Last update: 27 July 2021
By accessing or using Deadmanswitch, you agree to be legally bound by Terms. Please read this document carefully. If you do not agree with one or more provisions of these Terms, you should not use Deadmanswitch.
1.1 These Deadmanswitch Terms and Conditions (the “Terms”) constitute a legally binding agreement between an individual user (the “user”) accessing the website deadmanswitch.com, the software application ‘Deadmanswitch,’ and the related services (collectively, “Deadmanswitch”) and the owner and operator of Deadmanswitch, namely, Deadmanswitch.com, Inc. located at 150 King Street West Suite 200, Toronto ON M5H 1J9, Canada (“we”, “us”, and “our”). These Terms outline the terms and conditions of user’s access and use of Deadmanswitch.
1.2 About Deadmanswitch. Deadmanswitch allows determining whether the user is alive by using the hardware capabilities of the user’s mobile device, namely, asking to confirm that the User is alive through: (i) an automated email sent to the user’s verified email address; (ii) an automated SMS to the user’s verified phone number; (iii) calling the user to the user’s verified phone number; (iv) conducting research regarding user being reported missing or dead, and (v) conducting a search in the relevant databases.
1.3 License to use Deadmanswitch. We grant the user a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use Deadmanswitch pursuant to these Terms.
1.4 Disclaimer. Although we regularly monitor the information available on Deadmanswitch, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties.
1.5 Third-party links. Deadmanswitch may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. The user is solely responsible for exercising due diligence before clicking on any of such third-party links or advertisements.
1.6 Minors. Deadmanswitch is not marketed and intended for use by persons under the age of 18.
1.7 Privacy and other relevant terms. The documents that include important provisions regarding the use of Deadmanswitch and should be read and interpreted together with these Terms are our Privacy Policy which describes in detail how we handle your personal data collected through Deadmanswitch, the Marketplace (as defined hereunder) legal terms, and other individual terms and conditions made available by us on Deadmanswitch.
2.1 Registration of the Account. In order to use Deadmanswitch, the user must register a user account (the “Account”). Before creating the Account, the user will be requested to read and accept these Terms, review our Privacy Policy, and verify the Account. The Account is not transferable and the user is solely responsible for any activities occurring through the Account. We reserve the right, at our sole discretion, to refuse registration of any Account for any reason whatsoever.
2.2 User's warranties. By registering the Account, the user acknowledges, agrees, and warrants that:
The user will comply with these Terms and all applicable local, national and foreign laws, treaties, and regulations in connection with the use of Deadmanswitch;
The user will provide true, accurate, and up-to-date information, including personal data; and
The user is a human individual.
2.3 Security of the Account. The user is solely responsible for maintaining the confidentiality of the Account. The user agrees to immediately notify us about allegedly unauthorised use of the Account or any other security breach related to the Account. The user is also responsible for using secure Internet connection and protected networks while using Deadmanswitch. We cannot and will not be liable for any loss or damage resulting from the user’s failure to comply with these security obligations.
2.4 Deletion of the Account. At any time, the user may delete the Account through the dashboard of the Account or by contacting us. Upon deletion of the Account, these Terms shall terminate.
2.5 Suspension and termination of the Account. We reserve the right to suspend or terminate any Account if, at our sole discretion, we have grounds to believe that the user has seriously and repeatedly breached these Terms. We may also suspend or terminate any Account upon a lawful request of a public authority.
2.6 Commercial communication. If we have a user’s email address, we may, from time to time, send the user information about Deadmanswitch and our other software, products or services. The user will receive our newsletters in the following instances:
2.7 Opting-out. The user can opt-out from receiving our commercial communication at any time free of charge by clicking on the “unsubscribe” link included in our emails or by contacting us directly.
2.8 Service-related notices. If necessary, we will send the user important informational messages, such as confirmation receipts, technical emails, and administrative updates. Such messages are sent on an “if-needed” basis and they do not fall within the scope of commercial communication that may require prior consent. The user cannot opt-out from service-related notices.
