Terms of Service
Cell Resrict®/LifeSaver®
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.
These Cell Restrict and Life Saver Terms of Service (“Terms”) are a legal agreement between you (“you”) and Cell Restrict /Life Apps LLC (“Cell Restrct /Life Apps”, “we,” “our,” or “us”) and apply to your access to and use of our Cell Restrict-Life Saver mobile application (“App”) and the online portal that parents and other monitors may use to monitor other users of the App (the “Portal” and together with the App, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Life Apps for products, services or otherwise.
Cell Restrict /Life Apps reserves the right to change or modify these Terms at any time and in our sole discretion. If Life Apps makes changes to these Terms, we will provide notice of such changes, such as by sending you a notification, by providing notice through the Services, and/or by updating the “Last Updated” date at the top of these Terms and posting the revised Terms to our Services. Your continued use of the Services following our provision of such notice will confirm your acceptance of the revised Terms. Any changes to the Terms will apply on a going forward basis, and will not apply retroactively. If you do not agree to any amended Terms, you must stop using the Services.
If you have any questions or concerns regarding these Terms or our Services, please contact us atsupport@cellrestrict.com.
Eligibility
You represent and warrant that you (a) are at least 15 years of age, and (b) have not been previously suspended or removed from using the Services. If you are between the ages of 15 and 18, you represent and warrant that your parent or legal guardian agrees to be bound by these Terms and to be responsible for your use of the Services.
Registration and Account
In order to use certain features of the Services, you may be required to register for an account with Cell Restrict. If you create an account via our Services, you agree to: (i) provide accurate, current and complete information; (ii) maintain and promptly update your account information to keep it accurate, current and complete; (iii) maintain the security of your account; and (iv) promptly notify Cell Restrict if you discover or otherwise suspect any security breaches related to your account.
Access to Device; Privacy Policy
When you install our App on your device or on the device of any users you are monitoring via our Services (“Monitored Users”), you authorize us to access your mobile device and the mobile device of such Monitored Users via the Services and collect information about you, such Monitored Users and your and their devices. Please refer to our Privacy Policy for information about how we collect, use and share information about users of our Services.
Monitoring Activities
Our Services allow you to monitor distracted driving activities via our Portal and/or through notifications we may send about App unlocking activities of Monitored Users. You may use our Services to monitor your own activities or the activities of a Monitored User, provided that you have obtained prior authorization from such Monitored User. If you install and configure the App on a Monitored User’s device, you (a) represent and warrant that you have the authority to install the App on such device; and (b) are solely responsible for (i) any access or use of the App by such Monitored User, (ii) ensuring that such Monitored User reads and understands these Terms and our Privacy Policy, including the information we may share about such Monitored User with you, and (iii) ensuring that any Monitored User complies with these Terms. You must only use any information we provide you regarding any Monitored User for purposes of promoting and encouraging such Monitored User’s safe driving activities. You will not disclose any information we provide to you about any Monitored User with any other party other than your immediate family members.
Notifications
Our Services may allow you to receive notifications regarding Monitored User activities in connection with our App, including whether a Monitored User unlocks the App while in a moving vehicle. You acknowledge and understand that we may not be able to provide such notifications at all times. For instance, we will not notify you if a Monitored User has uninstalled our App from his or her device or if the Monitored User quits the App completely by forcing it to shut down. Additionally, if you have not purchased long-term access to our Services, you may no longer receive notifications once the trial period access to our Services has expired.
Auto-Replies
If users have the App running on a device and are in a moving vehicle, our Services may allow those users to send an auto-reply notification via SMS to alert any person that sends them an SMS message that their phone is locked by the App (“Auto-Replies”). Auto-Replies will be sent by Life Apps on behalf of, and at the direction of, such users. If you run the App on your device, you represent and warrant that Life Apps has the authority to send Auto-Replies on your behalf. If you installed and configured the App on the device of a Monitored User, you represent and warrant that Life Apps has the authority to send Auto-Replies on behalf of such Monitored User. If you wish to adjust the message contained in any Auto-Reply, you may go to the settings feature in the App.
Terms of Sale
Free Trial Period
When you first install our App on your or any Monitored User’s device, we may include free access to our Services for a limited trial period. We will provide notice of the length of any free trial period in the App description available in the applicable third-party app store. IF, PRIOR TO THE END OF ANY TRIAL PERIOD, YOU DO NOT PURCHASE ACCESS TO OUR SERVICES AT THE THEN-APPLICABLE PRICE, AS DISPLAYED VIA THE APP AT THE TIME OF PURCHASE, WE MAY DISABLE THE MAIN FUNCTIONALITY AND FEATURES OF OUR SERVICES.
