Terms of Use

Terms of Use

Terms of Use

Freeus, LLC (“Freeus”, “Us”, “Our”, and “We”) own and operate the Freeus website located at https://www.freeus.com and the website located at https://fallsafetyapp.com (“Sites”) and the products listed on Sites, including related mobile applications (our “Products)”. 

We may change, suspend, modify, or discontinue all or any part of the Sites in our sole discretion with or without notice.  We are not liable for any reason if all or any part of the Sites are unavailable at any time or for any period.  We are not obligated to correct or update any information or content on the Sites.  We reserve the right to block or deny access to the Sites to anyone, at any time, and for any reason.

Your Acceptance of these Terms of Use

You must be 18 years of age or older to use Our Products.

These Terms of Use are an agreement between you and Freeus regarding Freeus’ Sites and Our software. You accept and agree to these Terms of Use by using Freeus’ Sites or its Products online or via the Freeus mobile application, or by continuing to store a copy of the Freeus mobile application on your smart device or computer after being presented with these Terms of Use.

Use of Our Products

Our Products are 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. Our Products are 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 Our Products and replace any other safety or monitoring procedure/precaution you would normally use if you didn’t have Our Products, because Our Products are “extra” monitoring tools.

When Freeus’ mobile application is activated by you, it interacts with hardware on a smart device to detect falls when a person carries their smart device. If a fall is detected, Freeus sounds a warning alarm for a countdown period. If you do not deactivate the alarm during the countdown period, Freeus sounds a second alarm and can initiate a text, phone call, and/or email to one or more pre-selected emergency contacts.

Any or all the components or services of Freeus may be free, or fee-based, at the sole discretion of Freeus, with payment Terms of Use clearly presented to you if and when charges apply.  Fees from cellular providers and internet providers are covered in the section titled, “Phone Calls, SMS and Automated Emails”. 

 

License Grant and Use

By accepting these Terms of Use you are granted a non-exclusive, non-transferable, revocable and limited license (revocable at any time by Freeus, subject to Freeus’ fulfillment of any current subscription period for which you have paid) to use Freeus, but only in accordance with these Terms of Use. The mobile application is licensed to you, not sold or transferred to you, and you agree that you may not use Freeus in any way that conflicts with or violates these Terms of Use or other agreements between you and any third-party.

Privacy and Security Policy

Please see our Privacy & Security Policy at: https://fallsafetyapp.com/privacy

Termination

You can terminate your account by sending an email requesting termination to support@fallsafetyapp.com, by including the phrase, “terminate my account,” your name, email address and phone number.

If you properly request termination, Freeus will terminate access to your account and terminate your ability to submit emergency contact information to Freeus and Freeus will no longer send notifications to your emergency contacts. Freeus will delete your account information from its storage systems upon termination.

However, Freeus cannot guarantee that all information submitted by you will be completely deleted.  For example, when required, we will retain your information to fulfill our legal obligations. 

User Conduct

You promise NOT to use Our Site or Our Products for any of the following purposes or activities:

  • conducting or supporting illegal activity;
  • transmitting or storing worms or viruses or any code of a destructive nature;
  • threatening, harassing, abusing, impersonating, injuring or intimidating others;
  • interfering with others’ use of Our Sites or Our Products, unless such interference is for the purpose of complying with another section of these Terms of Use;
  • delivering spam or collecting information to deliver spam, or sending advertisements;
  • decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained on or in Our Sites or Products;
  • making any modification, adaptation, improvement, enhancement, translation or derivative of Our Site or Products;
  • disguising the origin of any content transmitted through Our Sites or Products;
  • manipulating your presence on Our Sites or Products;
  • causing the launch of any automated system(s) that access Our Sites or Products in a manner that sends more request messages to servers of Freeus in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
  • data mining, scraping, crawling, redirecting, or compiling data for any purpose other than one authorized pursuant to these Terms of Use;
  • using any proprietary information or interfaces from Freeus or Our other intellectual property for any reason not authorized by these Terms of Use.

