These Terms of Service ("Terms") are an agreement between you and SafeMom LLC, a Florida limited liability company ("SafeMom," "we," "us"). They govern your use of the SafeMom mobile application and related services (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
You must be at least 18 years old to create an account or use the Service. By using the Service you represent that you are 18 or older. Children are not users of the Service; any information about children in the Service is entered by a parent or guardian about their own children.
You agree to provide accurate information, keep your login credentials confidential, and notify us promptly of any unauthorized use of your account. You are responsible for activity that occurs under your account. One account per person; accounts are not transferable.
SafeMom helps members of a group notify and coordinate with each other. You acknowledge and agree that:
No duty undertaken. SafeMom provides communication software only. SafeMom does not undertake, and expressly disclaims, any duty to provide emergency response, monitoring, supervision, dispatch, or rescue services, to ensure that any alert is delivered or answered, or to verify the accuracy of any alert, report, or location. Nothing in the Service creates a special relationship between you and SafeMom, and your use of the Service does not increase any duty SafeMom owes you.
Certain features use your device's location, including in the background when you enable it. You control location permissions in your device settings and in the app, and you can turn background location off at any time. Turning location off limits safety features (for example, nearby members may not be notified of your alerts, and you may not receive proximity-based alerts). How location data is handled is described in the Privacy Policy.
Groups are created and managed by their owners and admins, who may admit, remove, or moderate members. SafeMom may, but is not obligated to, monitor groups or content. You agree not to:
Misuse of emergency features, including false alerts, is grounds for immediate termination and may be reported to law enforcement.
You keep ownership of the content you create in the Service (safety reports, messages, photos, event details, check-ins). You grant SafeMom a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display that content solely to operate and improve the Service, including showing it to the group members you direct it to. This license ends when your content is deleted from the Service, except where retention is required by law or for the safety purposes described in the Privacy Policy. You are responsible for your content, and you represent that you have the rights needed to share it, including any information about other people or children that you enter.
We may remove content, restrict features, suspend, or terminate accounts that we reasonably believe violate these Terms, create risk for other members, or expose SafeMom to liability. Group owners and admins may additionally moderate within their groups. Where practical we will tell you why an action was taken, but we may act without notice when safety requires it.
The Service is currently offered as a pilot. Features may change, be interrupted, or be discontinued at any time, and availability may be limited by region or capacity. We may modify or discontinue the Service, in whole or in part, at any time.
The Service, including its software, design, and branding, belongs to SafeMom LLC or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the app on your personal devices for personal, non-commercial use. You may not copy, modify, reverse engineer, or redistribute the Service except where the law permits it despite this restriction.
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, SafeMom does not warrant that the Service will be uninterrupted, timely, secure, or error-free, that any alert will be delivered or received, that any location shown is accurate, or that any member will respond to an alert. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.
To the maximum extent permitted by law, SafeMom LLC and its members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of life, personal injury, property damage, or emotional distress, arising out of or relating to your use of or inability to use the Service, including the failure of any alert to be sent, delivered, received, or acted upon, even if we have been advised of the possibility of such damages. To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service will not exceed the greater of one hundred US dollars ($100) or the amount you paid us for the Service in the twelve months before the claim arose. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, or fraud. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
You agree to indemnify and hold harmless SafeMom LLC from claims, damages, and expenses (including reasonable attorneys' fees) arising from your content, your misuse of the Service, your violation of these Terms, or your violation of any law or the rights of another person, including false alerts or false reports you submit.
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and you consent to their jurisdiction. Either party may instead bring a qualifying claim in small-claims court. You and SafeMom each waive any right to a jury trial, and each agree that disputes will be brought only on an individual basis and not as a plaintiff or class member in any class, consolidated, or representative proceeding, to the extent permitted by law.
The app is distributed through the Apple App Store and Google Play. These Terms are an agreement between you and SafeMom LLC only, not with Apple Inc. or Google LLC. Apple and Google have no obligation to provide maintenance, support, warranty, or to address any claim relating to the app; to the maximum extent permitted by law, Apple and Google have no warranty obligation whatsoever with respect to the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your license to use the app is limited to a non-transferable license to use it on Apple-branded or Android devices that you own or control, as permitted by the applicable store's usage rules. You represent that you are not located in a country subject to a US government embargo or designated a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.
You may stop using the Service and delete your account at any time (Account > Delete Account, or pilot.safemom.org/account-deletion.html). We may suspend or terminate your access as described in section 7. Sections that by their nature should survive termination (including 3, the license tail in 6, and 10 through 14 and 17) survive.
We may update these Terms. If a change is material, we will update the effective date above and notify you in the app or by email before it takes effect. Continued use of the Service after the effective date means you accept the updated Terms.
If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions stay in full effect. These Terms and the Privacy Policy are the entire agreement between you and SafeMom regarding the Service and supersede any prior agreements. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms do not create any agency, partnership, or employment relationship, including between SafeMom and any member who responds to an alert.
privacy@safemom.org
SafeMom LLC
15612 Starling Water Drive
Lithia, FL 33547, USA