TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY, BEFORE YOU MAY ACCESS OR USE ANY FUNCTION OR SERVICES OF MCP WEB SITES, APPLICATIONS OR MOBILE APPLICATIONS ON ANY OF YOUR DEVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF ANY PIECE OF MCP SERVICES WILL CONSTITUTE ACCEPTANCE OF THESE TERMS OF USE AND THAT YOU WILL BE BOUND BY THIS END-USER LICENSE AGREEMENT (EULA), THE TERMS OF USE, AND THE PRIVACY POLICY FROM THAT POINT FORWARDS. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, OR USE UNDER VIOLATION OF FEDERAL, STATE OR LOCAL LAWS YOU MAY NOT USE THE MCP SERVICES.

MyCityPolice OÜ and its services, as well as its affiliates, incl. its third-party monitoring companies, are collectively referred to as “MCP”, “Company”, “us” or “we”.

This documents provides the Terms of Use of MCP services and govern your access to and use of the services and any information, text, picture, graphic, video, audio, or any other information uploaded, downloaded, or appearing on the services. MCP may adjust these Terms of Use at any time by posting revised terms. In case you dissent to any term or condition of these Terms of Use, any guidelines or any ex post facto modifications thereto or get in any way dissatisfied with any part of the services or functions, your only regress is to immediately stop the use of MCP services. MCP services describe MCP applications, MCP mobile applications, MCP web sites or any other MCP services.

YOUR DATA

LICENSE

Subject to the terms and conditions of these Terms of Use, MCP grants you a non-exclusive, non-commercial,

non-transferable license to download, install and use the MCP application on any appropriate iOS or Android device which you own or control, solely by you. Any upgrade provided by MCP that replaces and/or amendments the initial MCP application are governed by the terms of this license. In case that such an upgrade is accompanied by a separate license, the terms of that license will govern.

LICENSE RESTRICTIONS

This license is for a use of the MCP application on a single mobile device owned or controlled by you. This license does not allow you to use the MCP application on any device that you do not own or control. You may not distribute or make the MCP services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense any MCP services, specifically not the MCP application.

Except as explicitly permitted by this license, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the MCP application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the MCP application). Any attempt to do so is a violation of the rights of MCP and its licensors. If you breach this restriction, you may be liable for damages and subject to prosecution.

REPORTING AND MESSAGING

The following terms and conditions shall apply for the use of the MCP reporting services [including all related services, components and features, and, if applicable, monitoring] and the related web site(s) (“Reporting”).

NO UNLAWFUL OR HARMFUL USE OF REPORTING

You are obliged to use the Reporting responsible. You will not use Reporting in any way that is unlawful or harms any person, customer, MCP or any affiliates, as determined in MCP’s sole discretion. MCP may inform you about certain specific harmful uses in notices provided from time to time through internal messages or push-messages, but has no obligation to do so. You may not use Reporting in any way that breaches any notice applicable to the Reporting services.

RESPONSIBILITY TRANSMITED AND RECEIVED CONTENT

You acknowledge that you are aware of, and will adhere to all applicable federal, state, local, national or international laws; that your device settings to transmit information, video, pictures, and/or audio do not violate such laws; the content sent to or from your mobile phone or device (“Content”), is the sole responsibility of the person, individual or the organization, from which such Content was transmitted and/or requested. This means that you, and not MCP, are entirely responsible for all Content that you transmit receive or via the MCP services. You understand that all information, videos, images, locations, movements, messages, texts, files or any other materials transmitted through, posted on, or linked from the MCP services, are the sole responsibility of the person from whom such Content originated. You understand that MCP retains all related information for a period of at least one year, unless otherwise compelled. You understand that MCP does not control or endorse, and is not responsible for Content made available through the internal messaging and/or Reporting services, and that by using the MCP services; you may be exposed to Content that is offensive, indecent, inaccurate, misleading, illegal or otherwise objectionable. Furthermore, the Content available through the MCP services may contain links to other websites, which are completely independent of MCP or MCP services. MCP makes no representation or warranty (express or implied) as to the accuracy, completeness or authenticity of the information contained on the MCP services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on the Content, and that under no circumstances will MCP be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the MCP services. You acknowledge that MCP does not pre-screen or approve Content, but that MCP shall have the right (but not the obligation) in its sole discretion to refuse, review, delete or move any Content that is available via the MCP services, for violating the letter or spirit of these Terms of Use or for any other reason. Under no circumstances will MCP its affiliates and/or third-party monitoring company(ies) be liable in any way for any Content, including, but not limited to, errors or omissions of any Content, violations of law through the use of the MCP services, loss or damage of any kind incurred as a result of the use of any Content made available to you via the Messaging Services.

