Terms of Service

I. Using the Service

A. Eligibility

This product and service are intended for personal use only and not for use by entities or organizations (e.g., church groups, schools, companies, or businesses). Accounts and subscriptions for the Locare360 Elderly GPS service must be owned and operated by an individual who provides their personal or their children’s information during the account registration process. You may only use the product and service if you can form a binding contract with Locare360 and only in compliance with this Agreement and all applicable laws, rules, and regulations.

Any individual under the age of thirteen (13) (or fourteen (14) in Korea) (a “Child”) is strictly prohibited from creating a service account without explicit parental consent (or other age as required by your jurisdiction).

By consenting to a Child’s use of the Service, parents and guardians agree to: (i) assume full responsibility for supervising the Child’s use of the Service, including ensuring that such use complies at all times with this Agreement, all referenced documents, and all applicable laws; (ii) assume full responsibility and liability for the Child’s compliance with this Agreement and their use of the Service; and (iii) be fully responsible for the disclaimers, waivers, and limitations of liability set forth in this Agreement, whether in your own name or on behalf of the Child, and all references to “you” or “your” in Sections 15(i) through (vi) shall be deemed to include your child or your ward (as applicable). Any member previously removed from the Service by us is not permitted to use the Service again.

B. Prohibited Uses

You agree not to engage in any of the following prohibited activities:

• Copying, distributing, transmitting, decompiling, reverse engineering, publicly displaying, re-publishing, licensing, selling, or disclosing any part of the Service, including but not limited to “scraping” or creating derivative works based on the Service, through any automated or non-automated means;
• Determining or attempting to determine any source code, algorithms, methods, or techniques embodied in the Service or incorporating any part of the Service into any other programs or products;
• Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure, or using any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Locare360 servers than a human can reasonably produce in the same period by using a conventional online web browser or mobile application;
• Sending spam, chain letters, or other unsolicited emails and in-app messages;
• Uploading invalid data, viruses, worms, or other software agents through the Service;
• Collecting or harvesting any personally identifiable information, including account names;
• Using the Service for any commercial purposes;
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity;
• Interfering with, or attempting to interfere with, the proper functioning of the Service or attempting to compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
• Accessing any content on the Service through any technology or means other than those provided or authorized by Locare360;
• Bypassing any measures we may use to prevent or restrict access to or use of the Service or any content therein, including but not limited to attempting to circumvent any age restrictions or parental consent mechanisms or providing false or inaccurate age or state and country (as applicable) information;
• Encouraging any conduct that restricts or inhibits any other person from using or enjoying the Service or which, in our judgment, exposes us or our members to any liability or detriment of any type;
• Violating or encouraging others to violate this Agreement or any applicable law or regulation, including but not limited to laws related to trafficking, stalking, credit card fraud, data or software export, patent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others).

C. Right to Access and Use the Service

We grant you a non-exclusive, limited, non-transferable, freely revocable right to access and use the Service on a single device that you own or control for personal, non-commercial use only, and as permitted by the features of the Service. Locare360 reserves all rights not expressly granted herein in the Service and to the Service. We may terminate this right at any time for any reason, including but not limited to if you fail to comply with these terms or our customer support representatives’ instructions, due to reasons beyond our control, or if we discontinue providing the Service.

D. Accounts

In order to use our Product and Services, you must have an account with us. Accounts that you are able to establish with Locare360 may give you access to the functionality of the Products and Services that we may modify from time to time in our sole discretion.

When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. Unless directly caused by Locare360’s negligence or breach of this Agreement, Locare360 will not be liable for any damages or losses caused by any unauthorized use of your account.

You may control your Member profile and how you interact with the Products and Services by accessing the “Settings” screen in the App and changing settings that are made available to you. For example, from the “Settings” screen you can add and delete Circle members, turn Drive Detection on and off, opt-in or out of the sale or sharing of personal information, or share a Tile’s location.

