LocStat Terms of Service

1. About these terms

1.1 Accepting. You accept these Terms when you create an account, tick the box saying you agree, pair a device, or use the Service. If you don't agree, don't use the Service.

1.2 Who is bound.

• A Guardian is an adult account holder in a family. Each Guardian accepts these Terms for themselves.
• The family's owner also accepts them for the family as a whole, and for every device and Angel the family adds.
• An Angel is a person whose phone or tracker shares its location with the family. An adult Angel accepts these Terms when they pair their device.
• For an Angel who is a minor, the parent or legal guardian who pairs the device accepts these Terms for them and is responsible for their use.

1.3 Other documents. Our Privacy Policy explains how we handle personal information and is part of these Terms. If you subscribe through the App Store or Google Play, that store's terms also apply to the purchase itself.

1.4 Business use. If you use the Service for an organisation, you confirm that you have authority to bind it, and "you" includes that organisation.

2. LocStat is not an emergency service

In an emergency, call 911 or your local emergency number first. LocStat does not contact police, ambulance, fire or any other emergency service for you, and no one at LocStat monitors alerts.

2.1 What SOS does. An SOS or help request only notifies the Guardians in your family. Depending on their settings, that happens by push notification, in-app alert, email or text message. Whether anyone sees or answers it depends on those people, their devices and their networks. We do not.

2.2 No guarantee of delivery. Alerts, locations and messages can arrive late or not at all. That can happen because of:

• no cellular, Wi-Fi or satellite signal, or a phone that is off, flat or in low-power mode;
• the operating system limiting background apps, or someone changing location permissions or uninstalling the app;
• outages or delays at Apple, Google, Twilio, Iridium, mobile carriers, email providers, or our hosting providers;
• maintenance, software faults, or events outside our control.

2.3 Not a substitute for supervision. The Service helps you keep in touch. It is not a replacement for adult supervision, personal safety planning, medical alert devices, or professional monitoring. Do not rely on the Service as your only way to protect anyone's life, health or safety.

2.4 Help stops when a subscription lapses. Once locations are paused for an unpaid subscription (section 5.5), SOS and help requests are not delivered either, unless we tell you otherwise in the app. The Angel app then says so and offers to call 911. Even while a subscription is paid, nothing in these Terms guarantees that any alert will be delivered.

3. Eligibility, accounts and consent

3.1 Guardians must be adults. To create a Guardian account, you must have reached the age of majority where you live (18 or 19 in most provinces and US states). You must also be able to make a binding contract.

3.2 Every Angel must have given consent. Before you pair a device, you must have the right to share that person's location with your family. You confirm, and we record, that one of these is true:

• Minor: you are the parent or legal guardian of the Angel, or you have that parent's or guardian's written permission, and you have the legal right to make this decision for the child;
• Adult: the Angel is an adult who has freely agreed to share their location, knows who can see it, and can stop at any time;
• Adult who cannot consent: the Angel is an adult who cannot give consent, and you are legally authorised to decide for them (for example, under a power of attorney for personal care or a guardianship order).

3.3 Disputed custody. If you share parenting time or decision-making for a child, you are responsible for following any court order or parenting agreement. We do not decide family disputes. We may follow a court order we receive, and we may remove a device when a parent or guardian with authority asks us to.

3.4 Accurate information. Give us true information, and keep your email, phone number and the names and settings of your Angels up to date.

3.5 Account security. Keep your sign-in method, two-step codes, invite links, pairing codes and devices secure. You are responsible for everything done through your account and your family's devices until you tell us they have been compromised. Tell us at once at support@locstatsw.com if you suspect unauthorised access.

3.6 Roles in the family. The owner controls the family, its subscription and its data. That includes adding or removing Guardians and Angels, changing retention, and deleting the family. Owners and admins are responsible for who they invite and what those people can see.

4. Acceptable use

LocStat is for families who know they are sharing. Using it to track someone secretly or against their will is forbidden. It may also be a crime, such as criminal harassment under the Criminal Code of Canada or stalking laws elsewhere.

