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Terms & Conditions

Effective Date: May 13, 2025

1. Agreement to Terms

Welcome to EmergenSync. These Terms of Use constitute a legally binding agreement ("Agreement") between you ("User," "you," or "your") and EmergenSync, Inc. ("EmergenSync," "we," "us," or "our") governing your access to and use of the EmergenSync mobile application, including any content, functionality, and services offered through the app (collectively, the "App").

By downloading, accessing, or using the App, you accept and agree to be bound by these Terms of Use. If you do not agree to these terms, you must not access or use the App.

2. Changes to the Terms

We may revise these Terms of Use at any time by updating this posting. All changes are effective immediately when posted and apply to all access to and use of the App thereafter. Your continued use of the App following the posting of revised Terms of Use means you accept and agree to the changes. We encourage you to check this page periodically so that you are aware of any changes.

3. Accessing the App and Account Security

We reserve the right to withdraw or modify the App, and any service or material provided on the App, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App is unavailable at any time or for any period.

You are responsible for:

  • Making all arrangements necessary for you to have access to the App.

  • Ensuring that all persons who access the App through your device are aware of these Terms of Use and comply with them.

  • Keeping your device secure and maintaining the confidentiality of your account information.

4. Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by EmergenSync, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows:

  • Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your device for display enhancement purposes.

5. Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:

  • In any way that violates any applicable federal, state, local, or international law or regulation.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate EmergenSync, an EmergenSync employee, another user, or any other person or entity.

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm EmergenSync or users of the App, or expose them to liability.

6. User Contributions

The App may allow you to input information and store data related to your emergency preparations ("User Contributions"). All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you make to the App will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our service providers the right to use, store, and process your User Contribution for the purpose of providing the App services to you.

7. Content Standards

These content standards apply to any and all User Contributions. User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.

  • Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.

  • Be likely to deceive any person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

8. Reliance on Information

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The App is intended to help you organize and track emergency preparations but is not a substitute for professional emergency management advice or services.

9. Emergency Preparedness Disclaimer

EmergenSync is designed to help you organize and track your emergency supplies and preparations. However:

  • The App is not a substitute for professional emergency management advice or services.

  • We do not guarantee that following recommendations within the App will ensure your safety during emergencies.

  • The App's recommendations are general in nature and may not be suitable for all situations or locations.

  • You are responsible for assessing your own emergency needs and risks based on your specific circumstances.

10. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EMERGENSYNC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless EmergenSync, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App.

12. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco.

13. Waiver and Severability

No waiver by EmergenSync of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EmergenSync to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

14. Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and EmergenSync regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

15. Subscription Services and In-App Purchases

If the App offers subscription services or in-app purchases:

  • Subscriptions and purchases will be charged to your payment method at confirmation of purchase.

  • Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.

  • Your account will be charged for renewal within 24 hours prior to the end of the current period.

  • You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.

16. Third-Party Services

The App may contain links to or integrations with third-party websites, services, or resources. We are not responsible for the content, privacy policies, or practices of any third-party websites, services, or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, services, or resources.

17. Termination

We may terminate or suspend your access to all or part of the App, without notice, for any conduct that we, in our sole discretion, believe violates these Terms of Use or is harmful to other users of the App, our business, or third parties, or for any other reason.

18. Contact Information

This App is operated by EmergenSync, Inc. All feedback, comments, requests for technical support, and other communications relating to the App should be directed to: support@emergensync.com

These Terms of Use were last updated on May 13, 2025.

Terms & Conditions - the basics

Having said that, Terms and Conditions (“T&C”) are a set of legally binding terms defined by you, as the owner of this website. The T&C set forth the legal boundaries governing the activities of the website visitors, or your customers, while they visit or engage with this website. The T&C are meant to establish the legal relationship between the site visitors and you as the website owner. 

 

T&C should be defined according to the specific needs and nature of each website. For example, a website offering products to customers in e-commerce transactions requires T&C that are different from the T&C of a website only providing information (like a blog, a landing page, and so on).     

 

T&C provide you as the website owner the ability to protect yourself from potential legal exposure, but this may differ from jurisdiction to jurisdiction, so make sure to receive local legal advice if you are trying to protect yourself from legal exposure.

What to include in the T&C document

Generally speaking, T&C often address these types of issues: Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner’s right to suspend or cancel a member’s account; and much, much more. 

 

To learn more about this, check out our article “Creating a Terms and Conditions Policy”.

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