3.1 The Fees. The access and use of Deadmanswitch is subject to the applicable service fees (the “Fees”). The schedule of the Fees and the terms related thereto are made available on Deadmanswitch and the related mobile application marketplaces (the “Marketplaces”). The Fees remain valid for as long as they are featured on Deadmanswitch or the Marketplaces. The Fees are subject to a change with a notice to you (if you hold an active service contract with us) or without a notice to you (if you do not hold an active service contract with us). By concluding a service contract with us (i.e., registering your Account), you agree to pay the Fees in accordance with these Terms, the terms and conditions of the Marketplace, your chosen payment plan, and other terms and conditions in force at the moment the service contract is concluded.
3.2 Subscription. The Fees may be payable on a subscription basis. By concluding a service contract, the User acknowledges and agrees that: (i) the user will pay the Fees for each billing cycle; (ii) the Fees are billed at the beginning of each billing cycle as automatic recurring payments; (iii) the subscription will be automatically renewed based on its renewal cycle, unless the user cancels the subscription prior to the expiration of then-current subscription term. If a user’s payment method cannot be charged for any reason whatsoever, the user’s access to Deadmanswitch shall automatically terminate. All information about the Fees paid by the user, invoices, billing cycles, and payment plans is available on the Marketplace.
3.3 Cancellation of subscription. The subscription must be cancelled at least 7 calendar days prior to expiration of the then-current billing period through the Account to avoid automatic renewal and charge. If the user cancels the subscription plan later, the cancellation will not be guaranteed. User’s inactivity on Deadmanswitch does not substitute user’s request for the cancellation.
3.4 Taxes. Unless indicated otherwise, the Fees include all applicable sale taxes, levies, and other duties.
3.5 Payment processing. All payments related to Deadmanswitch are processed by the Marketplaces. The user is responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. The user shall not hold us liable for payments that are not processed due to the user’s error (e.g., incorrect payment information), the failure of the Marketplaces to process the Fees, or if the payment is refused for any other reason.
3.6 Refunds and chargebacks. We do not issue refunds for any Fees paid. The individual refund policies of the respective Marketplaces apply.
4.1 Deadmanswitch is available worldwide. It is the user’s responsibility to assess whether the use of Deadmanswitch is in compliance with the user’s local laws and regulations.
4.2 The user is not permitted to use Deadmanswitch in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Intellectual property (e.g., copyright or trademark) infringement;
Any unauthorised access to geographically blocked content;
Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;
Promotion or encouragement of terrorist activities of any sort;
Exploitation of children in any way, including audio, video, photography, digital content and uploading, downloading, posting, distributing, trading, bartering, selling, transmitting or receiving of children pornography material;
Fraud;
Provision of false, inaccurate, or misleading information;
Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
Disseminating information about the acts that may result in injuries and physical harm
Posting of content that depicts or incites others to commit acts of violence;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Deadmanswitch;
Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
Using or authorising third parties to use on your behalf services, technologies, or automated systems to artificially inflate the page views (e.g., pay-per-click services and web “robots”);
Interfering with or abusing other users of Deadmanswitch;
Using bots, scripts, and other automated methods; and
Collecting and disclosing any information about other users of Deadmanswitch.
4.3 Breach of the Terms. If we believe, at our sole discretion, that the user’s use of Deadmanswitch violates these Terms and it is appropriate, necessary or desirable to do so, we may:
Send the user a formal warning;
Temporarily or permanently prohibit the Account or access to Deadmanswitch;
Report the user to public authorities; or
Commence a legal action against the user.
5.1 When you use Deadmanswitch, the user may upload content, including, without limitation, PDF files (the “User-Generated Content”). By uploading the User-Generated Content, the user must exercise due diligence and not make any sensitive information publicly available to other users of Deadmanswitch.
5.2 By uploading the User-generated Content onto Deadmanswitch, the user grants us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, adapt, remix, modify, display, perform, excerpt, and reproduce the User-Generated Content for the purposes of operating Deadmanswitch, providing the user with the requested services, and carrying out our legitimate business interests.
5.3 The user agrees not to submit the User-generated Content that violates these Terms or any applicable laws, including intellectual property rights of others, and the user agrees to pay all royalties, fees, and any other monies applicable to the User-generated Content.
5.4 The user hereby acknowledges and agrees that, in order to ensure the security of Deadmanswitch, we may, but have no obligation to, monitor the User-Generated Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the User-Generated Content, in whole or in part, that violates these Terms or may harm the reputation of Deadmanswitch. However, the user remains solely responsible for the User-generated Content.
