ShotSpotter® SMS Alerts – Terms of Service

Updated November 11, 2015

References to “we”, “us” and “our” herein refer to Shotspotter Inc. Welcome to Shotspotter Siren SMS Alerts! Use of the Shotspotter Siren SMS Alerts text message-based services (the “Services”) is subject to the following Terms of Service. These terms constitute a legal agreement (the “Agreement”). Please read them carefully. By using the Services you agree to these Terms of Service set forth below as they may be updated from time to time by Shotspotter. We may modify these Terms of Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party. Please visit this page frequently to check for changes in these Terms of Service. The date of the last update will be posted at the top of these Terms of Service for your convenience. Your continued use of the Services following the posting of any changes to these Terms of Service constitutes your full acceptance of those changes.

Text HELP to 37270 to obtain help on your mobile phone. Email us at: support@shotspotter.com. Call us at: 1(888)274-6877 M-F 9am-5pm Pacific Time. You may terminate any of the Services or subscriptions at any time by texting STOP to 37270.

You agree that Shotspotter, at its sole discretion, may at any time terminate your use of all or any portion of the Services and/or change its content offering made wraple through the Services, if Shotspotter believes that you have violated or acted inconsistently with this Agreement. You agree that Shotspotter shall not be liable to you or any third party for any termination of your access to the Services. Message & Data Rates May Apply.

Description of the Services

Shotspotter provides text message-based services such as gunfire alerts related to your Shotspotter Siren account. You acknowledge and agree that the Services are for your personal use only. You may not use the Services for commercial reasons. If you want to make commercial use of the Services, you must enter into an agreement with Shotspotter to do so in advance. Please contact us for more information.

Frequency of Messaging

Shotspotter alerts are delivered via text messaging to your mobile phone when there is gunfire in the coverage area you have contracted during the times of day you have requested notifications. 5 messages per day can be delivered. Carriers are not liable for delayed or undelivered messages

Access to the Services

In order to use the Services, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Shotspotter makes the Services available as well as any carrier services necessary to send text messages, and pay any service fees associated with any such access. YOUR CARRIER’S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER’S CUSTOMER SUPPORT TEAM. In addition, you must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. If any upgrade in or to the Services requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services shall be subject to the terms and conditions of this Agreement. Shotspotter reserves the right at any time and from time to time to modify, suspend, limit the use of, discontinue or permanently cancel all or any portion of the Services. Shotspotter uses reasonable efforts to ensure that the Services are always available. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. By using the Services, you agree that Shotspotter will not be liable to you for any modification, suspension or discontinuance of the Services.

Conduct 

You agree to not use the Services to transmit any unsolicited or unauthorized advertising, promotional materials or “spam”. You agree not to assume the identity of any individual other than yourself or to use a mobile telephone number belonging to a third party without their permission. You agree not to use the Services in any way which: (i) restricts or inhibits any other users from using and enjoying the Services; (ii) transmits a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware, telecommunications equipment or system; (iii) is intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of the Services; (iv) monitors or copies content from the Services by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; (v) imposes an unreasonable or disproportionately large load on our infrastructure; (vi) involves fraudulent or illegal activities; (vii) transmits content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party, including through the selection of a user or screen name or (viii) is intended to harass or annoy others.

Privacy 

Our collection of information from you, such as your mobile phone number, is subject to our Privacy Policy, which is incorporated herein by reference. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

What We Collect from You 

We receive your mobile phone number when you send a text message to us. We receive the text of messages that you send to other users of the Service. We also receive any user or screen name that you select in connection with the Service, as well as any comments or feedback regarding the Service that you send to us. We use this information to (a) provide you with the Service, (b) process and respond to inquiries, (c) improve the Service, (d) if necessary, contact you with important announcements or messages, (e) conduct research, and (f) provide anonymous reporting for internal and external clients and partners. Each message that you send through the Service (either to us or to other users of the Service) is stored on our servers. We retain these messages on our servers. Shotspotter may utilize servers owned by third parties.

Disclosure of Your Information 

We will not rent or sell your Personal Information to other companies or individuals, unless we have your consent. We may use or disclose such information in any of the following limited circumstances: We have your consent. We need to enforce our Terms of Use. We provide such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Policy and appropriate confidentiality and security measures. We provide such information to third parties who have entered into non-disclosure agreements with us. We provide such information to a company controlled by, or under common control with, Shotspotter for any purpose permitted by this Policy. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We believe it is necessary to share Personal Information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Shotspotter’s Terms of Use, or as otherwise required by law. We transfer Personal Information about you if Shotspotter is, or its assets are, acquired by or merged with another company. We may share aggregated information with others without further notice. An example of this would be the number of people who used the Service in a given month, or the total number of texts sent in a given week. We reserve the right to send you certain communications relating to the Service, such as announcements and administrative messages, without offering you the opportunity to opt-out of receiving them.

Submissions 

Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent by you to Shotspotter shall be and remain the exclusive property of Shotspotter. Your submission of any such Comments shall constitute an assignment to Shotspotter of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Shotspotter will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Shotspotter expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

Trademarks, Names and Logos

All trademarks, names and logos used on Shotspotter’s website or delivered via the Services are owned by Shotspotter or Shotspotter’s third party licensors (unless otherwise stated). Your use of the Services and our website does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly impliedly granted within or as a result of your use of the Services or our website. Without Shotspotter’s prior permission, you agree not to display or use in any manner, the Shotspotter trademarks, names and logo.

Copyright Infringement

Shotspotter is not responsible for any violations of any intellectual property rights by any user of the Services. If you believe that your intellectual property rights have been infringed by another user please contact us support@shotspotter.com. Upon receiving your complaint, we may, in our sole discretion, terminate the account of the user who appears to be infringing your intellectual property rights.

Security

Shotspotter takes precautions to ensure the security of your Personal Information. However, we cannot guarantee that hackers or unauthorized personnel may gain access to your Personal Information despite our efforts. You should note that in using the Service, your information will travel through third party infrastructures which are not under our control (such as a third party SMS delivery platform or your carrier network). We cannot protect, nor does this Policy apply to, any information that you transmit to other users. You should never transmit personal or identifying information to other users.

Opting Out

Shotspotter Alerts provides you with the ability to opt out of the Service for any reason. You can opt out by texting STOP or QUIT to 37270.

Service Limitations

We reserve the right to terminate any account for non-use of longer than 90 days. You are solely responsible for all security information relating to your use of the Services, and are fully responsible for all activities that occur under your mobile phone number.

Disclaimer of Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHOTSPOTTER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHOTSPOTTER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHOTSPOTTER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Shotspotter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES.

Indemnification

You agree to defend, indemnify, and hold harmless Shotspotter and its affiliates, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney’s fees, that arise from (i) use or misuse of the Services by you or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Services, or (iii) any other activity related to your account (including negligent or wrongful conduct). Shotspotter reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Shotspotter and its counsel in the conduct of such defense.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and you do not have any authority of any kind to bind Shotspotter in any respect whatsoever. Shotspotter may transfer, assign or delegate these Terms of Service and the rights and obligations hereunder without your consent. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Services shall be filed only in the federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.