You specifically agree not to use the MCP services and/or Reporting in particular:

(a) to send content to another person that may be viewed as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, infringing, or racially, ethnically or otherwise objectionable;

(b) to send content that is harmful to minors in any way;

(c) to impersonate any person or entity, including, but not limited to, a Company official, officer, employee, representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any identity used to transmit message through the Messaging Services to another;

(e) to send content to others that may be deemed as unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;

(f) to interfere with or disrupt the MCP services or servers or networks connected to the MCP services, or disobey any requirements, procedures, policies or regulations of networks connected to the MCP services;

(g) to intentionally or unintentionally violate any applicable federal, state, local, national or international law;

(h) to stalk or otherwise harass another;

(i) to harvest or otherwise collect or store personal data about other users; or

(j) to play pranks on, falsely report events, harass or otherwise mislead any recipient or third party emergency responder.

You agree that the MCP services allow for, upon activation, the notification via text messages and/or push message to and from cell phones and other devices that are listed in your profile, as well as emergency responders (to the extent applicable). You also agree that, from time to time, MCP may notify you through the internal messaging services and/or by push-notification, to provide you with information regarding or related to the MCP application or the MCP services. You understand that the technical processing and transmission of the MCP services, including your provided information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You also understand that some or all of the transmissions may not be encrypted or protected.

RESPONSIBILITIES OF DEALINGS WITH RECIPIENTS

Communication through the Reporting and/MCP services are solely between you and the addressed recipient(s). You agree that MCP, its affiliates and/or third-party monitoring company(ies) are not insurers and shall not be responsible or liable for any loss, personal harm, or damage of any sort incurred as the result of any such communications, the delivery or failure thereof, or any response or lack thereof by the recipients or emergency responders. MCP services and/or Reporting may provide, or third parties may provide, links to certain service providers, such as emergency responders, campus security, etc., when your mobile device appears within their geographic zone. Because MCP does not have control over all service providers necessary to the MCP services and the connectivity between your mobile device and/or MCP servers and the service providers, you acknowledge and agree that MCP is not responsible for the availability of and communications to all such service providers, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials available from all such service providers. You further acknowledge and agree that MCP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available from or through any such service providers outside of the control of MCP.

RESPONSIBILITY OF REPORT AND MESSAGE AMOUNTS

You understand and agree that controlling the amount of messages transmitted through the MCP service is your own responsibility. MCP may, at its sole discretion, provide a mechanism for opting out of, especially the Reporting and internal messaging service, such as by removing messages or specific information, such as phone numbers in the profile page of the App (which will prevent you and others from receiving any text messages in case of activation of the App).

SPAM

SPAM is prohibited and causes damage. Without limiting the generality of use of the MCP services, you will not use any of MCP services to transmit, either directly or indirectly, any bulk messages or unsolicited commercial mobile messages. A breach of any part of the Federal Anti-Spam Laws is a breach of the Terms of Use and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) Such violations may subject the sender and his or her agents to civil and criminal penalties.

USE OF MCP SERVICES BY YOUR CHILDREN, RESPONSIBILITY TO SUPERVISE

Children under the age of eighteen (18) years old are only permitted to use the MCP services with permission from their parents or guardians. You warrant that, if you are under the age of eighteen (18) years old, you have got granted the permission of your parents or guardians to use the MCP application and MCP services.

SECURITY

You agree to comply with any rules of operation and security procedures for the MCP application and/or MCP services established by us from time to time. You agree that you will not attempt to gain or allow access to any data, files or programs to which you are not entitled under these Terms of Use, and that if such access is obtained you will immediately inform us and return such materials to us. You agree to notify us immediately upon any suspension or termination of an authorized user ability to use the MCP services.

NETWORK OPERATORS AND MOBILE NETWORK

You understand and acknowledge that your use of the MCP services, such as from your mobile device, is subject to any agreements with your network service provider and any fees they may charge, including but not limited to the fees for access or Content delivery.

You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control and influence of MCP and, if applicable, its third-party monitoring company(ies), and that MCP and, if applicable, its third-party monitoring company(ies), may not be able to assist in resolution network operator related problems, such e.g. access to a network and delivery of reports and/or messages. You agree that MCP and, if applicable, its third-party monitoring company(ies), are not responsible, and thus cannot guarantee, for your use of the service outside of the servers of MCP and, if applicable, its third-party monitoring company(ies), and is not responsible or liable for problems arising in the network outside of its/their respective servers. MCP’s sole responsibility is to use commercially reasonable efforts to maintain the servers and the software, if any, for providing Reporting and, if applicable to your License, to use commercially reasonable efforts to provide commercially reasonable monitoring as part of your MCP services.

You agree and accept that your use of the MCP services, especially Reporting, may be limited by your network operator or by the capabilities or capacities of your terminal or mobile device and the required mobile coverage. You are responsible for checking to see if your mobile plan includes mobile internet and text messaging.

You acknowledge that certain network operators do not support or offer certain network services, such as delivery of messaging and mobile internet access, to users of their prepaid services. You understand and agree that the Reporting and/or the MCP services may not, in whole or in part, be available to you if your network operator does not support required mobile network services necessary for the Reporting and/or MCP services.

COURT TESTIMONY

In the event that either MCP or, if applicable, its third-party monitoring company(ies) are required to testify in court or in a related deposition in connection with an incident you submit(ted) through the MCP services, MCP and, if applicable, its third-party monitoring company(ies) reserve the right to charge you their then current fees in connection with such services.