Security Code & Non-Transferability of Account

In order to use Our Products, We must send messages to your emergency contacts.  You must establish an account by providing your name and phone number. Freeus will then generate a security code via SMS to the phone number you provided; you will need to verify your receipt of that code by submitting it to Us.

Freeus 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 are responsible for maintaining the confidentiality of your account, password and other information. Any account you create is personal to you and you agree to not provide any other person with access to it.  You agree to notify us immediately if you learn of any unauthorized access to or use of your account.  You may be required to logout from your account at the end of each session. We may disable any account at any time in our sole discretion.

Information/Data You Provide and Warranties

Freeus 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 Freeus by users or other third parties. You warrant and represent that any information/data you provide to Freeus is accurate and true to the best of your knowledge. You also understand that Freeus does not, and has no obligation to, monitor, pre-screen nor pre-approve information or data, but that Freeus 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 Freeus, for any reason, including a violation of any of these Terms of Use.

You warrant and represent to Freeus that you are not infringing the rights or violating the privacy of others whenever you provide information or data on or through Our Sites or Our Products (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 Freeus. If Freeus becomes aware of a party that repeatedly infringes or violates the rights of others, Freeus will terminate the user’s account.

License You Provide to Freeus and Other Users

Freeus does not claim ownership of the information or data you provide; however, by providing information or data to Freeus, you are granting Freeus, 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 of Use.

Changes

Freeus reserves the right to change these Terms of Use at any time, for any reason, and without notice, including the right to terminate the Freeus services. Therefore, it is your responsibility to review these Terms of Use from time to time so you will be apprised of any changes.

Phone Calls, SMS and Automated Emails

Now, or in the future, Freeus may provide a free or fee-based service (at Our sole discretion) in which Freeus 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 Freeus, 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 Freeus. Freeus will not charge your emergency contacts, but Freeus shall not be responsible for any charges your emergency contacts incur from receiving phone calls or text messages initiated by Freeus. In addition, Freeus may provide free or fee-based service automated email services (at Our sole discretion) in which Freeus 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.

Disclaimers and Limitations on Liability

OUR SITES AND PRODUCTS ARE 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, FREEUS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF FREEUS. FREEUS SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH FREEUS. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OBTAINED THROUGH THE USE OF FREEUS, AND ANY DOWNLOAD OF FREEUS 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 FREEUS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OR RELIANCE ON FREEUS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF FREEUS 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 FREEUS, FROM INABILITY TO USE FREEUS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF FREEUS, OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH FREEUS. 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 FREEUS 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 FREEUS WAS NOT AVAILABLE, AND THAT THE RISK OF HARM OR DAMAGE FROM YOUR RELIANCE ON FREEUS RESTS ENTIRELY WITH YOU.

Freeus software and services are controlled and offered by Freeus from its facilities in the United States of America. Freeus 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 Freeus from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Advertisements

Now, or in the future, Freeus may display advertisements from third-parties. If you choose to click on a link from a third-party advertisement or otherwise visit a third-party site, the third party may use cookies or other technologies to collect information when you are visiting their sites. The information advertisers or other third parties collect is governed by their individual privacy policies, not by Freeus’ privacy policy. Also, although Freeus will not directly provide your personally identifying information to advertisers, third party advertisers on Freeus may analyze information regarding how particular individuals use Freeus and any public information on Freeus to target advertising toward individual users.

Governing Law

All legal issues arising from or related to the use of Our Sites or Products shall be interpreted under the laws of the State of Utah, USA, without regard to conflicts of law principles. 

You agree that the federal and state courts located in the of the State of Utah have exclusive jurisdiction over any legal proceedings relating to, arising out of, or connected in any way to your use of Our Sites, Products, and these Terms of Use.  You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Indemnification

You agree to defend, indemnify, and hold Freeus 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 of Use, (ii) your infringement or violation of any rights of a third party, and (iii) misuse of Our Sites or Products by a third party where such misuse was made available by your failure to take reasonable measures to protect your account from misuse.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Freeus and supersede any other agreements between you and Freeus.