You must not, and must not help anyone else to:

• track, monitor or follow any person without the consent described in section 3, including a current or former partner, spouse, employee, tenant or stranger;
• hide the Angel app, disguise it, stop it showing that it is sharing, or install it on a device you do not own or lawfully control;
• use the Service to harass, threaten, intimidate, stalk or harm anyone, or to break a restraining order, peace bond or no-contact order;
• use the Service to monitor employees, or for any commercial, investigative or law-enforcement purpose, without a written agreement with us;
• put addresses, locations or other people's personal information into place names, notes or messages where the app says not to;
• resell, sublicense or share the Service outside your family, or create accounts by automated means;
• reverse engineer, decompile, scrape or probe the Service, or bypass its security, rate limits, plan limits or payment checks, except as the law expressly allows;
• upload malware, overload our systems, or interfere with other families' use;
• send false SOS alerts to cause alarm, or impersonate another person;
• use the Service in breach of any law, including privacy, export-control and sanctions laws.

What we may do. If we reasonably believe you have broken this section, we may take any of these steps without notice or refund: remove a device, suspend or close your account, keep relevant records, and report the matter to police or other authorities.

5. Subscriptions, billing and cancellation

5.1 Free trial. A family's first web subscription starts with a free trial of [7] days. A card is needed to start it and is charged when the trial ends, unless you cancel before then. A family that has not subscribed has no locations.

5.2 The family plan. One subscription covers one family, up to 4 Angels and 2 Guardians. Unused invites count toward those limits. We publish current prices in the app and on our website. Prices are in [CAD/USD] and do not include sales tax, which we add where required.

5.3 Automatic renewal. Monthly and yearly plans renew automatically at the end of each period and are charged to your payment method until you cancel. Before a yearly plan renews, we will send you a reminder where the law requires one.

5.4 Where you pay.

• On the web, payments are made through Stripe, and you agree to Stripe's terms.
• In the iPhone or Android app, payments are made through the App Store or Google Play. That store handles billing, cancellation and refunds under its own terms. We cannot issue refunds for store purchases.

5.5 Failed payments, grace period and pause. If a payment fails, or a paid period ends without renewal, you get 16 days of grace, with reminders on days 0, 7 and 14. Everything keeps working during the grace period. After it, locations are paused until you pay: the map, history, live updates and arrival news stop, Angel phones stop sharing, and reports that still arrive are not kept. Help requests stop too (section 2.4). Sign-in, settings, your Subscription page, data download and account deletion keep working. Paying turns everything back on straight away; nothing from the paused days is recovered.

5.6 Cancelling. You can cancel at any time: on the Subscription page on the web, or in your App Store or Google Play subscription settings. Cancellation takes effect at the end of the current paid period, and you keep access until then. The grace period in section 5.5 then applies. A trial cancelled before its first payment ends at once, with no grace period.

5.7 Refunds. Except where the law requires otherwise, or as this section says, payments are not refundable. That includes partial periods and unused features. [Optional: if you cancel within 14 days of your first paid web charge, we will refund it in full.]

5.8 Price changes. We may change prices. We will give you at least 30 days' notice by email or in the app, and the change will apply from your next renewal. If you don't accept the new price, cancel before it takes effect.

5.9 Taxes and chargebacks. You are responsible for applicable taxes. If you dispute a valid charge with your bank instead of contacting us, we may suspend the paid features while the dispute is open.

5.10 Deletion after a long lapse. If a family has had no subscription for [90] days after its locations were paused (or [90] days after it was created, if it never subscribed), we delete the family and everything in it: members, devices, places, notes and history. We email every Guardian 14 days and 3 days before, and never delete sooner than 14 days after the first email. Subscribing before then keeps everything. We keep only the billing records the law requires; invoices stay with Stripe.

6. How the Service works, and its limits

6.1 Locations are estimates. Locations come from GPS, Wi-Fi, cell towers or satellites, and can be off by a few metres to several kilometres. Updates normally arrive every 60 seconds, or every 5 seconds during an SOS, but only when the device can send them. A location shown on the map may be out of date. Arrival and departure messages, travel times in "On my way" and battery status are estimates too.

6.2 Your devices and networks. You supply the phones, trackers, data plans, satellite airtime and permissions the Service needs, and you pay for them. Carrier, roaming and text-message charges are yours.

6.3 Third-party services. The Service relies on providers we don't control, including Apple, Google, Mapbox, Twilio, Stripe, Iridium/RockBLOCK, DigitalOcean and our email provider. We aren't responsible for their outages, errors or terms. Your use of their parts of the Service (for example, maps) may also be subject to their terms.

6.4 History is deleted automatically. By default, we keep location history for 7 days. Owners can choose anywhere from 1 to 30 days. After that, history is deleted for good, and we cannot get it back. Do not rely on the Service as a record or evidence of anyone's location. If you need a record, save it yourself while it is still available.

