Terms of Use | Notion

ACCESSOS TERMS OF USE AGREEMENT

Last Updated: August 9, 2023

Welcome! This Terms of Use Agreement (these “Terms of Use”) explain the terms for using ACCESSOS’s (“AccesSOS,” “we,” “us,” or “our”) websites located at www.accessos.io, www.text911.info, and https://contact911.org/, including the progressive web application therein, (collectively our “Website”), mobile applications for iOS and Android (collectively, our “App”), and online services available, accessible, or enabled via the Websites or App (together with the Website and App, each a “Service” and, collectively, our “Services”). These Terms of Use, AccesSOS’s Privacy Policy and any applicable Supplemental Terms, as defined below (collectively, the “Agreement”), apply to all visitors, users, and others who access the Services (each a “User”). Please read this Agreement carefully before accessing or using the Services.

PLEASE NOTE THAT OUR SERVICES ARE DESIGNED AS AN ALTERNATIVE MEANS OF CONNECTING YOU WITH EMERGENCY SERVICES, THAT, IN TURN, RELY ON THE FUNCTIONALITY OF CERTAIN THIRD PARTY SERVICES THAT MAY NOT BE AVAILABLE IN ALL AREAS. YOU SHOULD NOT RELY SOLELY ON OUR SERVICES IN AN EMERGENCY, AND SHOULD CONTINUE TO TRY TO RECEIVE HELP FROM OTHER SOURCES. WE ARE IN NO WAY RESPONSIBLE FOR THE PROVISION OF EMERGENCY SERVICES.

FALSE REPORTING MAY BE A CRIME IN YOUR JURISDICTION. ACCESSOS ACTS ONLY AS A SERVICE PROVIDER AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE OF OUR SERVICES TO REPORT ANY FALSE OR INTENTIONALLY MISLEADING INFORMATION. THE SERVICES ARE ONLY INTENDED TO BE USED IN CONNECTION WITH EMERGENCIES.

BY CLICKING ON THE “I ACCEPT” BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP, OR OTHERWISE ACCESSING OR USING OUR SERVICES, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE AGREEMENT; (B) YOU ARE ELIGIBLE TO USE THE SERVICES; AND (C) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT USE OUR SERVICES. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE OR THE APP OR THE INDIVIDUAL WHO ACCESSES THE SERVICES.

SECTION 14 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND ACCESSOS. AMONG OTHER THINGS, SECTION 14 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 14 (ARBITRATION AGREEMENT) CAREFULLY.

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 14) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 14.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

By accessing or using the Services you agree and consent to AccesSOS’s collection and use of personal information as set forth in AccesSOS’s Privacy Policy.

Your use of certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you on the Services. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The applicable Supplemental Terms are hereby incorporated by reference.

PLEASE NOTE THAT IF YOU OPT-IN TO OBTAIN TEXT MESSAGES FROM ACCESSOS, SECTION 1.4 (ACCESSOS COMMUNICATIONS) OF THIS AGREEMENT BELOW CONTAINS TERMS RELATED TO OUR TEXT MESSAGE SERVICES.

THE SERVICES ARE ONLY FOR USE IN THE UNITED STATES. WE DO NOT GUARANTEE THAT THE SERVICES WILL WORK IN ALL JURISDICTIONS BECAUSE THE FUNCTIONALITY OF THE SERVICES DEPEND ON THE JURISDICTION HAVING CERTAIN FEATURES AVAILABLE. WE MAY PROVIDE CERTAIN SERVICES IN LANGUAGES OTHER THAN ENGLISH. THESE TRANSLATED SERVICES ARE PROVIDED SOLELY AS A COURTESY TO YOU, AND WE DO NOT GUARANTEE THAT ANY TRANSLATION OF THE SERVICES INTO ANY NON-ENGLISH LANGUAGE IS ACCURATE OR COMPLETE. NOTWITHSTANDING ANY SERVICES THAT YOU MAY BE ABLE TO ACCESS IN OTHER LANGUAGES, THIS ENGLISH LANGUAGE VERSION OF THE AGREEMENT SHALL CONTROL YOUR ACCESS TO AND USE OF SUCH SERVICES.

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY ACCESSOS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, AccesSOS will make a new copy of the Agreement available through the Services, and any new Supplemental Terms will be made available from within, or through, the affected Service. We will also update the “Last Updated” date at the top of the Terms of Use Agreement. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.2 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new Users of the Services and will be effective for existing Users the sooner of (i) thirty (30) days after posting notice of such changes on the App or Website; (ii) thirty (30) days after dispatch of an e-mail notice of such changes to Users; or (iii) upon such Users’ affirmative consent to the updated Agreement. AccesSOS may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).

