TERMS OF USE

Use of the App

• Eligibility
  

  The App is designed exclusively for individual, non-commercial use and is only available to users who have the legal capacity to form a binding contract. You confirm that the information provided to Family Locator is accurate, complete, and current, and that you have the authority to enter into these Terms.

  Users under the age of 13 in the United States and under the age of 16 in the European Union require parental or guardian consent before creating an account. By granting this consent, parents and guardians agree to:

  • Assume full responsibility for their child’s usage of the App and monitor their activities for compliance with these Terms, the Privacy Policy, and relevant laws.
  • Accept liability for any activity undertaken by their child within the App.
  • Ensure the information provided during registration is complete, accurate, and updated as necessary.
• Prohibited Uses
  

  Family Locator prohibits any misuse of the App, including activities that could disrupt its functioning or infringe upon other users’ rights. The following activities are explicitly prohibited:

  • Copying, modifying, distributing, or creating derivative works of any part of the App without prior authorization from Family Locator.
  • Transmitting spam, unauthorized advertising, or unsolicited communications through the App.
  • Collecting or harvesting other users’ personal information (e.g., location data, account credentials, personally identifiable information) without consent.
  • Impersonating any person or entity, misrepresenting affiliations, or misleading others regarding your identity.
  • Tampering with the security or functionality of the App, including attempts to bypass security measures or access location data without authorization.
  • Using automated systems, such as “robots” or “spiders,” to interact with the App in ways that exceed standard usage levels.
  • Engaging in unauthorized tracking or surveillance, or conducting any behavior that may intimidate, harass, or harm other users.
  • Violating any local, state, or federal laws relating to privacy, data protection, or unauthorized tracking.
• License and Access Rights
  

  Family Locator grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the App for personal purposes only. This license does not grant ownership rights over the App, its design, or its content, which are protected by copyright, trademark, and other intellectual property laws.

  This license is contingent upon your compliance with these Terms and may be terminated if you violate any provision. Your access to and use of the App must comply with all applicable laws, and any unauthorized use may result in immediate termination of this license.

• Account Creation and Security
  

  To fully access and utilize the App, you are required to create an individual user account. Account creation involves providing accurate and current information to enable secure access and personalized service delivery.

  As a user, you are responsible for:

  • Maintaining the confidentiality of your account credentials, including username and password.
  • Choosing a strong and unique password and updating it periodically for added security.
  • Avoiding the sharing of login information with others and exercising caution when accessing your account on public or shared devices.

  All activity conducted under your account is your responsibility. In the event of suspected unauthorized access or unusual account activity, please notify us at designated support address.

• Third-Party Links and Services
  

  The App may contain links to third-party websites or services that are not owned or controlled by Family Locator LLC. We do not endorse or assume any responsibility for any third-party sites, information, materials, or services. If you access a third-party website, you do so at your own risk, and you should review the terms and privacy policies of any third-party sites you visit. Family Locator LLC is not liable for any damages or losses caused by or in connection with the use of any third-party content or services.

User Content

• User-Generated Content
  

  As a user of the App, you may have the opportunity to generate, submit, or share content, including but not limited to messages, location data, photos, or other materials (collectively referred to as “User Content”). You are solely responsible for the User Content you create and share within the App.

• License Grant
  

  By submitting User Content through the App, you grant Family Locator LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content throughout the world in any media. This license is granted for the purpose of operating, promoting, and improving the App and its services.

• Representations and Warranties
  

  You represent and warrant that:

  • You own or have the necessary rights to the User Content you submit, and that your submission does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights.
  • Your User Content does not contain any harmful, abusive, unlawful, or otherwise objectionable material.
  • You have obtained all necessary permissions from any individuals depicted in your User Content to grant the rights set forth in this agreement.
• Removal of User Content
  

  Family Locator LLC reserves the right to review, monitor, and remove any User Content at its sole discretion, without notice, for any reason, including but not limited to violations of these Terms or any applicable laws.

• No Liability for User Content
  

  Family Locator LLC does not endorse, guarantee, or take responsibility for the accuracy or reliability of any User Content submitted by users. You acknowledge that you may be exposed to User Content that is inaccurate, offensive, or otherwise objectionable, and you agree to waive any legal or equitable rights or remedies you may have against Family Locator LLC with respect to such content.

Payment and Refund Policy

• Payment Terms
  

  All transactions, including subscriptions and in-app purchases, are processed through third-party payment platforms such as Google Play Store, Apple App Store, or designated payment providers on the Family Locator LLC website. By initiating a purchase, you agree to all listed prices, fees, and terms at the point of sale.

