Privacy Policy

END USER LICENSE AGREEMENT

XtracktMe Pty Ltd. and its affiliates (collectively, “XtracktMe,” “we” or “us”) respect your personal privacy and are committed to adhering to federal, state and local privacy laws and industry guidelines in order to protect you and your identity. XtracktMe DOES NOT sell or provide your data to any third party vendors. Information is used solely by XtracktMe our monitoring partners and first responder agencies (police, fire & EMS) as needed. This privacy policy (“Privacy Policy”) describes how we handle the personal information of users of XtracktMe Mobile Application, XtracktMe Command, and related services (the “XtracktMe Service”).  Please be sure to read this entire Privacy Policy before using, submitting, or uploading information and material to the XtracktMe Service.

If you are unwilling to accept the terms and conditions of this Privacy Policy, we ask that you do not use the XtracktMe Service.  By using the XtracktMe Service, you agree to the terms of this Privacy Policy.  When you submit information via the XtracktMe Service, you consent to the collection, use and disclosure of that information in accordance with this Privacy Policy.
XtracktMe reserves the right to occasionally update this Privacy Policy. At such time, XtracktMe will also revise the “last updated” date at the end of the Privacy Policy. For material changes to this Privacy Policy, XtracktMe will notify you by placing a prominent notice on the XtracktMe Service. We recommend that you periodically review this Privacy Policy.

INFORMATION THE COMPANY COLLECTS FROM YOU

            A.        Registration and Profile Information:  As part of the registration process, you will be asked to provide information including an e-mail address, your name, one or more contact phone numbers and contact information for your designated recipients.  If you elect to purchase a premium service, our billing partners, Apple, Google and Merchant services will collect billing and payment information from you.  From time-to-time, the XtracktMe Service may include functionality that permits you to provide profile information that may be accessible by recipients that you designate and applicable emergency responders.  This profile information may include, but is not limited to:  height, weight, personal photos, emergency contact information, allergies, medical conditions, disabilities, vehicle information, and other information that may be of assistance to people responding to incidents you report through the XtracktMe Service.  You may also have the ability to submit free text notes which includes other information that does not specifically fall within categories offered by the XtracktMe Service account management tools.

When you use the XtracktMe Service, we will not collect any of the foregoing personally identifiable information about you unless you provide it to us voluntarily.  When you create your personal vault of information, you will be asked for both personal and demographic information, some of which is required in order to complete the registration.  We will inform you which information is optional.

            B.        Incident Information:  When you use the XtracktMe Service to transmit any information pertaining to an incident (including video, audio, text and other data), XtracktMe will collect such information.

            C.        Geo-Location Information:  Unless you disable the geo-location functionality of the application or your mobile device, which will degrade our ability to provide accurate and timely service, the XtracktMe Service will track your location (when XtracktMe is activated and the GPS service on the phone is enabled) and associate/store such location with any messages, data or incidents that you transmit through the XtracktMe Service.  The XtracktMe Service will also utilize your geo-location to determine whether you are with the geographical zone of one or more third party emergency responders that have signed up with XtracktMe to receive incident data in their location.

            D.        Passive Information Collection:  As you navigate through a web site component of the XtracktMe Service, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as navigational data collection.  For example, when using the XtracktMe Service, we and/or our service providers may track Internet Protocol addresses, use session and persistent cookies, use session IDs and assign Internet tags.  Our system may also automatically gather information about the areas you visit on the XtracktMe Service and collect operational information about the technology you use, such as your browser, operating systems, IP address, system and application software, peripherals, Internet service providers and the domain name of the web site from which you linked to the XtracktMe Service.   In addition, when you view the XtracktMe Service, we may store some information on your computer or mobile device.  This information will be in the form of a cookie, flash cookie or similar file and will help us in many ways.  We reserve the right to use, and to permit our service providers to use, such cookies, flash cookies and web beacons, as well as other comparable or future technologies, to collect information regarding usage of the XtracktMe Service or our applications (including use of our applications on third party sites).  We passively collect information to understand what areas of the XtracktMe Service are most popular, which areas may require improvement and what technologies are being used by our visitors.  This information helps us to update and improve the XtracktMe Service.  We also use this information for security purposes, to detect and to block security breaches and to provide you with a safe online environment.