6.5 Changes to the Service. We may add, change or remove features, or change which devices and operating-system versions we support. We will give you reasonable notice before a change that materially reduces what you pay for. If you are on a paid plan and don't accept the change, you can cancel and receive a pro-rated refund of any prepaid period you haven't used.

6.6 Availability. We aim to keep the Service running at all times, but we don't promise any particular uptime. We may take it down for maintenance, security or legal reasons.

6.7 Satellite trackers. Tracker hardware is sold and warranted by its maker or seller, not by us, unless we say otherwise in writing. You must follow the rules of the satellite network, including any restrictions on export and use.

7. Your data and privacy

7.1 You own your content. The family's places, notes, names and settings belong to you. You give us a non-exclusive, worldwide, royalty-free licence to host, copy, process and send that content, and the devices' locations. We use this licence only to run, secure, support and improve the Service, and as our Privacy Policy describes.

7.2 Privacy Policy. We handle personal information as our Privacy Policy describes. We do not sell personal information, and we do not use anyone's location for advertising.

7.3 Your responsibility for others' information. You are responsible for having the right to give us any personal information about other people, including Angels, invited Guardians and the names you type.

7.4 Legal requests. We may keep or disclose information if we believe in good faith that the law, a court order or a valid legal process requires it, or to protect someone's life, safety or rights. Unless the law forbids it, we will try to tell the family owner first.

7.5 Feedback. If you send us ideas or suggestions, we may use them freely, without owing you anything.

7.6 Anonymous statistics. We may create and use statistics that do not identify any person or family, such as counts of reports or alerts, to run and improve the Service.

8. Our intellectual property and your licence

8.1 Ownership. LocStat and its licensors own the Service. That includes its software, designs, text, logos and the LocStat and LocStat Family names. These Terms do not transfer any of those rights to you.

8.2 Your licence. While you follow these Terms, we give you a personal, revocable, non-exclusive, non-transferable licence to install and use our apps on devices you own or control, only to use the Service for your family. Open-source parts of the apps are covered by their own licences, which override this one for those parts.

8.3 Apps from the App Store or Google Play.

• These Terms are between you and LocStat, not Apple or Google. LocStat, not Apple or Google, is solely responsible for the apps and their content.
• Apple and Google have no duty to provide maintenance or support for the apps. They are not responsible for any claims about them, including product-liability, consumer-protection, legal-compliance or intellectual-property claims.
• If an app fails to meet a warranty that the law implies, you may ask Apple to refund the purchase price. Apple has no other warranty obligation to you.
• You confirm that you are not in a country under a Canadian or US government embargo, and that you are not on any Canadian or US list of restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

8.4 Trademarks. You may not use our names or logos without our written permission.

9. Disclaimers

TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". LOCSTAT, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY. THAT INCLUDES MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

In particular, we do not promise that:

• the Service will be uninterrupted, timely, secure or error-free;
• any location, alert, SOS, message, arrival or travel time will be accurate, complete, current or delivered;
• the Service will prevent harm, injury, loss, abduction or any other event, or lead to anyone being found or helped.

You use the Service at your own risk. Some places don't allow certain warranties to be excluded. If you live in one of those places, the exclusions above apply only as far as your local law permits, and you keep the rights that law gives you.

10. Limitation of liability

10.1 Excluded losses. TO THE FULLEST EXTENT THE LAW ALLOWS, LOCSTAT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. NOR WILL THEY BE LIABLE FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR OPPORTUNITY. This applies to anything arising from:

• an alert, SOS, location or message that was late, inaccurate or not delivered;
• the actions or inaction of any Guardian, Angel, emergency service or other person;
• unauthorised access to your account that is caused by your own failure to keep it secure;
• third-party services, devices or networks.

10.2 Cap. TO THE FULLEST EXTENT THE LAW ALLOWS, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOUR FAMILY PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT LED TO THE CLAIM, AND (B) CAD $100.

10.3 How these limits apply. These limits apply whatever the legal theory, whether contract, tort (including negligence), strict liability or anything else. They apply even if we were told such damages were possible, and even if a remedy fails of its essential purpose. They reflect how we allocate risk and set our prices. Without them, we could not offer the Service at its current price.

10.4 What we don't limit. Nothing in these Terms limits liability for fraud, for gross negligence or wilful misconduct, for death or personal injury caused by our negligence where the law forbids limiting it, or for anything else the law does not allow us to limit.