  • Billing and Associated Charges: Users are responsible for confirming and understanding all charges before completing a transaction. Family Locator LLC does not assume liability for any additional charges imposed by third-party payment providers, such as exchange fees or other foreign transaction fees.
  • Third-Party Payment Processing: For subscriptions initiated through app stores like Google Play or Apple App Store, billing cycles, payment methods, and associated fees are managed by those respective platforms. Family Locator LLC does not store or process your payment information directly for these transactions and is not liable for any errors or discrepancies arising from third-party processing.
  • Direct Website Purchases: For transactions completed directly on the Family Locator LLC website, payments are processed by designated providers. These providers manage all payment information securely, in compliance with data protection and privacy laws. Family Locator LLC does not retain payment data from these transactions.
  • Promotions and Discounts: Family Locator LLC reserves the right to offer promotions or discounts for initial subscription periods. Family Locator LLC may modify or discontinue these promotional offers at any time without prior notice.
• Auto-Renewal Policy
  

  Subscription-based services provided through the App operate on an automatic renewal basis. Users are responsible for managing renewals and understanding the following terms:

  • Renewal Charges: You authorize Family Locator LLC to automatically process renewal charges at the subscription rate stated during purchase. The renewal price will remain consistent with the initial rate unless adjusted.
  • Renewal Notifications: While notifications for upcoming renewals may be sent through Google Play or the App Store, Family Locator LLC is not responsible for sending renewal reminders. Users are encouraged to monitor and manage renewals proactively.
  • Auto-Renewal Cancellation: To avoid renewal charges, cancellations must be completed at least 24 hours before the billing period ends. Cancellations can be processed directly within Google Play or App Store settings.
• Trial Period
  

  Family Locator LLC may offer a trial version of the App for a specified period. Please note:

  • Duration and Free Use: Users will not incur charges during the trial. If not canceled, the subscription will automatically convert to a paid subscription at the end of the trial.
  • Trial Cancellation: Users may cancel their trial at any point through app settings or by contacting support. Cancellations should be completed at least 24 hours before the trial concludes.
  • Platform-Specific Steps for Cancellation:
    • Google Play: Access through Google Play > Profile > Payments & Subscriptions > Subscriptions.
    • Apple App Store: Open iOS settings > Apple ID > Subscriptions.
• Refund Policy
  

  Refunds are available only under specific conditions:

  • Request Timeline: Users must notify Family Locator LLC within 30 days of purchase to request a refund.
  • Documented Technical Issues: Refunds for technical issues require documentation (e.g., screenshots or error messages) that clearly demonstrates the problem. Refund eligibility is contingent upon Family Locator’s opportunity to resolve the issue within 30 days.
  • 14-Day Cooling-Off Period for EEA and UK Users: Users in the EEA and UK may cancel subscriptions within 14 days of the initial purchase. Access to the App within this period waives the right to a refund, as the service is considered fully delivered upon first use.
• Refund Process
  

  Refund requests must be submitted via email to Family Locator LLC’s designated support address.

  • Processing Time: Once a refund request is received, the Company will verify that all conditions are met. Approved refunds will be processed within 30 days, though actual processing times may vary depending on the user’s payment provider.
  • Platform-Specific Processes:
    • Google Play Store Purchases: Refunds for subscriptions purchased through Google Play will be issued per Google’s policies. You may need to initiate the refund request directly through the Google Play Store, and additional steps may be required as instructed by Google.
    • Apple App Store Purchases: Refunds for subscriptions purchased through the Apple App Store are managed by Apple. Users must initiate the refund request through Apple’s support system. Family Locator LLC has no control over Apple’s refund policies or processing times.
  • Final Decision: Refund requests processed through third-party platforms (e.g., Google Play, Apple App Store) are subject to the final decision of the platform. Family Locator LLC cannot guarantee approval and bears no liability for denied refunds under these third-party policies.
• Non-Refundable Items
  

  Certain in-app purchases, such as upsells or additional premium features, are non-refundable. These purchases are deemed “consumable” and provide immediate access to features that cannot be returned or reversed.

• Cancellation Clause
  

  You may cancel your subscription at any time through your account settings in the App or by contacting Family Locator LLC support.

  • Cancellation Policy: Cancellations must be completed at least 24 hours before the end of the current billing period to avoid being charged for the next cycle.
  • Effect of Cancellation: Upon cancellation, you will retain access to the App until the end of the current billing period. After that, your subscription will end, and you will not be charged for subsequent periods. The portion of the payment for the unused period will not be refunded.

Privacy and Data Protection

Your use of the App is subject to our Privacy Policy, which details how we collect, use, store, and protect your personal information. By using the App, you acknowledge that you have read and understood our Privacy Policy.

Modification and Termination

Family Locator LLC reserves the right to modify, suspend, or discontinue the App or any part of it at any time, with or without notice. Any changes to these Terms will be posted here, and your continued use after changes are posted constitutes acceptance.

