You must be 18 years of age or older to use FallSafety.
These terms and conditions (“Terms”) are an agreement between you and Tidyware, LLC, (also referred to “FallSafety”) regarding FallSafety services and software. By using FallSafety online or via the FallSafety mobile application, or by continuing to store a copy of the FallSafety mobile application on your smart device or computer after being presented with these Terms, you accept and agree to these Terms in full.
FallSafety is a service and software for use in addition to, or as a supplement to, your existing and/or required procedures for fall protection/prevention or monitoring. FallSafety is not a replacement for any prevention or monitoring procedures required by regulation or otherwise used by you. In other words, we don’t want you to rely on FallSafety and replace any other safety or monitoring procedure/precaution you would normally use if you didn’t have FallSafety, because we intend FallSafety only as an “extra” monitoring tool.
When FallSafety’s mobile application is activated by you, it interacts with hardware on your smart device to detect falls when you are carrying your smart device. If a fall is detected, FallSafety sounds a warning alarm for a countdown period. If you do not deactivate the alarm during the countdown period, FallSafety sounds a second alarm and can initiate a text, phone call, and/or email to one or more emergency contacts pre-selected by you. FallSafety includes a mobile phone application component and a website, both of which are supported by services (all of which are collectively referred to as “FallSafety” in these Terms). Any or all of the components or services of FallSafety may be free, or fee-based, at the sole discretion of FallSafety, with payment terms clearly presented to you if and when charges apply.
If you accept these Terms, you are granted a non-exclusive, non-transferable, revocable and limited license (revocable at any time by FallSafety, subject to FallSafety’s fulfillment of any current subscription period for which you have paid) to use FallSafety, but only in accordance with these Terms. The mobile application is licensed to you, not sold or transferred to you, and you agree that you may not use FallSafety in any way that conflicts with or violates these Terms or other agreements between you and any third-party.
Please see our Privacy & Security Policy.
You can terminate your FallSafety account by sending an email requesting termination to firstname.lastname@example.org, by including the phrase, “terminate my account,” your name, email address and phone number. If you properly request termination, FallSafety will terminate access to your account and terminate your ability to submit emergency contact information to FallSafety and FallSafety will no longer send notifications to your emergency contacts. FallSafety will delete your account information from its storage systems upon termination. However, FallSafety cannot guarantee that all information submitted by you will be completely deleted.
You promise NOT to use FallSafety for any of the following purposes or activities:
In order to use FallSafety to send messages to emergency contacts, you must establish an account by providing your name and phone number. FallSafety will then generate a security code to send by SMS addressed to the phone number you provided, which you will need to verify by providing back to FallSafety. FallSafety may, at its sole discretion, and without prior notice to any parties, change your security code and provide notice to you of the same. You understand and agree that you are solely responsible for safeguarding all access rights that you have under your security code. Your FallSafety account/security code is not transferable or assignable.
FallSafety is not responsible for, nor liable for, any mistakes, inaccuracies, defamation, omissions, falsehood, obscenity or otherwise offensive material in any of the information or data provided to FallSafety by users or other third parties. You warrant and represent that any information/data you provide to FallSafety is accurate and true to the best of your knowledge. You also understand that FallSafety does not, and has no obligation to, monitor, pre-screen nor pre-approve information or data, but that FallSafety shall nonetheless have the right (but not the obligation) in its sole discretion, to refuse, delete or move any information or data that is available via FallSafety, for any reason, including a violation of any of these Terms. You warrant and represent to FallSafety that you are not infringing the rights of, or violating the privacy of, others whenever you provide information or data on or through FallSafety (including, for example, the names, email addresses, phone numbers and user created descriptions for your emergency contacts) and that you are fully authorized to transmit all such information or data to FallSafety. If FallSafety becomes aware of a party that repeatedly infringes or violates the rights of others, FallSafety will terminate the user’s account.
FallSafety does not claim ownership of the information or data you provide; however, by providing information or data to FallSafety, you are granting FallSafety, and its affiliates, a fully paid-up, perpetual, irrevocable license, to use, store, modify, copy, make derivative works of, make compilations containing, and transmit any such information or data for the purpose of carrying out the services in the Service and Software section above in accordance with these Terms.
FallSafety reserves the right to change these Terms at any time, for any reason, and without notice, including the right to terminate the FallSafety services. Therefore, it is your responsibility to review these Terms from time to time so you will be apprised of any changes.
Now, or in the future, FallSafety may provide a free or fee-based service (at our sole discretion) in which FallSafety attempts to initiate contact with your listed emergency contacts via phone call, or text message when you fail to deactivate a warning alarm, and when an Internet connection is available on your smart device. You agree to inform your selected emergency contacts before listing them as emergency contacts with FallSafety, so that your listed emergency contacts consent to being listed. Your emergency contacts may be charged by their phone service carriers for calls placed to them, or text messages sent to them, initiated by FallSafety. FallSafety will not charge your emergency contacts, but FallSafety shall not be responsible for any charges your emergency contacts incur from receiving phone calls or text messages initiated by FallSafety. In addition, FallSafety may provide free or fee-based service automated email services (at its sole discretion) in which FallSafety attempts to send an automated email to your listed emergency contacts if you fail to deactivate a warning alarm, when an Internet connection is available.
FallSafety IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, FallSafety DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF FallSafety. FallSafety SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH FallSafety. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OBTAINED THROUGH THE USE OF FallSafety, AND ANY DOWNLOAD OF FallSafety SOFTWARE, IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SMART DEVICE OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. UNDER NO CIRCUMSTANCES SHALL FallSafety BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OR RELIANCE ON FallSafety. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF FallSafety HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE ON FallSafety, FROM INABILITY TO USE FallSafety, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF FallSafety, OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH FallSafety. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU HAVE BEEN INFORMED NOT TO RELY ON FallSafety AS A SAFETY MONITOR OR A MONITORING MEANS IN ANY WAY, AND THAT YOU SHOULD CONTINUE TO USE ALL MONITORING MEANS YOU WOULD USE IF FallSafety WAS NOT AVAILABLE, AND THAT THE RISK OF HARM OR DAMAGE FROM YOUR RELIANCE ON FallSafety RESTS ENTIRELY WITH YOU.
FallSafety software and services are controlled and offered by FallSafety from its facilities in the United States of America. FallSafety makes no representations that its software or services are appropriate or available for use in other locations outside of the United States. Those who access or use FallSafety from other jurisdictions do so at their own volition and are responsible for compliance with local law.
All legal issues arising from or related to the use of FallSafety shall be interpreted under the laws of the State of Washington, USA, without regard to conflicts of law principles. By using FallSafety and agreeing to these Terms, you agree/consent to personal jurisdiction and venue in the state and federal courts located in and serving King County, Washington, USA, with respect to disputes arising out of or relating to this Agreement or your use of FallSafety.
You agree to defend and indemnify FallSafety harmless from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any rights of a third party, and (iii) misuse of FallSafety by a third party where such misuse was made available by your failure to take reasonable measures to protect your account from misuse.
These Terms constitute the entire agreement between you and FallSafety with respect to FallSafety and supersede any other agreements between you and FallSafety with respect to FallSafety.