HOW THE COMPANY MAY USE AND DISCLOSE INFORMATION OBTAINED THROUGH THE SERVICE

            A.        Designated Recipients:  During the registration process and through use of account management tools, you will be asked to identify one or more recipients of any incident reports you elect to place through the XtracktMe Service.  Accordingly, when you utilize the XtracktMe Service to initiate an incident, you acknowledge and agree that all content in the incident report will be made available to and accessible by XtracktMe and the foregoing recipients and you have no expectation of privacy in connection therewith.  XtracktMe is not responsible for whether or how such third parties utilize the content and data you send to them.

B.        Emergency Responders:  From time-to-time, emergency responders (e.g., college campus security, municipalities, etc.) may subscribe to the XtracktMe Service.  You may view a list of then current emergency responders at any time at www.XtracktMe.com or www.XtracktMe.co.za  When you are within the designated geographic zone of such emergency responders, such third parties will receive any incidents your report through the XtracktMe Service as well as any applicable profile information you have supplied.  Accordingly, when you utilize the XtracktMe Service to initiate an incident, you acknowledge and agree that all content in the incident report and related profile information will be made available to and accessible by XtracktMe and the applicable emergency responders, and you have no expectation of privacy in connection therewith.  XtracktMe is not responsible for whether or how such third parties utilize the content and data you send to them.

C.        XtracktMe Use:  Your contact information (e.g., e-mail addresses, phone number) will only be used for the purposes for which you supplied it to us (e.g., responding to your comments or requests for information, sending requested newsletters, etc.).  Your billing information (credit card number, billing address) will only be used to process transactions between you and XtracktMe.

Except as otherwise stated, we may use information collected internally to operate the services described on the XtracktMe Service, to improve the XtracktMe Service, to customize the XtracktMe Service to your preferences, to communicate information to you, for research purposes and for any other purpose specified in this policy.  In addition, we may make full use of all information acquired through the XtracktMe Service that is not in personally identifiable form.

Other XtracktMe Disclosures:  In addition to the disclosure of your information to recipients and responders as described in clauses 2.A and 2.B above, we may disclose any of the information you provide:

(i) to contractors we use to support our business (such as hosting providers, technical support, web analytics and financial institutions), in which case we will require such third parties to agree to use it for the same purposes;

(ii) in the event of a sale, merger, liquidation, dissolution, reorganization, assignment or other transfer of XtracktMe or the business of the XtracktMe Service to which the information relates, in which case we will require any such buyer to agree to treat it in accordance with this Privacy Policy and use it for the same purposes;

(iii) to respond to law enforcement requests and subpoenas, where we believe in good faith that such response is required by applicable laws, court orders, or government regulations; and

(iv) in situations involving threats to the physical safety of any person.
XtracktMe does not otherwise distribute to third parties your personally identifiable information.  XtracktMe, however, will have no liability for disclosure of information obtained due to errors in transmission or the unauthorized intervention of third parties.

E.        Usage Statistics, Aggregated Information and De-identified Information:  XtracktMe may de-identify and aggregate your personal information (including, without limitation, usage statistics and geo-location information) with information from other users of the XtracktMe Service.  XtracktMe may use or disclose such aggregated information for purposes of operating, modifying, improving, promoting or otherwise commercializing the XtracktMe Service or the aggregate data, but in no event shall such aggregated information include any personally identifying information.