E.Downloading Our App

When you download our App from the Apple App Store, Google Play, or another app store or app distribution platform (an “App Store”), you acknowledge and agree that:

1. These Terms are concluded between us, and not with the App Store, and that we (not the App Store) are solely responsible for our App;
2. The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims;
3. The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement; and App Store
4. The App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store’s terms of service when using our App.

F. Beta Services

From time to time, Locare360 may offer Beta Services to you. “Beta Services” means the Services, or a specific feature of the Services, that are provided prior to general commercial release and which are designated or presented to you as alpha, beta, experimental, pilot, early access, non-production, or in evaluation. By accepting, downloading, or using any Beta Services, you understand and acknowledge that the Beta Services are being provided on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. IN NO EVENT SHALL THE TOTAL LIABILITY OF LOCARE360 OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE USE OF BETA SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100 USD). Locare360 is not obligated to provide any maintenance, technical, or other support for Beta Services, and may discontinue Beta Services at any time at our sole discretion.

II. Service Availability and Our Right to Terminate

We may, without prior notice, change the Services; stop providing the Services or any features of the Services, to you or to Members generally; or create usage limits for the Services, in order to make performance or security improvements, to comply with the law or to prevent illegal activities on or abuse of our Services, or if elements of the Services are no longer able to be provided by us (for example, if an underlying Third Party Service Provider no longer provides them). You can also end your relationship with us at any time if you do not like any of these changes by closing your account (see section X (Cancel Your Subscription or Close Your Account)).

III. Member Content

Certain areas of the Services allow Members to upload or post content such as profile information, images, text, comments, questions, messages, and other content or information (any such content a Member submits, posts, displays, creates, or affirmatively chooses to make available on the Service is “Member Content”). Member Content does not include information collected from or about your phone or device. We claim no ownership rights over Member Content created or submitted by you. The Member Content you create remains yours; however, by sharing Member Content through the Services, you agree to the Member Content License Grant below, and to allow others to view, edit, and/or share your Member Content in accordance with your settings and this Agreement. Locare360 has the right (but not the obligation) in our sole discretion to remove any Member Content that is shared via the Services.

You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members. Locare360 shall have no liability for your interactions with other Members, or for any Member’s action or inaction. 

You agree not to post or transmit Member Content that:

• May create a risk of harm, damage, or loss of any kind to any person or property;
• Seeks to harm or exploit elderly individuals by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
• May constitute or contribute to a crime or tort or which contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
• Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
• Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• Contains any information or content that you know is not correct and current;
• Violates any applicable policy, including those related to ethics;
• Interferes with other Members or users of the Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Services and deleting or revising any content posted by another person or entity; or
• Except where expressly permitted, posts or transmits charity requests, petitions for signatures, or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters, any advertising or promotional materials, or any other solicitation of other Members to use goods or services except in those areas (for example, a classified bulletin board) that are designated for such purpose.

You agree, represent, and warrant that any Member Content that you upload or post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Locare360 reserves the right, but is not obligated, to investigate and take appropriate action, including rejecting and/or removing any Member Content, suspending or terminating your account, and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities if you violate any provision of these Terms of Service. In order to cooperate with governmental requests, subpoenas, or court orders, to protect our systems, service providers, partners, and other Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e., name, e-mail address, etc.), IP address and traffic information, usage history, your Member Content, and your conduct.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, province, country, territory, or other jurisdiction.

In connection with your Member Content, you affirm, represent, and warrant the following:

• You have the consent of each and every individual in the Member Content to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
• Your Member Content and Locare360’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

While we reserve the right (but not the obligation) to remove any Member Content that appears on our Services, Locare360 takes no responsibility and assumes no liability for any Member Content that you or any other Member or third party posts or sends over the Services. You shall be solely responsible for your Member Content and the consequences of posting or publishing it. Locare360 cannot guarantee that all Member Content complies with the provisions of this Agreement, and therefore you understand that you may be exposed to Member Content that is inaccurate, objectionable, inappropriate for elderly individuals, or otherwise unsuited to your purpose, and you agree that Locare360 shall not be liable for any damages you allege to incur as a result of Member Content.