Services Overview.
1. Emergency Services. AccesSOS provides services that help facilitate access to emergency services by sending Your Information (as defined in Section 2.2) you share with us via the Services to a third-party service provider, who is then prompted to contact the appropriate emergency services on your behalf, as further described herein (“Emergency Services”). While our goal is to make our Services as technologically accessible as possible and to increase access to emergency services, AccesSOS does not guarantee that our Services will be accessible for all Users.
2. Mental Health Services. AccesSOS provides services that help facilitate access to mental health services by sending Your Information you share with us via the Services to match you to mental health services and/or providers (“Mental Health Services”). Mental Health Services shall be provided on a third-party platform, or otherwise by a third party provider. AccesSOS does not guarantee that the Mental Health Service will be the right match to your needs. Changes to Mental Health Services shall be set forth in the applicable terms and conditions of the respective third-party platform. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICES. IF YOU ARE SUICIDAL OR ARE EXPERIENCING SUICIDAL THOUGHTS, IMMEDIATELY CALL 911 OR CONTACT A SUICIDE PREVENTION HOTLINE SUCH AS THE NATIONAL SUICIDE PREVENTION LIFELINE AT 1-800-273-8255. IF YOU ARE OUTSIDE OF THE UNITED STATES, PLEASE CONTACT YOUR LOCAL CRISIS LINE: www.iasp.info/crisis-centres-helplines/. Any future release, update, or other addition to our Services shall be subject to the Agreement.
3. Third-Party Emergency Service Provider. AccesSOS may use Noonlight, Inc., Crisis Text Line, or other third-party service providers to help connect you to emergency service and mental health providers (each, an “Emergency Service Provider”). Your Information is conveyed to the Emergency Service Provider via an application programming interface (“API”), or similar functionality, and the Emergency Service Provider may subsequently be prompted to contact the User to confirm their safety, as well as the relevant emergency or mental health responder to provide Your Information. By using our Services to report an emergency or seek Mental Health Services, you agree to be bound by the Emergency Service Provider’s privacy policy and terms and conditions, any of which may be updated from time to time, and hereby consent and authorize AccesSOS and the Emergency Service Provider to share Your Information and instructions you provide with one or more Emergency Service Provider(s) as required to help facilitate emergency and mental health services. You should only provide the information you want Emergency Service Providers to have access to, but the Services or certain aspects of the Services may not be available to you if you do not provide the full information required by the application interface. PLEASE NOTE THAT OUR SERVICES HELP FACILITATE ACCESS TO CERTAIN THIRD-PARTY SERVICES. WE ARE IN NO WAY RESPONSIBLE FOR ANY SUCH THIRD-PARTY SERVICES OR FOR THE ACTS OR FAILURE TO ACT BY ANY THIRD-PARTY SERVICE PROVIDERS, EMERGENCY RESPONDERS, 911 OR EMERGENCY DISPATCHERS, AND/OR EMERGENCY SERVICE PROVIDERS (INCLUDING NOONLIGHT AND CRISIS TEXT LINE). WE ARE IN NO WAY RESPONSIBLE FOR THE PROVISION OF EMERGENCY SERVICES OR MENTAL HEALTH SERVICES.
4. AccesSOS Communications. By entering into this Agreement or using the Services, you agree to receive communications from us, the Emergency Service Providers, and Mental Health Services, including via e-mail, text message, calls, and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us, our affiliated companies, Emergency Service Providers, and Mental Health Services, as well as communications concerning your emergency may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, and news concerning the Services and industry developments. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that AccesSOS provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF NEWSLETTER OR INFORMATIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE NEWSLETTER/INFORMATIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF INFORMATIONAL CALLS OR TEXTS, YOU MAY DO SO BY CONTACTING US AT [email protected].
5. Location Information. The Services include location information features that collect and share your location information. These features may not work for certain reasons, such as if the device’s settings to allow the collection and sharing of location information are not enabled or if the device is not connected to a Wi-Fi network. We may not be able to provide the Services or portions of the Services if your location information is not enabled. By using any Service designed to collect and share information, you represent and warrant that you have consented to use such Service and to allow it to access and collect such information.
Accounts and Registration.
1. Account Eligibility. The Services are not intended for use by anyone under thirteen (13) years of age. If you are under the age of eighteen (18), you may use our Services only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by the Agreement. If you are a parent or legal guardian of a user under the age of eighteen (18), you consent to the Agreement on behalf of such user and you are fully responsible for the acts of such user in relation to our Services. By agreeing to the Agreement, you represent and warrant to us that: (a) you are eligible to use the Services; (b) you have not previously been suspended or removed from our Services; (c) your registration and your use of our Services is in compliance with any and all applicable laws and regulations; and (d) you are using the Services in your individual capacity, and not on behalf of an entity, organization, or company.
2. Account Creation. In order to access certain Services, you may be required to register for an account on the Services (“Account”). When you register for an Account or use the Services, you may be required to provide us with information about yourself, including your name, phone number, description of the emergency, location, e-mail address, and other personal information (“Your Information”). You agree that the information you provide to us is accurate and that you will keep Your Information accurate and up-to-date at all times. For more information on how we use and disclose this information, please see our Privacy Policy. If you provide any information that is untrue, inaccurate, not current or incomplete, or AccesSOS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AccesSOS has the right to suspend or terminate your Account and refuse any and all current or future use of our Services. The Services or certain aspects of the Services may not be available to you if you do not provide accurate, current or complete information to the application interface.