         CHOICES YOU HAVE ABOUT HOW THE COMPANY USES YOUR        INFORMATION

We strive to provide you with choices regarding the personal information you provide to us.  You may modify the personal information on your account at any time.  However, such modifications or deletions will only affect reports after the date of such modifications; any data associated with prior incident reports will remain unmodified as previously provided to your recipients and stored in our servers.  You also have control over which recipients will receive your incident reports and what profile data you elect to include and make accessible.

        HOW THE COMPANY PROTECTS YOUR INFORMATION

We work hard to protect your personal information.  We use both technical and procedural methods to maintain the integrity and security of our databases, including the use of encryption and limited access to data.  But you should keep in mind that no Internet transmission is ever completely secure or error-free.  PLEASE NOTE:  The safety and security of your information also depends on you.  Never share your password with anyone else, notify us promptly if you believe your password security has been breached, and remember to log off of the XtracktMe Service before you leave your computer or mobile device.

WHAT THE COMPANY DOES ABOUT CHILDREN USING THE WEB SITE

The XtracktMe Service is not intended for children under the age of 13, and children under 13 are prohibited from using the XtracktMe Service.  We will not knowingly collect personally identifiable information from visitors under the age of 13.  If a child has provided us with personally identifiable information, a parent or guardian of that child may contact us via e-mail at privacy@xtracktme.com if they would like this information deleted from our records.  We will use reasonable efforts to delete the child’s information from our databases.

HOW YOU CAN CONTACT THE COMPANY
If you have any questions, comments or concerns about this Privacy Policy or the information practices of this XtracktMe Service, please contact us at privacy@xtracktme.com.

This Privacy Policy was last updated in January 2015.

LICENSE RESTRICTIONS.
Your Mobile Device Only. This license is for a use of the XtracktMe App on a single Mobile Device owned or controlled by you. Each application is sold per device and locked to a singular mobile devise via its IMEI number, this is nontransferable between devises. This license does not allow you to use the XtracktMe App on any Mobile Device that you do not own or control, and you may not distribute or make the XtracktMe App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the XtracktMe App.
Limitations on Reverse Engineering, Decompilation and Disassembly. Except as expressly permitted by this license, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the XtracktMe App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the XtracktMe App). Any attempt to do so is a violation of the rights of XtracktMe and its licensors.  If you breach this restriction, you may be liable for damages and subject to prosecution.
Charges for Upgrades.  XtracktMe reserves the right to charge for any upgrades, updated versions, bugs, and fixes.  XtracktMe also reserves the right to require payment of periodic or annual fees for use by you of the XtracktMe App.  XtracktMe will notify you in the event any such fee is to be imposed.

Messaging Service [XtracktMe AND ALL INCLUDED COMPONENTS AND FEATURES] Terms and Conditions
The following terms and conditions shall apply for the use of the XtracktMe Messaging Service [including all relates services, components and features, and, if applicable, monitoring], XtracktMe Command, and the related web site(s) (“Messaging Service”).

A. NO UNLAWFUL OR HARMFUL USE OF THE MESSAGING SERVICE
You will not use the Messaging Service in any way that is unlawful or harms any person, customer, the Company or any affiliates, as determined in the Company’s sole discretion. The Company may inform you about certain specific harmful uses in notices provided from time to time through the Messaging Service, but has no obligation to do so. You may not use the Messaging Service in any way that breaches any notice applicable to the Messaging Service.