IV.License Grant

By posting any Member Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Locare360 a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and create derivative works of all such Member Content and your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with operating, developing, marketing, providing, and improving the Locare360 Elderly GPS Products or Services.

V. Mobile Software Specific Terms

A. Mobile Software

As part of the Products and Services, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. Locare360 does not warrant that the Mobile Software will be compatible with your mobile device. For the Locare360 Elderly GPS Services that you may use, Locare360 hereby grants you a non-exclusive, non-transferable, revocable right to use a compiled code copy of the Mobile Software for one account owned solely by you, for your personal use. Without limiting the general prohibitions on your actions found in the “Prohibited Uses” above, which also apply to the Mobile Software, you may not:

• Modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
• Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Software to any third party, or use the Mobile Software to provide time-sharing or similar services for any third party;
• Make any copies of the Mobile Software;
• Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
• Delete the copyright and other proprietary rights notices on the Mobile Software.

You acknowledge that Locare360 may from time to time issue upgraded versions of the Mobile Software, and (where permitted) may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULAs, if any, authorizing the use of such code. The foregoing right to use is not a sale of the Mobile Software or any copy thereof, and Locare360 or our third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Locare360 reserves all rights not expressly granted under this Agreement.

If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of the Mobile Software and the Services, including the laws in your jurisdiction of residence.

B. Mobile Software from Apple App Store

The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Locare360, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the then-current App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Locare360 as the provider of the software.

You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Locare360 as the provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Locare360, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Locare360 acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as it relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as it relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

C. Mobile Software from Google Play Store

A. Mobile Software

The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Locare360 only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Locare360, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Locare360’s Google-Sourced Software.

VI. Our Communications with You

A. Email Communications

By providing Locare360 your email address, you consent to our use of your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Products or Services and, where permitted, special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from Locare360. Members whose residency is in jurisdictions requiring opt-in consent for such communications will be provided with an opportunity to provide such opt-in consent prior to receiving any non-Product or Service related messaging.

B. SMS/Text Messaging

We may offer you the option to receive recurring SMS/text messages, such as alerts related to a monitoring feature of the Service (the “Text Messaging Program”). We may also send SMS/text messages in the event of an emergency, such as the detection of a significant event involving a member of your monitored group, or if you are listed as a member’s emergency contact. By consenting to the Text Messaging Program, you agree to receive SMS/text messages to the mobile phone number you provided to us. You certify that the mobile number you provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages.

You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system, that standard message and data rates apply, and the frequency of messages may vary. The Text Messaging Program may not be available on all carriers or compatible with all mobile phone models, and carriers are not liable for any delayed or undelivered messages. Also, the availability of the Text Messaging Program may be impacted or restricted by the local laws, regulations, or rules where you reside. We are not responsible for any delays upon sending or receiving text messages and can change the Text Messaging Program at any time. For help with text messages, reply “HELP” to any text message you receive through the Text Messaging Program. To unsubscribe from text messages at any time, reply “STOP” to any text message you receive through the Text Messaging Program.

You consent that following such a request to unsubscribe from SMS/text message communications, you may receive one final text message confirming your request. You can also unsubscribe (or, after unsubscribing, resubscribe), or obtain help by emailing us at support@locare360.com. Please keep in mind that if you opt-out of receiving text message alerts, we may not be able to contact you with important messages regarding the Service or your monitored group members. However, if there is an emergency or account question, we will attempt to contact you in other ways, such as by push notification or email.

VII.

Intellectual Property and User Submissions for Locare360 Elderly GPS

Except for your Member Content, the Products and Services and all materials, services, and information therein or transferred thereby, including, without limitation, information, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, content, reports, features, functionality, design, presentation, analyses, and data that is otherwise generated, collected, or transmitted through the Services or Mobile Software, and the “look and feel” of the Services (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Locare360 and our licensors (including other Members who post Member Content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Locare360 under any obligation, and that we are free to use the Idea for any purpose without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Locare360 does not waive any rights to use similar or related ideas previously known to Locare360, or developed by our employees, or obtained from sources other than you.