5.5 The user is not allowed to make available personal data of persons who have not provided the user with their prior authorisation to share that personal data through the User-generated Content or if the user does not have another legal basis for doing so.
5.6 The User-Generated Content includes user’s personal views and recommendations; it does not reflect our views, recommendations, endorsement, or any commitments related thereto.
5.7 The User-Generated Content is stored in the cloud storage owned and operated by third parties. We take no responsibility if the User-Generated Content cannot be uploaded, stored, or accessed due to circumstances outside our reasonable control, including, without limitation, third parties’ unavailability, quota overruns, restart settings, expiration times, technical, or connectivity issues. The user is responsible for keeping backup copies of the User-Generated Content at all times.
6.1 Deadmanswitch Content. Most of the content available on Deadmanswitch, including all information, software, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, the “Deadmanswitch Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. The Deadmanswitch Content is protected by applicable intellectual property laws and international treaties. The user is not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the Deadmanswitch Content to third parties, or use any manual or automated means to scrape any content available on Deadmanswitch.
6.2 Deadmanswitch brand. The user may not use the brand, the word or figurative trademarks associated with Deadmanswitch or third-party trademarks without prior consent of a trademark owner. The user is not allowed to use our brands and trademarks in any way that suggests that we sponsor, endorse, or associate with the user without obtaining prior written consent from us.
6.3 Copyright infringement claims. If the user has grounds to believe that any content available on or through Deadmanswitch violates user’s or third party’s intellectual property rights, the user is entitled to contact us and express the concerns or request to remove the allegedly infringing content. We reply to the copyright infringement claims as soon as possible but no later than 2 weeks. Before sending your claim to us, the user must sign it and include information that would allow us to locate the allegedly infringing content.
We put reasonable efforts to ensure that Deadmanswitch is always accessible to you. However, the availability of Deadmanswitch may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of Deadmanswitch caused by such factors.
8.1 We provide Deadmanswitch on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Deadmanswitch or other content featured on or accessed by using Deadmanswitch, whether provider by us or by third parties, and hereby disclaim all warranties regarding Deadmanswitch and its operation.
8.2 It is the user’s sole responsibility to verify and assess the fit for the purpose of Deadmanswitch prior to using it and to decide whether or not Deadmanswitch fits for the intended use.
8.3 By using Deadmanswitch, the user acknowledges that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The user cannot select or decline the third-party suppliers. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
8.4 Nothing in these Terms shall affect any statutory rights that the user is entitled to as a consumer and that the user cannot contractually agree to alter or waive.
9.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with user’s access and use of Deadmanswitch, any content made available through Deadmanswitch, whether provided by us or by third parties, any transactions concluded through Deadmanswitch, or use of Deadmanswitch for unauthorised or unlawful purposes. The user agrees not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
9.2 This Section 9 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
The user agrees to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of user’s breach of these Terms, user’s access or use of Deadmanswitch, or user’s violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
12.1 Governing law. These Terms shall be governed and construed in accordance with the federal laws of laws of Canada and the state laws of Ontario, without regard to its conflicts of law provisions.
12.2 Jurisdiction. Any disputes arising out of or relating to these Terms shall be resolved by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in Toronto, Canada.
12.4 This Section 12 does not affect any statutory rights that the user is entitled to as a consumer.
13.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us.
13.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on Deadmanswitch. Such amendments may be necessary due to new features of Deadmanswitch, changes in the requirements of laws, regulations, or our business practices. The user is responsible for regularly reviewing these Terms. For material changes in the Terms, we will send the user a notice (if the user’s email address is available to us). User’s continued use of Deadmanswitch after any changes shall constitute user’s consent to such changes. We also reserve the right to modify the services provided through Deadmanswitch, availability of Deadmanswitch, equipment needed for access or use, materials available on Deadmanswitch, and any other features of Deadmanswitch at any time, at our sole discretion.
13.3 Transfer of rights. The user is not allowed to assign user’s rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to the user. If the user does not agree to the transfer, the user can terminate these Terms with immediate effect by ceasing to use Deadmanswitch.
13.4 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
13.5 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between the user and us regarding the user’s relationship with us.
Any questions about these Terms should be addressed to us by using the following contact details:
Email: support@deadmanswitch.com
Postal address: Deadmanswitch.com, Inc., 150 King Street West Suite 200, Toronto ON M5H 1J9, Canada
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