Terms & conditions
Hammer Security (“We”, “Our”) mobile device software applications (the “Hammer Security Software”), websites, services, and content (e.g., widgets, feeds, and applications) owned or operated by Hammer Security (the “Hammer Security Services” ) are governed by the following terms and conditions.
Before using any Hammer Security Services, please read carefully the following terms and conditions of service. By accessing, browsing and/or using the Hammer Security Services, you acknowledge that you have read, understood, and agree to be bound by all consents and disclosures set forth in the Hammer Security registration process (and hereby incorporated herein by this reference), all of the following terms and conditions, including any future modifications to this terms of service, and all guidelines (collectively, the “agreement”). If you do not agree to this agreement, then please cease using the Hammer Security services immediately.
The Hammer Security services are available for individuals aged 12 years or older. If you are 12 or older but under the age of 18, then you agree to review these terms and conditions with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this agreement and you agree to have your parent or guardian review and accept this agreement on your behalf through the Hammer Security registration process. If you are a parent or guardian entering this agreement for the benefit of a child over 12, then you agree to and accept full responsibility for that child’s use of the Hammer Security service, including all financial charges and legal liability that he or she may incur.
- The Hammer Security services (the “Services”) are intended to help users send notice of their approximate location and visual/auditory surroundings to the mobile phone of chosen contacts that you set in advance. It is made available only for your convenience and is not intended as, nor should it be treated as, a substitute for emergency calls to the authorities. The Services may not work accurately, continuously or error-free, depending on the circumstances such as network connectivity, availability of GPS/Wi-Fi information, status and/or condition of your/your chosen contacts’ devices, battery level and/or other circumstances which are out of our control. The accuracy of the location information and timely delivery of the Services may be affected by your surroundings and the condition of your device and the device of your chosen contacts. Unless otherwise expressly stated or legally required, we desclaim any warranty that the Services will work accurately, continuously or without any error. Please note that your chosen contract must be a working mobile phone and the device must be turned on and capable of accepting text messages. You may incur fees based on the transfer of data related to surrounding and location information depending on fees specified by your network operator.
In order for the Services to function as intended, it is necessary to enable GPS High Accuracy and Mobile Data on, as well being able to send SMS via the Mobile Network and commands through the internet.
- You acknowledge and agree not to misuse this function or use this function for ant illegal purposes or to infringe on the privacy or any personal or proprietary rights of others. Use this function only in accordance with the law and only in cases of emergencies. You agree to be solely responsible for your use of this feature. We will not be liable for any outcome that may arise from your use of this feature.
- You acknowledge and agree that Hammer Security has offered the Hammer Security services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth below. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and Hammer Security, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and Hammer Security. Hammer Security would not be able to provide the Hammer Security Services to you on an economically reasonable basis without these limitations and disclaimers.
- The Services are made available only for your convenience and are not intended as, nor should they be treated as, a substitute for emergency calls to the authorities. Unless otherwise expressly stated or legally required, Hammer Security disclaims any warranty that the Services will work accurately, continuously or without any error.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE SERVICES ARE PROVIDED ON AN AS IS, “WITH ALL FAULTS,” AND AS AVAILABLE BASIS. YOU BEAR THE RISK OF USING THEM. SAMSNUNG GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE SERVICES. HAMMER SECURITY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT TIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
- WITHOUT LIMITING THE FOREGOING, HAMMER SECURITY MAKES NO REPRESENTATION OR WARRANTE THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (iii) THE CONTENT OBTAIED FROM THE SERVICES, OR ANY NOTIFICATIONS OR FUNCTIONALITY OF THE SERVICES WILL BE AVAILABLE, ACCURATE, COMPLETE OR RELIABLE, (iv) THE QUALITY OF THE SERVICES OR ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS OR BUGS IN THE SERVICES WILL BE CORRECTED.
- LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAMMER SECURITY SHALL NOT BE LIABLE UNDER A NEGLIGENCE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSS, LIABILITY, DAMAGE OR EXPENSE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE OR OTHER LOSSES (EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE SERVICES DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR HAMMER SECURITY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS, LIABILITY, DAMAGE, OR EXPENSE), DIRECTLY OR INDIRECTLY RESULTING FROM OR ARISING OUT OF: (i) CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW; (ii) YOUR USE OR YOUR INABILITY TO USE THE SERVICES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR FATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (vi) THIS AGREEMENT; (vii) INJURY TO PERSON OR PROPERTY (INCLUDING DEATH), OR (viii) ANY OTHER MATTER RELATING TO THE SERVICES OR THE CONTENT PROVIDED THROUGH THE SERVICES.
- YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HAMMER SECURITY RELATED TO THIS AGREEMENT OR THE SERVICES SHALL BE CEASING USE OF THE SERVICES.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU.
- INDEMNIFICATION. You agree to hold harmless, indemnify and defend the Hammer Security from and agains any claims, actions, demands, costs, liabilities, losses, damages, fines and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to your use of the Services or any failure by you to comply with this Agreement. If, despite the personal nature of the licenses granted to you under these terms and conditions, you allow any individual to use the Services, or provide to any individual any information received via the Services, you agree to inform such individual of the existence and provisions of these terms and conditions, which shall be binding upon such individual, and you agree to hold harmless, indemnify, and defend the Hammer Security from any and all claims, actions, demands, costs, liabilities, losses, damages, fines and expenses (including attorneys’ fees and costs) related to such individual’s use of the Services.
- Force Majeure. The Hammer Security shall not be liable for any delay or failure in performance under these terms and conditions or interruption of the Services, resulting from acts of God, civil or military authority, war, acts of terrorism, labor disputes, materials or services provided by third parties, or any cause beyond the reasonable control of the Hammer Security.
- With respect to any collision detection or reporting functionality associated with the SDK (if applicable), although Hammer Security endeavors to successfully detect collisions, not all collisions may be detected and some non-collisions may be falsely reported. Hammer Security does not warrant or guarantee that the technology will detect and/or report all collisions (or that it will avoid any false positives) or that emergency assistance will be provided in the event of any collision. Hammer Security is not liable for the actions or inactions of the users, or of any emergency responders or other service providers who may be contacted, or for the inability to contact any emergency responder or other service provider in any particular situation. Users are solely responsible for safe vehicle operation, proper vehicle maintenance and for avoiding and responding to any collisions.
- Furthermore, the collision detection system relies on the proper function of mobile devices, wireless communications networks and the Global Positioning System (“GPS”), among other sensors. Hammer Security is not responsible or liable for any failures or delays due to any of the foregoing and the system may not be available or functioning in a given location or at a given time.
MODIFICATION OF THIS AGREEMENT
OWNERSHIP; PROPRIETARY RIGHTS
The Hammer Security Services are owned and operated by Hammer Security. The Hammer Security Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Hammer Security Services (collectively, the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Hammer Security Services are the property of Hammer Security or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Hammer Security Services are proprietary to Hammer Security or its affiliates and/or third-party licensors. Except as expressly authorized by Hammer Security, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The Hammer Security Services are not available to persons under the age of 12 or to any Users suspended or removed from the Hammer Security Services by Hammer Security. You agree that the information you provide to Hammer Security upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times.
YOU MUST NOTIFY HAMMER SECURITY IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL.
We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure.
YOU MAY NOT SHARE YOUR ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
USAGE RULES; PROHIBITED CONDUCT AND USES
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
1. use the Hammer Security Services or any location information displayed within the Hammer Security Services to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about others;
2. use the Hammer Security Services if you are under the age of 12 years old;
3. use the Hammer Security Services for any commercial or non-private use, it being understood that the Hammer Security Services are for personal, non-commercial use only;
4. use the Hammer Security Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Hammer Security Services accounts of other Users;
6. share Hammer Security-issued passwords or access to your mobile device while Hammer Security is running and accessible with any third party or encourage any other user to do so;
7. misrepresent the source, identity or content of information transmitted via the Hammer Security Services;
8. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Hammer Security Services, features that prevent or restrict use or copying of any content accessible through the Hammer Security Services, or features that enforce limitations on use of the Hammer Security Services;
9. intentionally interfere with or damage operation of the Hammer Security Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
10. attempt to gain unauthorized access to the Hammer Security Services, or any part of it, other accounts, computer systems or networks connected to the Hammer Security Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Hammer Security Services or any activities conducted on the Hammer Security Service;
11. sell or transfer or allow another person to access your account password, profile, or Hammer Security Services account.