Locare360 has no obligation to review, consider, or implement any Idea. You agree, represent, and warrant that any Idea that you submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.

VIII. Features of the Products and Services

The Services include a number of features which may or may not be available to you depending on where you are located, which Services, devices, or features you elect and, where required, pay or subscribe to use. Some of the Service features require Mobile Software to be installed on the devices that the features apply to. Not all Service features may be available in your country. Please see the Product and Service Terms for more information regarding the features of the Products and Services and their limitations.

Locare360 Services are NOT A REPLACEMENT FOR EMERGENCY SERVICES (911 OR 999/112 IN THE UK/EU). In the event of a critical emergency, always dial 911 (999/112 in the UK/EU or the emergency services number for the country where you are currently located) immediately.

IX. Billing, Pricing, and Payment Terms

A. Billing Policies

If you elect to use Subscription Features, you agree to the pricing and payment terms displayed at the time you elect to subscribe. Locare360 may add new features for additional fees and charges or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms shall only apply to you and become effective in the billing cycle following at least 30 days’ notice of such change to you.

Locare360 is not responsible for all the mobile data usage resulting from the use of the Services. Consult your provider with questions related to billing, as data rate charges and limits may apply.

B. Pricing and Payment Terms

1. Subscription Fees; Auto-Renewal

All subscription fees plus any applicable taxes and other charges (the “Subscription Fee”) are payable in advance, at the beginning of your subscription term, and at the start of each billing period thereafter, at the then-current Subscription Fee.

You may have the option to pay your Subscription Fee on a monthly basis (a “Monthly Subscription”), or on an annual basis (an “Annual Subscription”). Your subscription with us will automatically renew until you cancel it. If you have a Monthly Subscription, we (or our third-party payment processor) will automatically charge you each month on the anniversary of the commencement of your Monthly Subscription, using the payment information you have provided until you cancel your Monthly Subscription. If you have an Annual Subscription, we (or our third-party payment processor) will automatically charge you annually on the anniversary of the commencement of your Annual Subscription, using the payment information you have provided until you cancel your Annual Subscription. If you have an Annual Subscription, we will send you a reminder at least thirty (30) days prior to each renewal with the then-current Subscription Fee. We may send additional reminders for other subscriptions as required. We reserve the right to change our Subscription Fees for Monthly and Annual Subscriptions. We will provide you advance notice of any increase in the Subscription Fees applicable to your subscription.

If you change or upgrade your subscription, your billing date may also change. If you change from a Monthly Subscription to an Annual Subscription, on your next billing date, you will be charged the then-current Subscription Fee for an Annual Membership, and your Annual Subscription will renew on an annual basis. If the option to change from an Annual Subscription to a Monthly Subscription is available, and you change to a Monthly Subscription, at the next renewal date for your Annual Subscription, you will be charged the then-current Subscription Fee for a Monthly Membership, and your Monthly Subscription will renew on a Monthly basis.

Purchasing a Locare360 subscription allows you to apply the features associated with that subscription to one Circle on your Locare360 account. These features will be available to all members in the Circle to which you apply the subscription, up to a maximum of six members per Circle (some limitations may apply; please see the Product and Service Terms for more information). Only one Circle member needs to purchase and apply their subscription to a Circle. Locare360 is not responsible if members purchase multiple subscriptions and apply them to the same Circle.