B. YOU ARE RESPONSIBLE FOR CONTENT YOU TRANSMIT AND RECEIVE
You acknowledge that you are aware of, and will adhere to all applicable federal, state, local, national or international laws; that your device settings to transmit video, pictures, and/or audio do not violate such laws; the content sent to or from your mobile phone or device (“Content”), is the sole responsibility of the person, individual or the organization, from which such Content was transmitted and/or requested. This means that you, and not the Company, are entirely responsible for all Content that you transmit receive or via the XtracktMe Messaging Service. You understand that all videos, images, locations, movements, messages, texts, files or any other materials posted on, transmitted through, or linked from the XtracktMe Messaging Service, are the sole responsibility of the person from whom such Content originated. You understand that the Company retains all related information for a period of at least one year, unless otherwise compelled. You understand that the Company does not control or endorse, and is not responsible for Content made available through the Messaging Service, and that by using the Messaging Service; you may be exposed to Content that is offensive, indecent, inaccurate, misleading, illegal or otherwise objectionable. Furthermore, the Content available through the Messaging Service may contain links to other websites, which are completely independent of the Company or the Messaging Service. The Company makes no representation or warranty (express or implied) as to the accuracy, completeness or authenticity of the information contained on the Messaging Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on the Content, and that under no circumstances will the Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Messaging Service. You acknowledge that the Company does not pre-screen or approve Content, but that the Company shall have the right (but not the obligation) in its sole discretion to refuse, review, delete or move any Content that is available via the Messaging Service, for violating the letter or spirit of these Terms of Use or for any other reason.  Under no circumstances will the Company its affiliates and/or third-party monitoring company(ies) be liable in any way for any Content, including, but not limited to, errors or omissions of any Content, violations of law through the use of the Messenger Service, loss or damage of any kind incurred as a result of the use of any Content made available to you via the Messaging Service.
You specifically agree not to use the XtracktMe Messaging Service:
(1) to send content to another person that may be viewed as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, infringing, or racially, ethnically or otherwise objectionable;
(2) to send content that is harmful to minors in any way;
(3) to impersonate any person or entity, including, but not limited to, a Company official, officer, employee, representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(4) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any identity used to transmit message through the Messaging Service to another;
(5) to send content to others that may be deemed as unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(6) to interfere with or disrupt the Messaging Service or servers or networks connected to the Messaging Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Messaging Service;
(7) to intentionally or unintentionally violate any applicable federal, state, local, national or international law;
(8) to stalk or otherwise harass another;
(9) to harvest or otherwise collect or store personal data about other users; or
(10) to play pranks on, falsely report events, harass or otherwise mislead any recipient or third party emergency responder.

You agree that the Messaging Service allows for, upon activation, the notification via text messages to and from cell phones and other devices that are listed in your profile, as well as emergency responders (to the extent applicable).  You also agree that, from time to time, the Company may notify you through the Messaging Service, to provide you with information regarding or related to the App or the Messaging Service.
You understand that the technical processing and transmission of the Messaging Service, including your provided information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  You also understand that some or all of the transmissions may not be encrypted or protected.

C. SPAM IS PROHIBITED AND CAUSES DAMAGE
Without limiting the generality of use of the Messaging Service, you will not use the Messaging Service to transmit, either directly or indirectly, any bulk mobile messages or unsolicited commercial mobile messages.  A breach of any part of the Federal Anti-Spam Laws is a breach of the Terms of Use and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) or such and equal laws in the country of the sender. Such violations may subject the sender and his or her agents to civil and criminal penalties.

D. DEALINGS WITH RECIPIENTS IS YOUR RESPONSIBILITY
Your communications through the Messaging Service are solely between you and the directed recipient(s).  You agree that the Company, its affiliates and/or third-party monitoring company(ies) are not insurers and shall not be responsible or liable for any loss, personal harm, or damage of any sort incurred as the result of any such communications, the delivery or failure thereof, or any response or lack thereof by the recipients or emergency responders.
The Messaging Service may provide, or third parties may provide, links to certain service providers, such as emergency responders, campus security, etc., when your mobile device appears within their geographic zone.   Because the Company does not have control over all service providers necessary to the Messaging Service and the connectivity between your mobile device and/or the Company servers and the service providers, you acknowledge and agree that the Company is not responsible for the availability of and communications to all such service providers, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials available from all such service providers. You further acknowledge and agree that the Company 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 from or through any such service providers outside of the control of the Company.

