Terms of Service - Keep'ping

1. Acceptance of Terms

By downloading, accessing, or using the Keep'ping mobile application ("the App" or "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of the terms and conditions contained herein, do not use the Service.

2. CRITICAL DISCLAIMER: NOT AN EMERGENCY SERVICE

Keep'ping is a private, automated check-in tool. It is strictly for personal use and peace of mind. IT IS NOT A REPLACEMENT FOR EMERGENCY SERVICES (E.G., 911, 112, 999), MEDICAL ALERT SYSTEMS, OR GOVERNMENT-MANDATED LIFE SAFETY SYSTEMS.

The Service relies entirely on factors completely outside of our control, including but not limited to: your device's battery life, active internet connectivity, third-party push notification delivery systems (Apple APNs, Google FCM), cloud server uptime, and the network availability of your Safety Circle members.

WE DO NOT, AND CANNOT, GUARANTEE THAT ALERTS WILL BE DELIVERED TIMELY, ACCURATELY, OR AT ALL. YOU EXPLICITLY AGREE NEVER TO RELY ON THIS SERVICE AS A SOLE SAFETY MECHANISM IN POTENTIALLY LIFE-THREATENING SITUATIONS.

3. Eligibility

You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant that you are at least 13 years old. If you are between 13 and 18 years of age, you must have your parent or legal guardian's permission to use the Service.

4. User Responsibilities & Acceptable Use

When using Keep'ping, you agree to the following responsibilities:

Consent of Contacts: You must obtain explicit permission from any individual before adding their contact information to your "Safety Circle" and causing the App to send them SMS, email, or push notification alerts.
Device Maintenance: You acknowledge that for the App to function, your device must remain powered on, connected to the internet, and have background processing permissions enabled for the App.
Prohibited Conduct: You agree not to: (a) reverse engineer, decompile, or disassemble the App; (b) use the App to harass, spam, or annoy third parties with false alerts; (c) attempt to bypass or overload our servers; (d) use the Service for any illegal or unauthorized purpose.

5. Subscriptions, Billing, and Premium Features

Keep'ping offers an optional Premium subscription providing enhanced features.

Processing: All payments are processed and handled directly by the Apple App Store or Google Play Store. Keep'ping does not process or store your credit card information.
Auto-Renewal: 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.
Cancellations and Refunds: You must manage your subscription and cancellations through your Apple ID or Google Play account settings. We cannot grant refunds directly; all refund requests are subject to the policies of Apple or Google.

6. App Store & Google Play Specific Terms

If you downloaded the App from the Apple App Store, you acknowledge that these Terms are between you and Keep'ping, not Apple. Apple has no obligation to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if applicable). Apple is not responsible for addressing any claims relating to the App.

7. Termination of Access

We reserve the right, in our sole discretion, to terminate or suspend your access to the Service, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Because our service utilizes anonymous device profiles, termination may take the form of blacklisting your device identifier from our servers.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEEP'PING, ITS CREATORS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, THAT RESULTS FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.

10. Indemnification

You agree to defend, indemnify and hold harmless Keep'ping and its developers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; or (c) your violation of any third-party right, including any privacy or consent rights of individuals you add to your Safety Circle.

11. Dispute Resolution and Class Action Waiver

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration rather than in court. YOU AND KEEP'PING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@areyoualive.org