2. Free Trial Period

After initial registration of a paid membership subscription, you may be given an initial free trial period (“Free Trial Period”). Certain features may not be available during the Free Trial Period, at Locare360’s sole discretion. You may cancel your account at any time during the Free Trial Period to avoid any additional charges. If you want to change your account type, you may do so at any time (either before or after the Free Trial Period ends). You are limited to one trial per person (credit card or other unique payment or identification method) during any twelve (12)-month period. If you do not cancel your account during the Free Trial Period, then at the end of the Free Trial Period you will be automatically charged for the price of the account type you selected during registration and you will continue to be charged unless and until you cancel your subscription. You may cancel a subscription at any time, within the app as follows:

• For the Locare360 app, go to Settings, Account, Delete Account.

Note that if you purchased a subscription through the Apple App Store or Google Play Store, then you also need to ensure you cancel your recurring payments within those app stores.

By accepting a Free Trial Period, you agree that, at the end of the Free Trial Period, you will be charged the then-current Subscription Fee for a Monthly or Annual Subscription, as specified in the offer for the Free Trial Period, and at the start of each subsequent billing period. You authorize us to charge you using the Payment Information you provided when you accepted the offer for the Free Trial Period. We may validate your Payment Information and the payment method you provided by requesting a temporary authorization to the financial institution that issued your payment method. If we determine that your Payment Information or payment method is invalid, we may revoke your subscription and terminate your Free Trial Period.

3. Payment Information

You may be required to provide Locare360 with a valid credit card, debit card, or other form of payment (“Payment Information”) to use certain Subscription Features. You must promptly update all Payment Information to keep your account current, complete, and accurate (e.g., for changes in your billing address, credit card number, or credit card expiration date). You must promptly notify Locare360 if your credit card is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Payment Information. Changes to such information can be made within the app settings.

If you fail to provide us with any of the foregoing information, you agree that Locare360 may continue charging you for any use of the Subscription Features under your billing account unless you have terminated your Subscription Features as set forth herein.

4. Cancellation and Refunds

You can cancel your Locare360 subscription at any time, and you will continue to have access to the Subscription Features through the end of your billing period. Payments are non-refundable, and there are no refunds or credits for partially used billing periods. To cancel, go to the app’s Settings, Account, and then Delete Account. If you cancel your subscription, your account will automatically close at the end of your current billing period.

If you signed up for Locare360 using your account with a third party as a Payment Method and wish to cancel your Locare360 subscription, you may need to do so through such third party, for example, by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Locare360 service through that third party. You may also find billing information about your Locare360 subscription by visiting your account with the applicable third party.

Locare360 reserves the right to terminate or suspend your account and access to the Subscription Features immediately, without prior notice or liability, if you breach any of the terms of this Agreement. In the event of termination, your right to use the Subscription Features will immediately cease. If you wish to terminate your account, you may simply discontinue using the Subscription Features and delete your account as described above.

C. Disputes and Chargebacks

1. Disputes

If you dispute any charges, you must let Locare360 know within sixty (60) days after the date that Locare360 charges you. You agree to submit any disputes regarding any charge to your account in writing to the following email address: support@locare360.com. You agree that your failure to notify Locare360 of any dispute within sixty (60) days of the date of the disputed charge will constitute your waiver of any claim relating to that disputed charge.

2. Chargebacks

If you initiate a chargeback or otherwise reverse a payment made with your Payment Information, Locare360 may, in its sole discretion, terminate your account immediately. If Locare360 successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.

Locare360 reserves the right to dispute any chargeback received, including providing evidence of your approval and acceptance of these Terms when you registered for an account or made a purchase.

D. Taxes

Subscription Fees may not include applicable sales or use taxes, VAT, or other similar taxes, which will be added to your total Subscription Fee and reflected on your billing statement. You are solely responsible for paying any such taxes.

E. Promotions and Offers

Locare360 may offer promotions or discounts (“Offers”) which may be subject to additional terms and conditions. These Offers may not be combined with any other promotions or discounts. Locare360 reserves the right to modify or cancel Offers at any time.

F. Changes to Billing Policies and Payment Terms

Locare360 may, at its sole discretion, modify or update these Billing Policies and Payment Terms from time to time. When changes are made, Locare360 will make a new copy of the terms available on its website and within the app. Any changes to these terms will be effective immediately for new users and upon the next renewal date for existing subscribers. Your continued use of the Subscription Features following any changes constitutes your acceptance of such changes.

