This Mobile Application Terms of SERVICE (“Terms”) is a binding agreement between you (“End User” or “you”) and Check In Virtually™, LLC, a Tennessee limited liability company (“Company”). These Terms govern your use of the Check In Virtually™ application (including all related documentation, the “Application”). The Application checks in with you on a schedule that you determine and, in the event you do not respond, will notify one or more Emergency Contacts (each, an “EC”) designated by you (collectively, the “Services”). The Application and Services are not an emergency service and will not contact any emergency service. The Application is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON AND DOWNLOADING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) REPRESENT THAT ALL INFORMATION YOU PROVIDED OR WILL PROVIDE TO SUBSCRIBE FOR THE APPLICATION AND REGISTER YOUR ACCOUNT (“ACCOUNT”) IS  TRUE AND ACCURATE; (D) HAVE THE RIGHT, POWER AND CAPACITY TO ENTER INTO THESE TERMS; AND (E) ACCEPT AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION.

1. License Grant. Subject to these Terms, Company grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation.
2. License Restrictions. Licensee shall not:
   • copy the Application, except as expressly permitted by this license;
   • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
   • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
   • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
   • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason;
   • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
   • collect, provide or disclose any personal information of an EC without the EC’s permission;
   • use the Application or the Services to harass any third party, or contact any person, including but not limited to an EC, that has requested no further contact; or
   • use the Application or the Services for any fraudulent, illegal or inappropriate purpose.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. The Company reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
4. Final Sale; Renewals.
   • If you purchased a subscription to the Application through the Company, the sale is final, and the Company will not provide a refund. If you purchased a subscription through the Apple iTunes Store or the Google Play store, the sale is final, and your purchase will be subject to the applicable store’s payment policy, which also may not provide for refunds.
   • With respect to monthly, quarterly, semi-annual and annual subscriptions purchased from the Company, you authorize the Company to charge the same credit card used for the initial subscription fee for each renewal period. These renewal fees will continue to be charged until cancelled by you. You must cancel your subscription prior to the next renewal period in order to avoid billing for the renewal period. There are no refunds for partial subscription periods.
5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application and the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information that the Company collects through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
6. Your Obligations. You agree:
   • To maintain the confidentiality of your Account login information;
   • That you are fully responsible for all activities that occur under your Account;
   • That you are fully responsible for the use, location and functionality of your Mobile Device, and that the Company will not be liable for contacting an EC in the event that your Mobile Device is lost, stolen or misplaced;
   • To use the Application and the Services in compliance with all applicable federal, state and local laws, rules and regulations;
   • To immediately notify the Company of any unauthorized use or suspected unauthorized use of your Account, or any other breach of security with respect to your Account;
   • That you have the right to provide, are solely responsible for the reliability and accuracy of, and assume all risks associated with, any and all information and content that you provide with respect to your Account or for use with the Application or Services, including without limitation, any personally identifiable information of you, an EC or any other third party (collectively, “User Content”); and
   • Do hereby grant the Company an irrevocable, nonexclusive, royalty-free and fully-paid worldwide license to use the User Content for the purpose of providing the Services.
7. Geographic Restrictions. The Application and Services are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.
8. Updates. The Company may, from time to time, in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
   • the Application will automatically download and install all available Updates; or
   • you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these Terms.
9. Term and Termination.
   • The term of these Terms commences when you download the Application and will continue in effect for the subscription period for which you have paid or until terminated by you or the Company as set forth in this Section 8. You may extend or renew your subscription by paying the then-current subscription fee to the Company or your application store vendor.
   • You may terminate these Terms by deleting the Application and all copies thereof from your Mobile Device.
   • The Company may terminate these Terms at any time without notice if it ceases to support the Application, which the Company may do in its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the provisions herein.
   • Upon termination:
     • all rights granted to you under these Terms will also terminate;
     • your Account will be disabled and User Content deleted, provided that copies of your User Content may remain in our system; and
     • you must cease all use of the Application and delete all copies of the Application from your Mobile Device.
   • Termination will not limit any of the Company’s rights or remedies at law or in equity.
10. Disclaimer of Warranties. THE APPLICATION AND SERVICES ARE PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY SECURITY, TIMELINESS, PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE SERVICES, FOR:
    • PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    • DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY RECEIVED BY THE COMPANY FOR YOUR SUBSCRIPTION TO THE APPLICATION.THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
12. Force Majeure. Under no circumstances shall the Company be liable for any delay or failure in the performance of the Services arising directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet, equipment and telecommunication failures; utility failures; riots, insurrections and civil disturbances; fires, floods and storms; explosions; acts of God; war; or governmental actions or orders.
13. Indemnification. You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to the User Content, your use or misuse of the Application or the Services, or your breach of these Terms.
14. Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
15. The Company may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately upon posting on the Application or our website located at: www.checkinvirtually.com. Your continued use of the Application and Services following the posting of revised Terms of Service constitutes your acceptance and agreement to the changes, and such changes will be binding upon you.
16. Severability. If any provision of these Terms is held to be illegal or unenforceable under applicable law, such provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of these Terms will continue in full force and effect.
17. Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms, the Application or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in Nashville and Davidson County, Tennessee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE APPLICATION OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. Entire Terms. These Terms and our Privacy Policy constitute the entire agreement between you and the Company with respect to the Application and the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application and the Services.
20. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
21. Contact Information: You may contact us at the following email address: help@checkinvirtually.com.