11. Indemnity

To the extent the law allows, you will defend, indemnify and hold harmless LocStat and its directors, officers, employees, contractors and suppliers. That covers any claim, loss, liability, damages, fine, cost or expense, including reasonable legal fees, that arises from:

• your use of the Service, or the use of any device in your family;
• your breach of these Terms, especially sections 3 and 4;
• tracking anyone without valid consent, or any claim by an Angel, a Guardian, a co-parent or anyone else whose location or information you shared;
• your breach of any law or of anyone else's rights.

We may take over the defence of a claim at your expense, and you will cooperate with us. You may not settle a claim that affects us without our written consent.

12. Suspension and termination

12.1 By you. You can leave a family, remove a device, or delete your account or the whole family at any time in Settings. Deleting doesn't cancel a store subscription; cancel that in the App Store or Google Play.

12.2 By us. We may suspend or close an account, a device or a family, with or without notice, if:

• you break these Terms, or we reasonably suspect misuse, fraud or unlawful tracking;
• the law, a court or an authority requires it;
• it is needed to protect someone's safety, or the security of the Service;
• payment is overdue after the grace period in section 5.5 (locations are paused), or for longer than section 5.10 allows (the family is deleted).

We may also stop offering the Service for any reason by giving 30 days' notice. If we do, we will refund any prepaid period you haven't used, except for store purchases, which the store refunds.

12.3 What happens next. When an account or family is closed:

• your licence ends;
• we delete data as our Privacy Policy describes;
• you can download the family's data before the closure takes effect, unless the closure is for a breach of section 4 or the law prevents it.

12.4 What survives. Sections 2, 6.4, 7.4–7.6, 8.1, 9, 10, 11, 12.3, 13 and 14 continue after these Terms end.

13. Disputes and governing law

13.1 Talk to us first. Before starting any claim, email support@locstatsw.com with a description of the problem. Both of us will then try in good faith to resolve it within 30 days.

13.2 Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

13.3 Courts. Unless section 13.4 applies, the courts of Ontario sitting in [Barrie or Toronto] have exclusive jurisdiction, and you and we both accept it. Consumers keep any right their local law gives them to bring a claim where they live, or in small claims court.

13.4 Users in the United States: arbitration and class-action waiver. If you live in the United States, you and LocStat agree:

• Any dispute arising from these Terms or the Service will be settled by final, binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration takes place in your county of residence or online. This agreement to arbitrate is governed by the Federal Arbitration Act.
• Either side may instead bring an individual claim in small claims court.
• You and LocStat each give up the right to a jury trial and to take part in a class action, class arbitration or representative proceeding.
• You may opt out of this section 13.4 by emailing support@locstatsw.com within 30 days after you first accept these Terms.
• If the class-action waiver is found unenforceable for a claim, this section 13.4 does not apply to that claim, and that claim will be heard in court.

13.5 Time limit. To the extent the law allows, any claim must be brought within one year after it arises. After that, it is permanently barred.

13.6 Urgent relief. Either side may ask any competent court for an injunction to stop misuse of the Service or infringement of intellectual property.

14. Changes and general terms

14.1 Changes to these Terms. We may update these Terms. For a material change, we will give at least 30 days' notice by email or in the app, and we may ask you to accept the new version before you continue. Continuing to use the Service after the change takes effect means you accept it. If you don't accept, stop using the Service and cancel. Changes do not apply to disputes that started before the change.

14.2 Entire agreement. These Terms, together with the Privacy Policy and any order or plan terms we show you, are the whole agreement between you and us about the Service.

14.3 Severability. If any part of these Terms can't be enforced, the rest stays in effect. The unenforceable part will be limited only as much as necessary.

14.4 No waiver. If we don't enforce a term right away, that doesn't mean we have given up the right to enforce it later.

14.5 Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, an acquisition, a sale of assets, or to an affiliate. If we do, we will tell you.

14.6 Force majeure. We are not responsible for failures or delays caused by events beyond our reasonable control. These include natural disasters, power or network outages, failures of carriers or cloud providers, cyber attacks, pandemics, war, government action, and labour disputes.

14.7 Notices. We may send you notices by email, in the app, or on our website. You can send notices to us at the address below.

14.8 Language. These Terms are written in English. If we provide a translation and it conflicts with the English, the English version wins, except where the law requires otherwise. Les parties ont exigé que la présente convention soit rédigée en anglais, sous réserve de la loi applicable. (In English: the parties have required that this agreement be written in English, subject to applicable law.)

14.9 Contact.

• Support and legal notices: support@locstatsw.com
• Privacy: privacy@locstatsw.com
• Mail: Locstat Software Inc., Springwater, Ontario, Canada