Your Subscription and Your Obligations With zPatch
Use of zPatch
You expressly consent to and grant zPatch the right to collect and disclose the telephone number and location of your mobile device or other related information (“Location Information”) to all third parties in the zPatch network. Once zPatch discloses the Location Information, your relationship with such third party (and NOT this Agreement) describes how those third party may use your Location Information. You may modify certain aspects of the Service with respect to when your mobile device may be located as described below.
Activation - You must download the zPatch app or use any part of the zPatch system to activate the Service. Once you have installed zPatch application, please follow the instructions to complete activation of the Service. You must enter your phone number to receive six-digit verification code and activate account. In addition, you must accept Terms of Service to activate the application successfully. In addition, you can allow “zPatch Technologies” to access your location for navigation and pick up tracking, only while using the app, always allow and don’t allow.
Deactivation - Closing your account. You can always completely deactivate the Service by deleting the application.
ZPATCH APP SHOULD NOT BE USED FOR OR RELIED ON FOR EMERGENCY LOCATION OR SAFETY PURPOSES OR UNDER CIRCUMSTANCES REQUIRING GUARANTEED RESULTS. YOU AGREE NOT TO USE MACROPOINT LITE WHILE DRIVING A MOVING MOTOR VEHICLE.
License to zPatch Technologies, Inc.
Other than information required for activation, you do not have to submit anything to us, but if you choose to submit something, you grant zPatch non-exclusive, irrevocable, perpetual, unlimited, assignable, sublicensable, royalty-free right and license to use, copy, prepare derivative works of, distribute, publish, reproduce, display, remove, retain and use, in any way now known or in the future discovered, any content that you submit or has been submitted to you in connection with zPatch subject to the terms herein. You represent and warrant that information you submit to zPatch is accurate, not confidential and not in violation of applicable law, agreement or any third party right (including without limitation intellectual property rights, rights of publicity and privacy).
Payment of Fees and SMS Messages
You may be required to pay fees imposed by your wireless carrier, including but not limited to, SMS text messages, data or WAP services fees, roaming, air time, excess minutes or excess data fees. Such fees may appear on statements that your wireless carrier sends you. Notwithstanding the foregoing, zPatch reserves the right to charge (and thereafter, revise) fees for the Service at any time upon providing prior notice to you. If you fail to pay any such charges for zPatch when due, then zPatch reserves the right to pursue any and all legal remedies to collect the amounts owed by you and any other remedy described herein or available under applicable law. You will receive SMS messages when using zPatch and the frequency and number of such messages will depend, in part, on your use of zPatch.
You represent to us
By using zPatch, You represent and warrant that:
You will use the Service only for your personal or commercial use and for lawful purposes in the United States.
If you are a parent or guardian entering into this Agreement for the benefit of a minor (i.e. a person that cannot legally enter into binding contracts), then you accept full responsibility for any such minor’s:
You are not a minor (i.e. not under the age of 18; and if a resident of Alabama or Nebraska, not under the age of 19 and if a resident of Mississippi, not under the age of 21).
Have not previously been suspended or removed from using zPatch or any other zPatch service.
Keep Your Account Secure
Do not let others use your zPatch account. You will be responsible for anything that happens through your account until your account is deactivated. You must notify us immediately if you believe that your account has become compromised.
By accepting this Agreement, you acknowledge and agree that:
Limitations of Service and Accuracy of Data
You expressly agree that:
zPatch provides an approximate location of your mobile device and does not guarantee any results.
Results from zPatch may not be accurate, timely or reliable.
Use of zPatch and any requested Location Information is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of satellites and satellite data.
zPatch is subject to your mobile device being turned on, charged and within your underlying wireless carrier’s coverage area, among other factors.
zPatch may be limited to mobile devices located in the United States.
Support for zPatch is available by emailing firstname.lastname@example.org.
Use and Restrictions
You will comply with all applicable laws when using zPatch. You will comply with any terms, rules and/or policies that may be incorporated into this Agreement, as well as your agreements with your wireless carrier. You will be responsible for any costs and expenses incurred by zPatch (including attorneys’ fees) as a result of any misuse of zPatch. This Agreement prohibits and you will not or permit others to:
Use the Service in a manner inconsistent with or in violation of this Agreement.
Reverse engineer, decompile, disassemble or otherwise attempt to extract, generate or retrieve source code from any software program (“Programs”) underlying the Service, in whole or part, except as expressly permitted by mandatory law.
Modify, translate, adapt, arrange or create derivative works based on the Programs, in whole or part, for any purpose.
Export the technology in the Programs in violation of applicable export control laws.
Attempt to or actually override any security component of or related to the Service.