E. YOU AGREE TO SUPERVISE THE USE OF THE MESSAGING SERVICE BY YOUR CHILDREN
XtracktMe is concerned about the safety and privacy of all its users, particularly children. Children under the age of eighteen (18) years old are not permitted to use the Messaging Service without permission from their parents or guardians.  You warrant that, if you are under the age of eighteen (18) years old, that you have received the permission of your parents or guardians to use the App and the Messaging Service.

F. MANAGEMENT OF AMOUNT OF MESSAGES IS YOUR RESPONSIBILITY
You understand and agree that management of the amount of messages transmitted through the Messaging Service is your own responsibility. The Company may, at its sole discretion, provide a mechanism for opting out of the Messaging Services, such as by removing the phone numbers for all your contacts, including emergency responders, in the profile page of the App (which will prevent them from receiving any text messages in case of activation of the App).

G. YOU MAY BE CHARGED A FEE FOR MESSAGE DELIVERY BY YOUR NETWORK OPERATOR
You understand and acknowledge that your use of the Messaging Service, such as from your mobile device, is subject to any agreements with your network service provider and any fees they may charge, including but not limited to the fees for access or Content delivery.

H. ACCESS FROM OR DELIVERY TO MOBILE NETWORK IS NOT GUARANTEED
You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control and influence of the Company and, if applicable, its third-party monitoring company(ies), and that the Company and, if applicable, its third-party monitoring company(ies), may not be able to assist in resolution of such problems. You agree that the Company and, if applicable, its third-party monitoring company(ies), are not responsible for your use of the service outside of the servers of the Company and, if applicable, its third-party monitoring company(ies), and is not responsible or liable for problems arising in the network outside of its/their respective servers. The Company’s sole responsibility is to use commercially reasonable efforts to maintain the servers and the software, if any, for providing Messaging Service and, if applicable to your License, to use commercially reasonable efforts to provide commercially reasonable monitoring as part of your Messaging Service.

I. YOUR MESSAGING SERVICE MAY BE LIMITED BY YOUR OPERATOR OR YOUR DEVICE
You agree and accept that your use of the Messaging Service may be limited by your network operator or by the capabilities or capacities of your terminal or mobile device. The SMS messaging services is only available in the Country of your service contract and only if your mobile plan provides for text messages and the required mobile coverage.  You are responsible for checking to see if your mobile plan includes SMS text messaging.

J. MOBILE NETWORK OPERATORS MAY NOT SUPPORT PREPAID USERS
You acknowledge that certain operators of prepaid mobile plans do not support or offer certain mobile network services, such as delivery of messaging and mobile Internet access, to users of their prepaid services. You understand and agree that the Messaging Service and/or the XtracktMe App may not, in whole or in part, be available to you if you have such prepaid service and your mobile network operator does not support required mobile network services required for the Messaging Service.

K. COURT TESTIMONY
In the event that either XtracktMe or, if applicable, its third-party monitoring company(ies) are required to testify in court or in a related deposition in connection with an incident you submit through the XtracktMe App and/or the Messaging Service, XtracktMe and, if applicable, its third-party monitoring company(ies) reserve the right to charge you their then current fees in connection with such services.

INTELLECTUAL PROPERTY OWNERSHIP.
Intellectual Property of XtracktMe Pty Ltd. XtracktMe website's, including the XtracktMe App and XtracktMe Command, and any authorized copies you make thereof are the intellectual property of XtracktMe.  The structure, organization, and code of the XtracktMe App are the valuable trade secrets and confidential information of XtracktMe. The XtracktMe App is protected by law, including without limitation the copyright laws of the United States, South Africa and other countries, and by international treaty provisions. Except as expressly stated herein, these Terms of Use does not grant you any intellectual property rights in the XtracktMe App and all rights not expressly granted herein are reserved by XtracktMe.  The XtracktMe App is covered by one or more pending patent applications.
Third-Party Claims.  In the event any claim is brought against you alleging that the XtracktMe App or your possession and use of the XtracktMe App and XtracktMe Command, breaches any third-party’s intellectual property rights, your sole remedy is to immediately notify XtracktMe in writing for a refund of the purchase price.  XtracktMe shall not be liable for any defense, settlement, or discharge of such claim, except as provided in the preceding sentence.  You agree that, in the event XtracktMe notifies you to immediately cease using the XtracktMe App due to a third-party claim of infringement, regulatory or legal requirement or for any other reasonable purpose, you shall do so promptly.   Notwithstanding anything to the contrary above, XtracktMe’s total liability shall be limited to the fees paid by you over the preceding twelve (12) month period.

