Shotspotter Siren 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: email@example.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 available 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.
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.
which is incorporated herein by reference. You understand that through your use of the Service you consent to the collection
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 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
We transfer Personal Information about you if Shotspotter is, or its assets are, acquired by or merged with
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.
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
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.
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 firstname.lastname@example.org. 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.
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.
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.
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.
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.
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.
This Agreement constitutes the entire agreement between you and Shotspotter with respect to your use of the