My Panic Button Terms and Conditions
This is an agreement between you and Security5 LLC. If you do not agree with these terms and conditions and decide not to proceed, do not use the My Panic Button Device (the “Device”) and return it unused and in its original packaging to the place of purchase for a full refund.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
IMPORTANT: NOT A REPLACEMENT FOR 911. The Device is intended to alert the app on your smartphone using Bluetooth 4.0 communication to initiate the transmission of SMS text messages to a person or persons of your choosing. The app and Device do not assure that text messages have been sent or received.
The Device and the app are not replacements for 911. The Device is not medical equipment and it does not provide you with medical assistance. If you are in immediate danger, are suffering a medical emergency or are the victim of a crime, CALL 911 and/or the appropriate authorities immediately and do not rely on the app. Even if your smartphone and app have connectivity, Security5 cannot and does not guarantee and has no control over whether your messages will be delivered in real-time, delivered at all or accessed by or responded to by any recipient.
Before using your Device, you need to download the Device application from either the App store for iPhones® or Google Play Store for Android phones. Next you must use the application wizard to setup the app and pair your device to your smartphone.
After completing the setup your Device can alert your smartphone to send SMS text messages to up to FIVE MOBILE phone numbers only. The Device cannot send SMS text messages to land lines.
The Device and app only function under the following conditions:
- Your smartphone has access to a mobile network and an active data service plan
- The My Panic Button application must be running at all times
- Your smartphone’s software includes Bluetooth 4.0
- Your Smartphone’s location services and Bluetooth 4.0 must be activated and ON
- All contacts selected must have mobile numbers, not land lines to receive SMS text messages
- At least one contact must be selected to receive SMS text messages
- You must perform a test alert with your Device and app after setup to insure that your alert SMS text message is received by your selected contacts
- When upgrading your smartphone operating system software, you must test the app and Device to insure both are operating correctly.
YOU AGREE AND ACKNOWLEDGE that the Device:
- Does NOT call or initiate calls to 911 or any other emergency service center
- Does NOT make or receive phone calls. It sends a signal to your smartphone to initiate a SMS text message to the mobile phone numbers you identified as part of the Device set up
- Does NOT directly send SMS text messages. It sends a signal to your smartphone to initiate SMS text messages to one or more mobile phone numbers you have identified as part of the app setup. Note: only mobile phones can receive SMS text messages
- Does NOT determine your location. It relies on your smartphone’s GPS location services to determine your location
- Does NOT work under water
- Does NOT work if your smartphone is out of network range
- Does NOT work if it is too far from your smartphone
- Works ONLY when it is connected to and is in close proximity to your smartphone. Make sure the app shows that the device is connected and within communication range.
You further acknowledge that the Device does not come with any cellular or wireless service plan, data plan or other Internet connectivity services. You are solely responsible for ensuring your smartphone is compatible with the Device, is properly functioning, and has access to a Service Provider. Check with your Service Provider for compatibility and mobile data plan availability.
You acknowledge that the range of the Device is approximate and can vary significantly based on the Device’s surroundings and the Device is compatible only with certain smartphones with Bluetooth 4.0 functionality.
You agree that Security5 has no responsibility for: (i) the provision of cellular data services; (ii) wireless services or other Internet connectivity services; or (iii) the terms under which Service Providers may offer those services. Service Providers may charge you for SMS text messages or location services and other fees that Security5 does not control. You are solely responsible to pay any and all of these fees.
You agree that the Device is not medical equipment and it is not meant to provide you with medical assistance. As such, you release Security5, its affiliates, directors, agents, and employees from any and all liability associated with the use, functionality or operation of the Device.
You acknowledge that you have read and agree to be bound by the terms of the End User License Agreement, which govern the use of the Device. TheEnd User License Agreement can be found at https://www.mypanicbutton.com/eula.
You understand that the Device is intended to send an alert to your smartphone using Bluetooth communication to initiate the transmission of SMS messages. The Device does not assure that SMS messages have been sent or delivered. You are encouraged to and agree whenever practical to use all other safety and medical devices and techniques available to you for your protection.
You understand and agree that you may receive a call back from one or more of your contacts after an alert has been sent.
The Device is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause in DFARS 252.227-7013, or subparagraph (d) of the Commercial Computer Software—Licensing at NASA FAR Supplement 16-52.227-86, or their equivalent, as applicable.
This agreement is governed by the laws of the state of California and constitutes the full understanding by and between you and Security5, and may not be amended or modified, except in writing and signed by Security5.
These terms can be viewed at any time by visiting Security5’s website. Security5 reserves the right to amend, modify, and update these terms from time to time by posting the amended version at https://www.mypanicbutton.com/terms-and-conditions. Security5 may do so because of a change in the nature of the products or services, for technical or legal reasons, or because Security5’s business has changed. If you do not agree to and accept any amendment to these terms, then you shall immediately discontinue use of the Product.
Security5 reserves the right in its sole discretion to limit, disconnect or terminate your Device service in the event of abuse.