RECIPIENTS
If you are the recipient of an incident reported by any user of the XtracktMe App and/or the Messaging Service, you are solely responsible for whether and how you review, respond to or otherwise utilize any data received from such user through the Messaging Service.  You acknowledge and agree that XtracktMe is not responsible for the timing, accuracy or veracity of any content you receive through the Messaging Service.  You may view the content and data in any incident report through the Messaging Service and respond to the applicable user and/or incident.  XtracktMe does not grant you any license or right to download, distribute, publish or otherwise utilize the content or data you receive or access through the Messaging Service.  If you desire to do anything with the data or content you receive through the Messaging Service other than reasonable viewing by you thereof through the XtracktMe web site in connection with the incident, you are solely responsible for obtaining any necessary rights from the applicable user and any third parties included in the applicable recordings.  In any event, you are also subject to all other terms and conditions of these Terms of Use.
Professional Monitoring. For users who subscribe to professional monitoring, your pre-identified contact will not be notified by the XtracktMe App when beginning or ending an incident. Rather, this function will be replaced by our Professional Monitoring staff who, when/if appropriate or warranted will contact your pre-selected contacts to provide them information on the incident(s), appropriate information and services rendered.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE XtracktMe APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE XtracktMe APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE XtracktMe APP (“XtracktMe SERVICES”) AND/OR XtracktMe ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND XtracktMe HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE XtracktMe APP AND ANY XtracktMe SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT THERE IS NO GUARANTEE THAT THE XtracktMe APP WILL FUNCTION AS INTENDED, THAT ALL THE FUNCTIONALLY OR ANY FUNCTIONALITY WILL BE OPERATIONAL AT ALL TIMES.  XtracktMe DISCLAIMS ANY LIABILITY FOR SYSTEM DOWNTIME, OPERATIONAL ERRORS, LOSS OF DATA, DELIVERY ERRORS, TRANSMISSION LOSSES, OR LACK OF SERVICE.  XtracktMe ACCEPTS NO LIABILITY OF ANY KIND FOR THE CONSEQUENCES OF USING THE XtracktMe APP, THE FAILURE OF THE DELIVERY OF DATA TO CONTACTS YOU HAVE ENTERED IN YOUR PROFILE, OR THE FAILURE OF THE XtracktMe APP TO PRODUCE ANY INTENDED BENEFITS.
XtracktMe DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE XtracktMe APP, THAT THE FUNCTIONS CONTAINED IN THE XtracktMe APP OR THE XtracktMe SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE XtracktMe APP OR XtracktMe SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE XtracktMe APP OR XtracktMe SERVICES WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XtracktMe OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. IF THE XtracktMe APP OR XtracktMe SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION.
You agree to indemnify and hold XtracktMe, its officers, directors, employees, affiliates, subsidiaries, successors, assigns, directors, officers, agents, service providers, third-party monitoring company(ies), suppliers, employees, and representatives harmless from any and all claims, losses, demands, fines penalties, costs, and expenses including reasonable attorney fees and court costs, made by any third party due to or arising out of, or your violation of any rights of another made by or on behalf of you or any third party in connection with or arising out of your download, access, and/or use of the XtracktMe App, including any content or services provided therein, any information transmitted during your use of the XtracktMe App, including third party photographs and video or other Content, SMS messages, your violation of any term or condition of the Terms of Use, your breach of any of the representations and warranties herein, and your violation of applicable laws or any rights of another person or entity.  You also agree to indemnify XtracktMe against any claims made by the contacts listed in your profile based on XtracktMe sending communications to those contacts.

