Terms and Conditions
Please carefully examine these Terms and Conditions (“Terms,” “Terms and Conditions”) prior to using the HelpAlert mobile application (the “Service”) offered by HelpAlert, LLC (“we,” “us,” or “our”). It is important to note that HelpAlert is a trading alias for Safety Electrical Services, the official parent company registered as an LLC in the United States. References to HelpAlert in this document should be understood as referring to the registered LLC name of Safety Electrical Services.
Your access to and use of the Service is contingent upon your acceptance of and adherence to these Terms. These Terms are applicable to all individuals, users, and parties who intend to access or use the Service.
By accessing or using the Service, you signify your consent to abide by these Terms. If you disagree with any aspect of these terms, you are not authorized to access or use the Service.
Communications
Upon creating an account on our platform, you agree to receive newsletters, marketing or promotional materials, and other informational content that we may send. Nevertheless, you retain the option to opt out of receiving some or all of these communications from us by following the provided unsubscribe link or instructions in any email correspondence.
Subscriptions
Certain sections of the Service are subscription-based (“Subscriptions”). Subscription charges are billed in advance on a recurring and periodic basis (“Billing Cycle”). The Billing Cycle may be set on either a monthly or annual basis, depending on the chosen subscription plan during the purchase of a Subscription.
Upon the conclusion of each Billing Cycle, your Subscription will automatically renew under the same terms unless either you cancel it or HelpAlert, LLC discontinues it. You can terminate your Subscription renewal either through your online account management page or by reaching out to HelpAlert, LLC’s customer support team.
A valid payment method, such as a credit card or PayPal, is necessary to process Subscription payments. You are responsible for furnishing accurate and complete billing details, including your full name, address, state, postal code, phone number, and valid payment method information. By submitting such payment information, you automatically authorize HelpAlert, LLC to charge all Subscription fees accrued through your account to the provided payment instruments.
In the event that automatic billing fails due to any reason, HelpAlert, LLC will issue an electronic invoice, mandating you to manually complete the full payment within a specified deadline, as indicated on the invoice.
Fee Modifications
HelpAlert, LLC reserves the right to, at its sole discretion and at any time, amend the Subscription fees for the Subscriptions. Any changes to Subscription fees will take effect at the conclusion of the ongoing Billing Cycle. We will provide you with reasonable advance notice of any changes to Subscription fees, offering you an opportunity to terminate your Subscription before the revised fees take effect.
Continued use of the Service after the alterations to Subscription fees are enacted implies your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by HelpAlert, LLC on a case-by-case basis and will be granted at the sole discretion of HelpAlert, LLC.
Content
Our Service enables you to post, link, store, share, and otherwise make available various forms of information, text, graphics, videos, or other materials (“Content”). You are solely responsible for the Content you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content belongs to you (you possess ownership rights) and/or you have the authority to use it and grant us the rights and licenses as outlined in these Terms; and (ii) the posting of your Content on or through the Service does not infringe upon the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual or entity. We retain the right to terminate the account of any user found infringing on copyright.
You maintain all your rights to any Content you submit, post, or display on or through the Service, and you are responsible for safeguarding those rights. We bear no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You acknowledge that this license includes the right for us to make your Content accessible to other Service users, who may also utilize your Content subject to these Terms.
HelpAlert, LLC retains the right, though not the obligation, to supervise and edit all Content contributed by users.
Furthermore, Content available on or through this Service remains the property of HelpAlert, LLC or is used with appropriate permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or utilize said Content, either in full or in part, for commercial purposes or personal gain, without the explicit, prior written consent from us.
Accounts
When establishing an account with us, you guarantee that you are at least 18 years old and that the information you provide is accurate, comprehensive, and up-to-date at all times. Any inaccurate, incomplete, or outdated information may result in immediate termination of your Service account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to limiting access to your computer and/or account. You agree to take responsibility for all activities or actions occurring under your account and/or password, regardless of whether your password is used with our Service or a third-party service. In the event of any security breach or unauthorized use of your account, you must promptly notify us.
You may not use a username that is the name of another person or entity unless you have the lawful right to do so, nor can you use a name or trademark that is subject to rights belonging to another person or entity other than yourself, without proper authorization. Additionally, usernames that are offensive, vulgar, or obscene are not allowed.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to address any claim that Content posted on the Service infringes upon copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are the copyright holder or are authorized to act on their behalf and believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement.” In your claim, provide a detailed description of the alleged Infringement, as detailed below under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held liable for damages, including costs and attorneys’ fees, for misrepresentation or bad-faith claims regarding the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You can submit a notification according to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the copyright owner’s interest.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or specific location on the Service where the material you claim is infringing is located.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at [email protected].
Intellectual Property
The Service, along with its original content (excluding Content contributed by users), features, and functionality, is and will remain the exclusive property of HelpAlert, LLC and its licensors. The Service is safeguarded by copyright, trademark, and other laws of both the United States and foreign nations. Our trademarks and trade dress may not be utilized in connection with any product or service without prior written consent from HelpAlert, LLC.
Links To Other Web Sites
Our Service may include links to third-party websites or services that are neither owned nor controlled by HelpAlert, LLC.
HelpAlert, LLC has no authority over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not guarantee the offerings of any of these entities/individuals or their websites.
By using our Service, you acknowledge and consent that HelpAlert, LLC is not responsible or liable, directly or indirectly, for any damage or loss resulting from or allegedly caused by or connected with the utilization of or reliance on any such content, goods, or services provided by any third-party websites or services.
We strongly recommend that you carefully review the terms and conditions and privacy policies of any third-party websites or services that you access.
Termination
We retain the right to terminate or suspend your account and bar access to the Service instantly, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to any violation of the Terms.
Should you wish to terminate your account, you may simply discontinue using the Service.
All clauses of the Terms that, by their nature, should continue in effect shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree to defend, indemnify, and hold harmless HelpAlert, LLC and its licensees and licensors, as well as their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including, but not limited to, attorney’s fees) that result from or arise out of (a) your use and access to the Service, either by you or any individual using your account and password; (b) a violation of these Terms; or (c) Content posted on the Service.
Limitation Of Liability
Under no circumstances shall HelpAlert, LLC, or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is solely at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is delivered without any warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
HelpAlert, LLC, its subsidiaries, affiliates, and licensors do not warrant that (a) the Service will function without interruption, be secure, or available at any specific time or location; (b) any errors or defects will be rectified; (c) the Service is free from viruses or other harmful elements; (d) the results derived from using the Service will satisfy your requirements; or (e) the Service shall be responsible for failures arising from network issues, technological challenges, or any other related problems.
When you subscribe to using The HelpAlert App you automatically agree that this App is not designed to provide, and should not be relied upon as, a guarantee of 100% foolproof protection under any circumstances. While our app is designed to enhance safety and security for your loved ones, it cannot eliminate all risks and is not a substitute for common sense, personal responsibility, and sound judgment. Users should remain vigilant and take appropriate precautions for the safety and well-being of their loved ones at all times.
Exclusions
Certain jurisdictions do not permit the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. Therefore, the limitations mentioned above may not apply to you.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements that may have existed between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is substantial, we will provide at least 30 days’ notice prior to the new terms taking effect. The determination of what constitutes a significant change will be made at our sole discretion.
By continuing to access or use our Service after any revisions come into effect, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
Should you have any questions regarding these Terms, please reach out to us at help@helpalertapp.