3. Account Responsibilities. You are solely responsible for locking your device and/or logging out of the Website and/or App to protect the privacy of the information on your device. You accept full responsibility for all activities that occur under your Account, whether or not you know about them. You agree to immediately notify AccesSOS of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security at [email protected]. AccesSOS cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. No Ownership or Interests. We may, without prior notice, change or stop providing the Services or any portion thereof. We may permanently or temporarily terminate or suspend your access to the Services or any portion thereof without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of AccesSOS.
License.
1. User Limited License. Subject to your complete and ongoing compliance with the Agreement, AccesSOS grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, freely revocable license to: (a) install one copy of our App downloaded from a legitimate app store or distribution platform, such as the Apple App Store, Google Play, or the Amazon Appstore, where the App is made available (each, an “App Provider”), and to use such App so installed solely in object code format and solely for lawful purposes, on mobile devices that you alone own or control; and (b) access and use our Services, including the progressive web application, solely for lawful purposes. The foregoing license grant is not a sale of the Services or any portion thereof, including the App, and AccesSOS or its third-party partners or suppliers retain all right, title, and interest in the Services and all copies thereof.
2. License Restrictions. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, by using our Services, you agree not to engage in any prohibited conduct as stated in Section 7. If you access or download our App through the Apple App Store (“iOS App”), you will only use the iOS App (a) on an Apple-branded product that runs Apple’s proprietary operating system (e.g., iOS); and (b) as permitted by Section 6.5. AccesSOS, its suppliers and service providers reserve all rights not granted in the Agreement. AccesSOS may terminate your license for any unauthorized use of our Services or breach of this Agreement. AccesSOS, its suppliers, and service providers reserve all rights not granted in the Agreement. Any unauthorized use of our Services terminates the licenses granted by AccesSOS pursuant to the Agreement.
3. Updates. You understand that our Services may evolve over time. As a result, AccesSOS may require you to accept updates to our Services that you have installed on your computer or mobile device. You acknowledge and agree that AccesSOS may update our Services with or without notifying you. You may need to update third-party software or operating systems from time to time in order to use our Services. Each of the terms “App” and “Services”, as used herein, includes any update or modification to such App or Services made available to you by AccesSOS, unless AccesSOS provides separate terms in connection with such update or modification. Unless otherwise stated at the time of download, any future release, update or other addition to our Services shall be subject to the then current version of the Agreement.
4. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to our Service (“Feedback”), then you hereby grant AccesSOS an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve our Services and create other products and services.
5. Aggregate Data. AccesSOS may use the analytics, statistics, or other data related to a User’s use of the Services (“Usage Data”) to provide and improve the Services, comply with applicable law, and in any other manner or for any other purpose it sees fit, provided that (a) such Usage Data is aggregated with data from other AccesSOS users in a manner that does not allow Usage Data to be separated from such aggregate data and identified as relating to such User; and (b) if the Usage Data is not aggregated and/or the Usage Data can be identified as relating to User, then (i) AccesSOS may only use such Usage Data for internal purposes; and (ii) AccesSOS may not publish, share or otherwise distribute such Usage Data.
Ownership; Proprietary Rights.
1. AccesSOS Property. The Services are owned and operated by AccesSOS. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (“Materials”) provided by AccesSOS are protected by intellectual property and other laws. All Materials included in our Services are the property of AccesSOS or our third-party licensors. Except as expressly authorized by AccesSOS, you may not make use of the Materials. AccesSOS reserves all rights to the Materials not granted expressly in this Agreement.
2. Trademarks. AccesSOS and other related graphics, logos, service marks, and trade names used on or in connection with our Services are the trademarks of AccesSOS and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in our Services are the property of their respective owners.
3. Other Content. Except with respect to Your Information, you agree that you have no right or title in or to any content that appears on or in our Services.
Your Information.
1. Your Information Generally. Certain features of our Services may permit you to upload or share Your Information to our Services and to make Your Information available to third parties as necessary for facilitating access to such third parties’ services and emergency services. You retain any proprietary rights that you may hold in the Your Information that you provide to our Services.
2. Limited License Grant to AccesSOS. By submitting Your Information, you grant AccesSOS a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, reproduce, modify, and distribute Your Information to third parties (including, but not limited to, Emergency Service Providers, Mental Health Services, 911 and emergency dispatchers, hospitals, local police forces, local fire departments, and other emergency responders or service providers) in whole or in part, in any media formats and through any media channels now known or hereafter developed, for the purpose of providing, operating, and maintaining the Services and facilitating access to third-party services.
3. Your Information Representations and Warranties. We expressly disclaim any and all liability in connection with Your Information. You are solely responsible for Your Information and the consequences of sharing Your Information. By submitting or sharing Your Information, you affirm, represent, and warrant that: