Lifesaver was built to help others by connecting the people who find items to the people who lost them. To accomplish this we set forth the following terms and conditions. By accessing or using the applications and services owned or operated by Lifesaver Technologies, LLC, whether through our software app(s) or website (our "Services"), you are accepting and agreeing to be bound by the terms and conditions set forth below (these "Terms").
We may modify the Terms at any time, in our sole discretion. If you continue to use the Services after we've notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms then you may no longer use the Services. Because our Services continue to evolve, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.
As you review the policy, keep in mind that it applies to Lifesaver Technologies, LLC’s (“Lifesaver”, “We”, “Us”) website, mobile app, and all other associated services that we provide (“Services”).
Subject to your compliance with these Terms, Lifesaver grants you a limited non-exclusive, non-transferable license to download and install a copy of our software app (the "App") on a single mobile device that you own or control and to run such copy of the App and use our Services solely for your own personal non-commercial purposes. We reserve all rights in and to the App and Services not expressly granted to you under these Terms. You may not: (i) copy, modify or create derivative works based on the App or Services; (ii) distribute, transfer, sublicense, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App or Services available to multiple users through any means.
2. DOWNLOADING OUR APP
When you download our App from the Apple App Store, Google Play Store or other app store or app distribution platform (an "App Store"), you acknowledge and agree that:
- These Terms are concluded between us, and not with the App Store, and that we (not the App Store), are solely responsible for our App.
- The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims.
- The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement.
- The App Store is a third party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store's terms of service when using our App.
3. CREATING AN ACCOUNT
In order to use certain features of our Services, you must have an account with us. By creating an account, you represent that (a) all required information you provide is truthful and accurate; (b) you are of legal age to agree to these Terms; and (c) your use of our Services does not violate any applicable law or regulation or these Terms. You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may not (a) use the account or phone number of any other user; (b) allow someone else to use your account or phone number; or (c) sell, lend, transfer, or otherwise share your account, temporarily or permanently, with someone else. If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).
5. ALERTS AND NOTIFICATIONS
As part of the Services we provide, you will receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements, administrative messages, and alerts for items lost near the billing or shipping address on file). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier.
6. CONTENT YOU PROVIDE
You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services (your "Content"), and its legality, reliability, and appropriateness. You should only upload or post Content that you create or have the right to use and publish. By uploading or posting your Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services. You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms.
We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
8. GENERAL PROHIBITIONS
You agree not to do any of the following:
- Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;
- Access, tamper with, or use non-public areas of the Services, Lifesaver's computer systems, or the technical delivery systems of Lifesaver's providers;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lifesaver or other generally available third party web browsers;
- Submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Violate any applicable law or regulation, including by stalking, harassing, extortion, blackmail, coercion, ransom, or tracking others for unlawful or criminal purposes.
- Encourage or enable any other individual to do any of the foregoing.
9. COPYRIGHT POLICY
It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- An identification of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Services;
- Your address, telephone number, and e-mail address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be emailed to our Copyright Agent at .moc.seigolonhcetrevasefil%40olleh
10. THIRD PARTY LINKS
Our Services may contain links to content or services provided by third parties ("Third Party Links"). These Third Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.
You acknowledge that all intellectual property rights in our Products, App and Services, including the underlying software and technology and the information and content available on our Services, are owned by us and our suppliers (including other users), and are protected by law throughout the world. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, App or Services ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access any of the foregoing or your account.
13. DISCLAIMER OF WARRANTY FOR APP AND SERVICES
We will use reasonable efforts to correct any discovered defects in the App or Services. However, your access to and use of our App and Services is at your own risk. We are not responsible for the content provided by, or the conduct of, any user and you bear the entire risk of using the App and Services and any interactions with other users. Our App and Services are provided on an "AS IS" and "AS AVAILABLE" basis and we do not represent, warrant, or guarantee that the App and Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE APP AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMPORTANT: WITHOUT LIMITING THE FOREGOING, THE APP AND THE SERVICES ARE DESIGNED SOLELY TO HELP YOU REPOSSESS YOUR LOST PERSONAL ITEMS (SUCH AS GOPROS, WALLETS, EXTERNAL HARD DRIVES, HEADPHONES, ETC.). THEY ARE NOT DESIGNED TO NOR DO THEY PROVIDE ANY REAL-TIME TRACKING CAPABILITIES. WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APP AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration allowed by law.
14. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, APP OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, APP OR SERVICE, IS LIMITED TO (A) THE AMOUNT YOU HAVE PAID TO LIFESAVER FOR THE PRODUCT GIVING RISE TO THE CLAIM, (B) THE AMOUNT YOU HAVE PAID TO LIFESAVER FOR YOUR PREMIUM MEMBERSHIP GIVING RISE TO THE CLAIM IN THE 3 MONTHS BEFORE THE CLAIM AROSE, OR (C) TEN DOLLARS ($10) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LIFESAVER, AS APPLICABLE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions or limitations may not apply to you.
16. GENERAL PROVISIONS
These Terms constitute the entire agreement between us with respect to the subject matter and supersede any prior understandings and agreements. These Terms will be governed by and construed in accordance with the laws of the State of Colorado, without regard to or application of conflicts of law rules or principles. The exclusive jurisdiction for all disputes, claims or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content will be the state and federal courts located in Colorado and you and Lifesaver each waive any objection to jurisdiction and venue in such courts. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
17. THIRD PARTY TRADEMARKS
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Lifesaver Technologies, LLC is under license. All other trademarks and trade names are properties of their respective owners.
18. BILLING TERMS
This Agreement sets forth the terms of purchase from Lifesaver Technologies, LLC.
By placing your Order with Lifesaver Technologies, LLC (the “Company”), by clicking “accept,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the Company website or the applicable purchase page and discontinue use of the Services immediately.
In these terms and conditions, “We/us/our” means Lifesaver Technologies, LLC “You/your” means you as a user of the Website and/or Customer of the Company.
The Services. The Company offers a physical product (Lifesaver QR stickers) and a digital product (Lifesaver App). Physical products are mailed to the billing/shipping address provided and consist of printed instructions and the quantity and assortment of Lifesaver QR stickers ordered. The digital product stores all of your registered items in a single convenient location and allows for 2-way communication between two people via in-app messaging. Payment. Payment is required in order to receive stickers and service and is billed as either a monthly or annual recurring fee, as indicated on the order/purchase page. Introductory prices are often discounted (example = first year only) and all additional months or years are billed at the full retail price. Subscriptions will automatically renew after the end of the period. Please check the details of your order/purchase page for the information specific to your selection. You agree to pay the amount agreed and not to cancel this transaction with your bank or credit card company. The Company is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. The Company does not guarantee any specific results from use of the Services. The Company does not make any representations or warranties as to specific outcomes or results.
Refund Policy. Refunds may be issued within 15 days of the purchase date if the stickers are returned to us in new/brand new condition. If you are requesting a refund, please contact us by emailing moc.seigolonhcetrevasefil%40olleh with the words “REFUND” in the subject line. We charge a $5.00 restocking fee for all returned stickers.
WE RESERVE THE RIGHT TO GRANT OR DENY ANY REFUND REQUEST AT OUR SOLE DISCRETION.
Damaged Items. In the event of a damaged product, please email us at moc.seigolonhcetrevasefil%40olleh and include the following information so we can replace your stickers:
• Your name• Your phone number• Your email address• Image of damaged item
Communications. The community associated with the Services is intended to be a supportive, respectful and positive community for all involved. Communicating disrespectfully to any other members of the group constitutes grounds for removal from the community and any associated online forum, which decision shall be in the sole discretion of the Company.
Term. This Agreement will be effective consistent with the term indicated on your order/purchase page. Failure to pay for the Services consistent with the purchase requirements will result in termination of the Services prior to the end of the applicable term, and your access to ongoing products or services will be discontinued.
Relationship. Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
Modification. The Company may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the Company’s website. You should review this Agreement regularly during the use of the Services to keep apprised of any changes.
Assignment. No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.
Force Majeure. If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to the Company; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Indemnity. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes the Company to be liable to a third party.
Voidability. This Agreement cannot be voided by not logging in to the Lifesaver App, by not accessing or using the Services as delivered, or in any other way attempting to avoid viewing or taking delivery of the Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
Entire Agreement. This Agreement represents the entire understanding and agreement of the parties relating to the Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Services, are of no further force and effect. In order to participate in certain portions of the Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time.