LIMITATIONS OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XtracktMe, ITS AFFILIATES AND/OR ITS THIRD-PARTY MONITORING COMPANIEY(IES) BE LIABLE FOR PERSONAL INJURY, DEATH, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE XtracktMe APP, THE COMPANY’S SERVERS, ANY ASPECT OF THE XtracktMe APP SOFTWARE OR THE MESSAGING SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE COMPANY’S MESSAGING SERVICE, IN EACH CASE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF XtracktMe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT STORED ON OR RETRIEVED FROM YOUR MOBILE DEVICE AND THAT IT IS YOUR SOLE RESPONSIBILITY TO KEEP THE INFORMATION IN THE XtracktMe APP UP TO DATE, ACCURATE, AND COMPLETE. XtracktMe WILL NOT BE HELD LIABLE FOR YOUR FAILURE TO MAKE CHANGES IN CONTACT INFORMATION.
YOU HEREBY WAIVE ANY AND ALL CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE XtracktMe APP AND ITS USE.

TERMINATION.
The license granted to you will continue until terminated as provided in this section. Without prejudice to any other rights XtracktMe, your license rights will terminate automatically if you violate any provision herein, or if XtracktMe sends a written (including email or text message) notice of termination to you directly. You may terminate or cancel the license by discontinuing use of the XtracktMe App. In the event of termination, for any reason, you shall cease all use of the XtracktMe App, uninstall the XtracktMe App from each Mobile Device in which you have installed it, and destroy all copies, full or partial, of the XtracktMe App.  XtracktMe reserves the right to terminate the license to a specific version of the XtracktMe App upon issuance of a new version.  Except for the license granted in Section 1 and as otherwise expressly provided herein, all sections of these Terms of Use that by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
NO CONTINUING OBLIGATION.
XtracktMe is not obligated by these Terms of Use to continue making the XtracktMe App available for any period of time whatsoever.
EQUIPMENT.  You must provide the Mobile Device and wireless connections that you will need to use the XtracktMe App at your own expense. XtracktMe does not guarantee that the XtracktMe App can be accessed through or will be compatible with all Mobile Devices or wireless service plans. XtracktMe does not guarantee that the XtracktMe App is available in all geographic locations. You acknowledge that when you use the XtracktMe App, your wireless carrier may charge you standard fees for data, messaging, and other wireless access. Check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THE XtracktMe APP THROUGH YOUR MOBILE DEVICE.

LEGAL COMPLIANCE; EXPORT ADMINISTRATION; GOVERNMENT USERS.
Legal Compliance. By accepting these Terms of Use, 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.
Export Controls. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the XtracktMe App and its use.
U.S. Government End-Users. The XtracktMe App and any related documentation may be deemed “Commercial Items,” as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227-7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to these Terms of Use. Unpublished rights are reserved under the copyright laws of the United States.

PRODUCT QUESTIONS, COMMENTS, CLAIMS, AND CONTACT INFORMATION.
XtracktMe is responsible for addressing any questions or comments relating to the XtracktMe App and/or your possession or use of the XtracktMe App.  If you have any comments or questions, please contact XtracktMe via info@xtracktme.com
If you have any questions about your mobile device or your cellular or data service, please contact the applicable third party.
ENTIRE AGREEMENT; SEVERABILITY.
This agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, except that these Terms of Use shall coexist with, and shall not supersede, the Privacy Policy, and the Apple, Windows and Android Terms of Service. To the extent that the provisions of this agreement conflict with the provisions of the Terms of Service, the conflicting provisions in this agreement shall govern. These Terms of Use and the relationship between you and the Company shall be governed by the laws of  South Africa without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa. The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Emergency App, the Messaging Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Updated January 2015