By subscribing to Locare360, you acknowledge that you have read, understood, and agree to be bound by these Billing Policies and Payment Terms. If you have any questions or concerns, please contact us at support@locare360.com.

X. Cancellation of Subscription or Closure of Account

• A. Cancellation of Subscription or Closure of Account
• B. Additional Information on Account Cancellation
• C. Cooling-Off Period for Subscription Cancellation

XI. No Professional Advice

If the Services provide professional information (for example, medical or legal advice from Locare360’s Third Party Service Providers), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

XII. Privacy

We care about the privacy of our Members. Please see our Privacy Policy for information about how we collect, use, and disclose information about you, including device data, location, sensory, and motion data. You consent to the collections, uses, and disclosures of your personal information for the purposes described in our Privacy Policy.

XIII. Security

Locare360 cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

XIV. Third-Party Links

The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Locare360. If you use any such links, you will leave the Service. Locare360 does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and Locare360’s Privacy Policy do not apply to your use of such sites. You expressly relieve Locare360 from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Locare360 shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

XV. Indemnity

This section does not apply to consumers who are resident in the UK, EU, EEA, or any other jurisdiction where this indemnity is not allowable under applicable law. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Locare360 and our subsidiaries, agents/mandataries, licensors, managers, and other affiliated companies, and their employees, contractors, agents/mandataries, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your Member Content, or any Member Content or other information that is submitted via your account, including any Ideas; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

XVI. No Warranty

If the law of the country where you live does not allow for the disclaimer of certain warranties provided in this Section, those disclaimers shall not apply to you to the extent prohibited.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOCARE360 OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, LOCARE360, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (I) THE SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICES (FOR EXAMPLE, DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE) WILL BE ACCURATE, RELIABLE, ERROR-FREE OR CORRECT; (II) THE SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (III) THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.

LOCARE360 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LOCARE360 WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

XVII. Limitation of Liability

If the law of the country where you live does not allow for the disclaimer of certain warranties provided in this Section, those disclaimers shall not apply to you to the extent prohibited.

THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LOCARE360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

NOTHING IN THIS AGREEMENT SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT LOCARE360’S LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY LOCARE360’S GROSS NEGLIGENCE; (2) FRAUD; (3) FRAUDULENT MISREPRESENTATION; OR (4) ANY OTHER LIABILITY WHICH CANNOT BE VALIDLY EXCLUDED OR LIMITED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOCARE360, OUR AFFILIATES, AGENTS/MANDATARIES, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT CAUSED BY LOCARE360’S BREACH OF THIS AGREEMENT OR ANY LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT THAT WAS NOT, AT THE TIME THAT YOU ENTERED INTO THIS AGREEMENT, A REASONABLY FORESEEABLE CONSEQUENCE OF LOCARE360’S BREACH OF THIS AGREEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOCARE360, OUR AFFILIATES, AGENTS/MANDATARIES, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PRODUCTS OR SERVICES.

UNDER NO CIRCUMSTANCES WILL LOCARE360 BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PRODUCTS OR SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOCARE360 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE PRODUCTS OR SERVICES OR RESULTS THAT ARE OBTAINED FROM USE OF THE PRODUCTS OR SERVICES (FOR EXAMPLE, DATA, INFORMATION, LOCATION, CRASH DETECTION OR REPORTING, EMERGENCY ASSISTANCE); (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PRODUCTS OR SERVICES (EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS OR SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS OR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (VII) MEMBER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES.