Limitation of Liability and Disclaimers

• Disclaimer of Warranties
  
  • Provision of the App “As Is”: Family Locator LLC provides the App on an “as is” and “as available” basis without any express or implied warranties, representations, or guarantees of any kind. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties that may arise from the course of dealing or usage in trade. Users acknowledge that use of the App is at their sole discretion and risk.
  • No Guarantee of Continuous Access: Family Locator LLC does not warrant that access to the App will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components. We do not guarantee that any errors in the App will be corrected, or that the App will meet specific user needs or expectations. Family Locator LLC disclaims any responsibility for any errors or omissions in the App’s operation, any reliance by users on the App’s accuracy, or for any consequences of decisions made based on data provided by the App.
  • Limitation of Express or Implied Warranties for Services: Family Locator LLC makes no representation or warranties regarding any third-party services or platforms integrated or compatible with the App, including third-party software or services used for user accounts, data management, location accuracy, or other functionalities. Users acknowledge that these integrations may have their own terms, conditions, and limitations, for which Family Locator LLC is not responsible.
• Limitation of Liability
  
  • Exclusion of Certain Damages: To the fullest extent permitted by applicable law, Family Locator LLC, its affiliates, directors, officers, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages. This includes, without limitation, damages for loss of profits, data, goodwill, or other intangible losses, whether based in contract, tort, strict liability, or any other theory, resulting from:
    • Your use of, or inability to use, the App;
    • Unauthorized access to or alteration of your transmissions or data;
    • Statements, conduct, or content of any third party using the App; or
    • Any other matter related to the App or the Terms.
  • Cap on Liability: In no event shall Family Locator LLC’s aggregate liability exceed the amount paid by the user for access to or use of the App within the past six months. This cap applies regardless of the number of claims or the nature of the claim, whether arising from breach of contract, tort, negligence, or any other legal theory. If the applicable law does not allow the exclusion of certain warranties or limitation of damages, Family Locator LLC’s liability shall be limited to the maximum extent permitted by law.
  • Reliance and Data Accuracy: Family Locator LLC disclaims liability for any reliance by the user on data provided by the App, especially for sensitive or emergency use cases where inaccurate or delayed data may impact user safety or security.

Indemnification

You agree to indemnify, defend, and hold harmless Family Locator LLC, its subsidiaries, affiliates, officers, directors, agents, employees, and licensors from any and all claims, liabilities, damages, losses, expenses, or costs (including reasonable attorneys' fees and court costs) arising from or related to (i) any use of the App, including misuse, negligence, or misconduct, or any reliance on the App by you or any third party acting on your behalf that results in damages, losses, or third-party claims, (ii) any breach or alleged breach by you of these Terms, including any violations of the terms regarding permissible use, data collection, intellectual property, or unauthorized third-party access and (iii) any infringement, misappropriation, or violation of third-party rights, including intellectual property, privacy, publicity, or proprietary rights, that occurs as a result of your use of the App, content uploaded or transmitted by you, or actions taken in relation to the App.

Applicable Law and Dispute Resolution

• Applicable Law

  These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

• Arbitration Agreement
  • Agreement to Arbitrate: Any disputes related to these Terms or your use of the App will be resolved through binding arbitration rather than in court, under the rules of the American Arbitration Association (the “AAA”). The arbitration will take place in the state of Family Locator LLC registration, e.g., Florida, unless agreed otherwise, and will be handled by a single arbitrator.
  • Scope: This agreement covers any legal claims, including those based on contract, tort, or any federal or state laws.
  • Costs and Fees: Both parties will initially cover their own costs of arbitration. However, the arbitrator may adjust these costs based on the outcome.
  • Final Decision: The arbitrator’s decision will be final and enforceable in any court with jurisdiction.
• Class Action Waiver
  • Individual Basis Only: By agreeing to these Terms, you waive any right to bring disputes as part of a class action or collective proceeding. This means disputes will be resolved on an individual basis only.
  • Enforceability: If the class action waiver is deemed unenforceable, the rest of the arbitration agreement will still apply.
  • Severability: If any part of this Dispute Resolution section is found unenforceable, the remaining terms will continue to apply as fully as possible.

General Provisions

• Assignment

  Family Locator LLC reserves the right to assign or transfer its rights and obligations under these Terms without user consent. Your rights under this agreement are personal and non-transferable.

• Entire Agreement

  These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Family Locator LLC regarding your use of the App and supersede any prior or contemporaneous agreements, understandings, or representations, whether written or oral.

• Severability

  If any provision of these Terms is deemed unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

• Waiver

  The failure of Family Locator LLC to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Family Locator LLC in writing. Any waiver will not affect any other rights or provisions under these Terms.

• Headings

  The section headings in these Terms are for convenience and reference only and shall not affect the interpretation or construction of any provision in these Terms.

• Force Majeure

  Family Locator LLC shall not be liable for any failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, governmental actions, war, civil disturbances, strikes, technical failures, or any other event considered “force majeure” by applicable law.

Contact Details

Family Locator LLC
150 E Palmetto Park Rd
Boca Raton, FL 33432, United States
help@family-locator.com