Payment Options
Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to our Services beyond any trial period. By submitting your order to purchase access to our Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.
Cancellation and Refunds
Other than as described in these Terms or as otherwise required by law, there are no refunds or cancellations. We reserve the right to issue refunds in our sole discretion. If we issue a refund, we are under no obligation to issue the same or similar refund in the future.
Errors in Charges
If you notify us in writing within 120 days after an error first appears on your bill or online statement, we will correct any errors in charges. If you do not report the error to us within such 120 day period, we will not be required to correct the error and you agree to pay the amount charged or debited. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your bill or online statement.
Copyright and Limited License
Unless otherwise stated, the Services, and all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Life Apps Materials”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Life Apps Materials may violate such laws and these Terms.
License Grant
The Cell Restrict / Life Apps Materials are licensed, not sold. Subject to your compliance with these Terms, Cell Restrict /Life Apps grants you a non-exclusive, non-transferable, personal license to: (i) install, access and use the App and any Cell Restrict/Life Apps Materials made available therein on any mobile device that you own or control, including any Monitored User’s device, solely to monitor such Monitored User’s distracted driving activities and promote safe driving; and (ii) access and use the Portal and any Cell Restrict /Life Apps Materials made available therein solely to monitor a Monitored User’s distracted driving activities and promote safe driving. This license does not allow you to distribute or make any Cell Restrict / Life Apps Materials available over a network to be used by multiple devices at the same time. These Terms also govern any updates or replacements to the Services, unless separate terms accompany such updates or replacements, in which case the separate terms will apply.
License Limitations
Section 8(a) above states the entirety of your license rights to the Cell Restrict /Life Apps Materials. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) rent, lease, lend, sell, redistribute, sublicense or otherwise transfer any Cell Restrict /Life Apps Materials; (b) use any Cell Restrict /Life Apps Materials for any purpose other than your own personal, noncommercial use, unless authorized in writing by Cell Restrict /Life Apps; (c) copy, reverse engineer, decompile, disassemble or attempt to discover the source code for any Cell Restrict /Life Apps Materials; (d) modify, alter or create any derivative works of any Life Apps Materials; (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in any Life Apps Materials; (f) work around any technical limitations in the Life Apps Materials; or (g) use any Life Apps Materials for any purposes for which they are not designed. If you violate any of the foregoing restrictions, your use of any Life Apps Materials will be unlicensed and will infringe the copyright and other rights of Life Apps, which may subject you to prosecution and damages.
Ownership
The Life Apps Materials are the valuable property of Life Apps and our licensors and are protected by copyright and other intellectual property laws. Life Apps, and our licensors, own all right, title and interest in and to the Life Apps Materials, including all copyright and other intellectual property rights in the same. Except as expressly provided in these Terms, Life Apps does not grant any express or implied rights to install, access or use any Life Apps Materials.
Trademarks
“Life Saver,” the Life Apps logo and any other Life Apps product or service names, logos or slogans are Life Apps’s trademarks in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Life Apps. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners and may not be used without permission of the applicable trademark holder. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Life Apps.
Third-Party Materials
Life Apps may provide links to third-party websites, apps, mobile services or other third-party services and may also display, link to or otherwise make available other third-party content, data, information, events, apps or materials (collectively, “Third-Party Materials”) on the Services. Life Apps does not endorse or control, and makes no representations or warranties of any kind, regarding any Third-Party Materials including, but not limited to, the content, accuracy, quality, appropriateness, reliability, timeliness, safety, legality or any other aspect thereof.
Compliance
You and any Monitored User will not use the Services in any way that would:
(a) constitute, encourage or provide instructions for a criminal offense;
(b) violate the rights of any party, including, without limitation any rights of publicity or privacy;
(c) violate any applicable third-party terms or agreements; or
(d) violate any applicable local, state, national or international law or regulation.
Acceptable Use
You will be solely responsible for your conduct and any Monitored User’s conduct with respect to the Services, and you and any Monitored User will not do any of the following in connection with the Services:
1. Unlock or otherwise interact with the App while you are operating a moving vehicle;
2. Use the Services in any manner that could damage, disable, overburden or impair the functionality of the Services in any manner, or in any way inconsistent with any documentation provided to you concerning the Services;
3. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
4. Develop any third-party applications that interact with the Services without our, prior consent(s); and
5. Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third parties.
User Content
You are solely responsible for all content you and any Monitored User posts, uploads to, transmits, distributes, stores, creates or otherwise publishes through the Services (“User Content”). You and your Monitored Users must not post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
1. User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, vulgar, harassing, offensive, discriminatory, fraudulent, deceptive or otherwise objectionable;
2. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
3. Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Services; or
4. User Content that, in the sole judgment of Life Apps, is objectionable.
Although Life Apps does not control and has no obligation to screen, edit or monitor any User Content, Life Apps reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post, store or upload on (or otherwise make available via) the Services at your sole cost and expense.
You hereby grant Life Apps a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, perform and display any User Content via the Services and in any other medium. You represent and warrant that: (i) you grant the rights granted in these Terms; (ii) the User Content that you post via the Services is accurate and not misleading; and (iii) our use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.
Feedback
You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Life Apps and the Services (collectively, “Feedback”). Feedback, whether submitted through the Services or otherwise, is non-confidential and shall become the sole property of Life Apps. Life Apps shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, Life Apps has adopted a policy of terminating, in appropriate circumstances and in Life Apps’s sole discretion, users who are deemed to be repeat infringers. Life Apps may also, in our sole discretion, limit access to our Services and/or terminate the accounts of any users who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on our Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: Life Apps Copyright Agent
Address: 899 Highlands Circle, Los Altos, CA 94024
Telephone Number: 415-237-3636
Fax Number: 309-294-5298
E-Mail Address: info@lifesaver-app.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Termination or Modification of Services
Life Apps reserves the right to change, suspend, remove, discontinue or disable access to any of the Life Apps Materials at any time and without notice. In no event will Life Apps be liable for the removal of or disabling of access to any portion or feature of the Life Apps Materials.
Disclaimers
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AND ANY LIFE APPS MATERIALS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND LIFE APPS MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIFE APPS DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SERVICES AND LIFE APPS MATERIALS, INCLUDING ANY AND ALL: (I) IMPLIED WARRANTIES OF MERCHANTABILITY; (II) IMPLIED WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT LIFE APPS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. LIFE APPS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY LIFE APPS OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
Some jurisdictions do not allow the disclaimer of certain implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
Indemnification
You agree, at your sole expense, to defend, indemnify and hold us and our directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way related to: (i) your or any Monitored User’s use of the Services; or (ii) your or any Monitored User’s violation of these Terms or the rights of any third party.
Limitation of Liability
A) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFE APPS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND ANY LIFE APPS MATERIALS, AND/OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF LIFE APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
b) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL LIFE APPS’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES AND ANY LIFE APPS MATERIALS EXCEED THE GREATER OF THE FEES PAID BY YOU TO LIFE APPS FOR THE SERVICES OR $100 (USD).
Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH LIFE APPS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and Life Apps agree to arbitrate any dispute arising from these Terms or your or any Monitored User’s use of the Services, except that you and Life Apps are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Life Apps agree (a) that any arbitration will occur in San Francisco, California; and (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND LIFE APPS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
General Terms
A)Waiver: Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
Governing Law Venue: These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles. You agree that any action at law or in equity arising out of or relating to the Services or the Terms will be filed only in the state and federal courts located in Santa Clara County, California.
Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Additional Terms Applicable to iOS Devices
The following terms apply if you or any Monitored user is installing, accessing or using the App on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”).
A)Acknowledgement You and Life Apps acknowledge that these Terms are concluded solely between us, and not with Apple, and Life Apps, not Apple, is solely responsible for the Services and the content thereof. You further acknowledge that the usage rules for the Services are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the Services, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
B)Scope of License: The license granted to you is limited to a non-transferable license to use the Services on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
C)Maintenance and Support: You and Life Apps acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
D)Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Life Apps. However, you understand and agree that in accordance with these Terms, Life Apps has disclaimed all warranties of any kind with respect to the Services, and therefore, there are no warranties applicable to the App.
E)Product Claims: You and Life Apps acknowledge that as between Apple and Life Apps, Life Apps, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
F)Intellectual Property Rights:The parties acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, Life Apps, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
G)Legal Compliance: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.
H)Developer Name and Address: Any questions, complaints or claims with respect to the App should be directed to:
Life Apps LLC
899 Highlands Circle, Los Altos, CA 94024
info@lifesaver-app.com
I)Third-Party Terms of Agreement: You agree to comply with any applicable third-party terms when using the Services.
J)Third-Party Beneficiary: The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).