IN NO EVENT SHALL LOCARE360, OUR AFFILIATES, AGENTS/MANDATARIES, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY MEMBER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LOCARE360 HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

All legal actions arising with respect to the Services shall, unless prohibited by applicable law, be barred

XVIII. Dispute Resolution, Arbitration; Governing Law, Jurisdiction, and Venue; Class Action Waiver

A. Dispute Resolution; Arbitration

The term “Disputes,” as used in this section, is intended to be interpreted broadly and includes any claim, dispute, or controversy between us that arises out of or relates to this Agreement, this Section 18, and/or any and all use of the Products or Services, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes all threshold issues of arbitrability, including the validity, enforceability, or scope of this Section 18. The only Disputes excluded from this obligation to arbitrate are: (1) claims that could be brought in small claims court; and (2) Locare360’s claims for injunctive or other equitable relief.

You must send written notice of any dispute you have with Locare360 to us at least sixty (60) days before filing a demand for arbitration. Your notice of dispute should be sent to us at the following address: legal@locare360.com. This notice is to give us the opportunity to resolve your dispute informally. You agree to try to negotiate a resolution of your dispute in good faith for the duration of the 60-day period. If we are unable to resolve your dispute, then you may file a demand for arbitration as outlined below.

In the unlikely event that we have not been able to resolve your dispute after sixty (60) days, except where prohibited by applicable law, we each agree to resolve all Disputes (except the small claims and equitable claims excluded above) by binding arbitration brought before the arbitration body indicated below. The arbitration will be conducted in the location indicated below, unless you and Locare360 agree otherwise. Each party will be responsible for paying any arbitration filing, administrative, and arbitrator fees in accordance with the applicable rules. The award rendered by the arbitrator shall include costs of arbitration and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition, attorneys’ fees are awardable only as permitted by applicable law.

B. Governing Law, Jurisdiction, Venue, and Arbitrators

Any action related to this Agreement shall be governed by and construed in accordance with the applicable law identified below (without reference to its principles of conflict of laws), as determined by the Customer’s domicile. The parties hereby irrevocably consent to the nonexclusive jurisdiction of, and venue in, the jurisdiction identified below.

C. Class Action Waiver

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LOCARE360 ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

XIX. Information and Complaints

If you have a question or complaint regarding the Products or Services, please send an e-mail to support@locare360.com or call +1 (866) 277-2233. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with Locare360. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

XX. General Terms

A. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Locare360 without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to the Agreement

Locare360 may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by Locare360 in our sole discretion or as may be required by applicable law. In order for us to send you notifications by email, you must ensure that you have an updated email address entered into your account. You can add an email address to your Locare360 account, or update the email address you have on your account, by accessing Settings – Account – Edit Email Address within the Locare360 App. Locare360 reserves the right to determine the form and means of providing notifications to our Members, provided that you may opt out of certain means of notification as described in this Agreement. Locare360 is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Locare360 may modify or update this Agreement from time to time to reflect changes to our Services or how we do business; for legal, regulatory, or security reasons, or to prevent abuse or harm. Your continued use of the Services after any such change constitutes your acceptance of the Agreement. If you do not agree to any of these terms or any future Agreement, do not use or access (or continue to access) the Services. You can also end your relationship with us at any time if you do not agree with any of these changes by closing your account (see Section X “Cancel Your Subscription or Close Your Account”).

C. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Locare360 in connection with the Services (including all supplemental terms referenced herein), shall constitute the entire agreement between you and Locare360 concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

D. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Locare360’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E. Third Party Trademarks

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play, the Google Play logo, and Android are trademarks of Google Inc. 

F. Contact Information

Please contact us at support@locare360.com with any questions regarding this Agreement.

Locare360 maintains an office address at:

23G, Hantingxuan, Peace Square, G4V7+JMW, Jiefang Rd, Luohu District, Shenzhen, Guangdong Province, China, 518010

G. Language

You and Locare360 have each expressly requested and required that this Agreement and all ‎documents that relate hereto be drawn up in the English language, and that the English language version of this Agreement shall prevail in the case of any discrepancies between it and a version in any other language.

If you have a question or complaint regarding the Products or Services, please send an email to support@locare360.com or call +86 13244751014. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with Locare360. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.