By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app and/or its services.
We are offering you this app to use for your own personal use without cost, but you should be aware that you cannot send it on to anyone else, and you’re not allowed to copy, or modify the app, any part of the app, or use our patents or trademarks in any way. You’re not allowed to, and you agree you will not, attempt to extract or analyze or use the source code of the app, and you also won’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Company.
Company is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app at any time and for any reason.
You should be aware that there are certain things that Company will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Company cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Company cannot always take responsibility for the way you use the app. If you want to use the incident reporting feature of the app, it’s possible that Company staff may not be able to forward the incident report in a timely manner. While we will - of course - take all reasonable care to make sure your incidents are uploaded to the server, we don’t accept liability for damage if that doesn’t happen in any case, and for any reason. You also need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to report an incident, Company cannot accept responsibility if you are as a result not able to do so.
You should also remember that the app’s incident reporting function’s purpose is to make things more convenient for you – it doesn’t replace 911 or contacting appropriate law enforcement personnel, and you will still need to take those actions in any sort of situation requiring a need to do so. Lastly, with respect to Company’s responsibility for your use of the app, when you’re using the features of the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do sometimes rely on third parties to provide information to us so that we can make the app’s functions available to you. Company accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app rather than using all the resources available to you, such as 911, to keep yourself or others safe, or to report crimes or incidents in a timely, responsible, effective manner.
You also agree you won’t use this app to provide false data, to attempt to subvert its security, or to abuse the system in such a way a reasonable person would define as abuse of a system. You also agree that if you do so, and it’s clear you’re doing it maliciously or with mal-intent, you will be liable for any damages, which will have to be determined at Company’s discretion. This includes, but is not limited to, spamming the system, attempting to hack the system, sending false incident reports or using addresses where no crime is taking place, attempting to cause the system to shut down or become unresponsive or less stable, using system accounts that don’t belong to you, falsifying contact information, using false GPS coordinates, or using an emulator to use the app.
Now, here’s a very important part:
The app and its services are provided on an "AS IS" basis and to the maximum extent permitted by applicable law, are provided AS IS AND WITH ALL FAULTS, and Company hereby disclaims all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE APP AND ITS SERVICES.
IN NO EVENT WILL ANY AUTHOR, DEVELOPER, LICENSOR, OR DISTRIBUTOR OF THIS APP OR COMPANY, BE LIABLE TO ANY OTHER PARTY FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, PHONE OR DATA SERVICE FEES, LOST PROFITS, LOSS OF USE, LOSS OF LIFE, LOSS OF LIMB, DAMAGE TO PERSON, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT RELATING TO THIS MATERIAL, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
At some point we may wish to update the app. The app is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Company does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. We believe you downloaded this app to help reduce crime in our city - and you're providing information to help us in that regard.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information. The main phone number for the Town police department is 317.253.5678 should you have questions or need clarification.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.