USAGE; REFUSAL OR SUSPENSION OF SERVICE
Hammer Security reserves the right, but has no obligation, to have our systems monitor any user’s registration as well as any user’s use of or access to the location information. Accordingly, Hammer Security also reserves the right to disable any user’s use of or access to the Hammer Security Services and the location information, for any reason and without any notice.
You acknowledge that you are solely responsible for all content and material that you provide to the Hammer Security Services.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Hammer Security Services may include links to other web sites or services solely as a convenience to Users. Hammer Security does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Hammer Security makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Hammer Security Services are solely between you and such advertiser. You agree that Hammer Security shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Hammer Security Services.
Parties other than Hammer Security may provide services or sell products via the Hammer Security Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Hammer Security does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
DISCLAIMERS; NO WARRANTIES
The Hammer Security services and any third-party software, services, or applications made available in conjunction with or through the Hammer Security services are provided “as is” and without warranties of any kind either express or implied. Hammer Security, and its suppliers and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Hammer Security and its suppliers and partners do not warrant that the functions contained in the Hammer Security Services will be uninterrupted or error-free, that defects will be corrected, or that the Hammer Security services or the server that makes them available are free of viruses or other harmful components.
Hammer Security, and its suppliers and partners, do not warrant or make any representations regarding the use or the results of the use of any location information or the Hammer Security services in terms of security, safety, correctness, accuracy, reliability, or otherwise. You (and not Hammer Security or its suppliers or partners) assume the entire cost of any necessary servicing, repair, or correction related to the Hammer Security services. You understand and agree that you download or otherwise obtain material or data through the use of the Hammer Security services at your own discretion and risk.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold Hammer Security, its affiliated companies, and its suppliers and partners, harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of any location information or the Hammer Security Services generally, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. Hammer Security reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY AND DAMAGES
You acknowledge and agree that under no circumstances, including, without limitation, negligence, will Hammer Security or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of your location information; (b) your use or inability to use the Hammer Security Services; (c) the Hammer Security services generally or the Hammer Security software or systems that make the Hammer Security Services available; or (d) any other interactions with Hammer Security or any other user of the Hammer Security Services, even if Hammer Security or a Hammer Security authorized representative has been advised of the possibility of such damages. you agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
In no event shall Hammer Security’s (or its affiliates, contractors, employees, agents, suppliers, or third-party partners) total liability to you for all damages, losses, and causes of action arising out of or relating to this agreement or your use of the Hammer Security services, exceed the amounts paid by you for accessing the Hammer Security Services or one thousand dollars, whichever is greater.
The limitations of liability set forth in this section shall also apply with respect to damages incurred by reason of any services sold or provided by third parties other than Hammer Security and received through or advertised on the Hammer Security Services or received through any links provided on the Hammer Security Services.
This Privacy Notice is incorporated into and is subject to the Hammer Security Terms of Service. Your use of the Hammer Security Services and any personal information you provide on the Hammer Security Services remains subject to the terms of this Privacy Notice and the Terms of Service.
IMPORTANT DISCLOSURES AND CONSENTS
Some of the Hammer Security Services require the use of SMS text messages. Standard data and messaging charges, fees, and taxes from your wireless operator apply.
To provide the Hammer Security Services, we collect, maintain, use, and display your personal data and the geographic location of your mobile devices (we call this “location information” or “geo-location”).
In order to subscribe to the Hammer Security Services, you must consent to: (a) the use of your devices’ location to provide the Hammer Security Services to you, including the display and disclosure of your location information (b) receive SMS messages; and (c) pay operator data, messaging, and other fees resulting from Hammer Security Services usage.
There are automatic procedures in place to verify your compliance with our Terms of Service, in particular regarding the “USAGE RULES; PROHIBITED CONDUCT AND USES” section. Accounts that violate the Terms of Service may be limited in their functionality. In order to subscribe to the Hammer Security Services, you must consent to this automated decision-making process.
BY USING THIS SERVICE YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.
EFFECTIVE DATE, DATE LAST MODIFIED
Hammer Security Terms and Conditions effective as of March 27, 2019.
Hammer Security Terms and Conditions last modified on March 27, 2019.