such as police, fire, or Emergency Responders (EMS).
By using our services you understand and agree that once any data or media hsa been provided to safety authorities it may be transmitted or made accessible via unsecured communications. You further understand that account information that is assocated with an emergency call maybe stored as public record, depending on the privacy protocols of your local safety authorities.You should only provide the information you want Emergency Responders to have acccess to. As a user of our Alarm/Emergency Service, you understand and agree and hereby authorize Home Alerts to release and disclose account information including user device media to Emergency Responders.
You are responsible for any charges or fees payable to third parties in connection with Home Alert Alarm Service or any offered Emergency Service. This includes, but not limited to, ambulances, municipal alarm chrages, Emergency Responders, and false alarm charges.
3. Alerts and Notifications
By using our Services, you agree to receive communications from us, including but not limited to e-mail, text messages, and push notifications. For any message or communication sent from use, standard message and data rates apply. Home Alerts is not responsible for such charges. Any communication that we send to you electronically will satisfy any legal communication requirements.
4. Service Availability
Services were designed for residents of the United States. Those who access services outside of the United States do so at their own violation and are responsible for their own local laws as well as applicable United States laws and regulations. Availability depends on user wireless service coverage or internet service provider.
At our sole discretion we may change a service, create usage limits for a service or stop providing a service. We cannot gauntee prior notices for such changes. We may terminate or suspend your access to a service without notice and without liability for any reason, or for no reason. Any violator of this agreement can expect their account to be suspended.
5. Pricing
If you elect to use services that have subscriptions you agree to the applicable pricing and payment terms. Home alerts may add new services and features for additional fees, amend fees due to internal costs at any time in its sole descretion. Any subscriptions through Google Play and Apple App Store must comply to the terms of those 3rd party services. As services mature, prices for subscriptions may change in Home Alerts sole discretion. Home Alerts will, in its best effort, send an e-mail communication 30 days before changes take effect. Home Alerts is not responsible for any charges or expenses you incur resulting from charges associated with its services. You authorize Home Alerts to continue charging the payment method for all charges due to Home Alerts until your Account is settled and your subscription is terminated. Payments are nonrefundable. There are no refunds or credits for partial use. Following any cancellation, subscriptions are valid until the paid period is complete.6. Free Trial
7. Indemnity
Home Alerts owners, investors, developers, employees, agents and affiliates are harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys's fees and litigation expenses), arising out of or related to the following:
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HOME ALERTS ENTITIES, WEBB APPS, WEBB FREELANCE LLC, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF NOONLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE NOONLIGHT ENTITIES AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.
9. Dispute Resolution
10. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Home Alerts . Home Alerts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Home Alerts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
11. Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of Michigan, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.13. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us support@homealerts.app