Terms of Service
Updated May, 2021
References to “we”, “us” and “our” herein refer to ShotSpotter Inc. Use of the ShotSpotter 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.
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.
Description of the Services
ShotSpotter provides precision policing services. 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 email@example.com for more information.
Access to the Services
In order to use the Services, you may require 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.
ShotSpotter Services may push alerts to your mobile or desktop device in connection with delivering certain aspects of the Service. The number of push alerts is unlimited and may incur mobile communication carrier fees.
YOUR CARRIER’S DATA RATES WILL APPLY TO ALL 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 or desktop 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 not to assume the identity of any individual other than yourself or to use a mobile device 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 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.
Information that is collected from you is stored on our servers. ShotSpotter may utilize servers owned by third parties.
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.
What We Collect from You
Name, agency affiliation and email address.
Chat messages, comments and feedback you send to us relating to delivery of the Service.
Service usage data and application crash data.
Mobile phone number, if you or your agency subscribe to SMS text messages.
Timestamped entry and exit locations to geofenced areas such as your proximity to a ShotSpotter Respond gunshot alert or ShotSpotter Connect directed patrol, if you or your agency grant access to location tracking.
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 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 each month, or the total number of push notifications sent in each 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.
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 or impliedly granted within or because 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 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 push notification 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.
We reserve the right to terminate any user login 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.
Unauthorized Use and Termination
ShotSpotter reserves the right to immediately terminate your user login account due to your violation of any of these Terms of Services, including permitting unauthorized access to the Services, or any other unauthorized activity related to your account (including negligent or wrongful conduct). Written notification of termination of a user login account due to a violation of these Terms of Service will be sent to the agency/City/County who has contracted with ShotSpotter for the Services.
No agency, partnership, joint venture, or employment relationship is created because 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. Choice of law, and venue for any legal action in connection with your use of the Services are set forth in the subscription services agreement between ShotSpotter and your agency/City/County.
The subscription services agreement between ShotSpotter and your agency/City/County, along with this Agreement constitutes the entire agreement and understanding between you and ShotSpotter with respect to your use of the Services.