INTELLECTUAL PROPERTY RIGHTS

All data, information, text, software (including source and object codes), visual, oral or other digital material, photographs, videos, audios, graphics and all other content of any description included in the MCP services, including any Communications, (collectively, the “Content”), and all copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Services and the Content (collectively, the “Intellectual Property”) are owned by MCP, and are protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States of America (“U.S.”) and the European Union ("EU"). The Services and the Content are also protected as a collective work or compilation under U.S. and EU copyright and other laws and treaties. No Content or Intellectual Property may be copied, modified, published, broadcast, or otherwise distributed without our prior written permission You may only use the Content, the Services, or the Intellectual Property as explicitly permitted by these Terms of Use and for no other purposes. Any reproduction permitted under this Terms of Use must contain the following notice: "Copyright 2016 MyCityPolice (MCP). All rights reserved.”

Except as explicitly provided in these Terms of Use, nothing contained herein shall be construed as conferring upon you any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, laws or treaties. Furthermore, you may not use any of MCP trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to, or are associated with, you or are used with our consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. All present and future rights in, and title to, the Services (including database rights and the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to us for our exclusive use.

You agree that you will not do any of the following when using the Services and Content:

(a) copy, translate, modify, or make derivative works of the Content or any part thereof;

(b) send or otherwise post unauthorized commercial communications (such as spam);

(c) collect or harvest any information regarding other users, including email addresses;

(d) upload viruses or other malicious code;

(e) transmit any materials that are unlawful, immoral, libelous, abusive, harassing, hateful, tortuous, defamatory, threatening, harmful, invasive of another’s privacy, vulgar, obscene, pornographic, racially or ethnically offensive, encourages conduct that would be considered a criminal offense, or are otherwise objectionable or which are harmful to minors in any way;

(f) interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the MCP services;

(g) collect users, content or information, or otherwise access the Services or Content, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;

(h) submit any information that contains any falsehoods or misrepresentations that could damage MCP, its affiliates and/or third-party monitoring company(ies) or any other third party or that impersonates any person or entity; or

(i) facilitate or encourage any violations of these Terms of Service.

DISCLAIMER OF WARRANTIES

You explicitly acknowledge and agree that use of the MCP application and MCP services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the MCP application and any MCP services provided or performed by the MCP applications and/or MCP services and/or MCP are provided “as is” and “as available”, with all faults and without any warranty of any kind. MCP hereby disclaims all warranties and conditions with respect to the MCP application and any MCP services, whether express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third party rights. You understand and agree that there is no guarantee that the MCP application and/or MCP services will function as intended, that all the functionally or any functionality will be operational at all times, MCP disclaims any liability for system downtime, operational errors, loss of data, delivery errors, transmission losses, or lack of service. MCP accepts no liability of any kind for the consequences of using the MCP application and/or MCP services, the failure of the delivery of data to any other recipient or contact you have entered in addition in your profile or account, or the failure of the MCP application and/or MCP services to produce any intended benefits.

MCP does not warrant against interference with your enjoyment of the MCP application and/or MCP services, that the functions contained in the MCP application and/or MCP services will meet your requirements, that the operation of the MCP application and/or MCP services will be uninterrupted or error-free, or that defects in the MCP application and/or other MCP services will be corrected. No oral or written information or advice given by MCP or its authorized representatives shall create a warranty. If the MCP application and/or MCP services prove defective, you assume the entire cost of all necessary servicing, repair, or correction.

LIMITATIONS OF LIABILITY

To the fullest extent permitted by law, in no event shall MCP, its affiliates and/or it's third-party monitoring company(ies), service providers or licensors be liable for personal injury, death, or any direct, indirect, incidential, special, consequential or exemplary damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the MCP application and/or MCP services, the company's servers, any aspect of the MCP application and/or MCP service software or the Reporting, or the interruption, suspension, modification, alteration, or termination of the Company's Reporting service, in each case, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even of MCP has been advised of the possibilities of such damages, these limitations shall apply to the fullest extent permitted by law.

You acknowledge and agree that you are solely responsible for all content stored on or retrieved from your mobile device and that it is your sole responsibility to keep the information and data in the MCP application and/or MCP services up to date, accurate, and complete. MCP will not be held liable for your failure to make changes in contact information or in information about yourself. You hereby waive any and all claims or causes of action, arising from or relating to the MCP application and/or MCP services and its use.

TERMINATION AND CONTINUING OBGLIGATION

The license granted to you will continue until terminated as provided in the following: Without prejudice to any other rights MCP, your license rights will terminate automatically if you violate any provision herein, or if MCP sends a written (including email, text message or push message) notice of termination to you. You may terminate or cancel the license by discontinuing use of the MCP application and/or services. In the event of termination, for any reason, you shall cease all use of the MCP application and/or MCP services, uninstall the MCP application from each (mobile) device in which you have installed it, and destroy all copies, full or partial, of the MCP application. MCP reserves the right to terminate the license to a specific version of the MCP application and/or MCP services upon issuance of a new version. Except for the license granted and as otherwise explicitly provided herein, all sections of these Terms of Use that by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.

MCP is not obligated by these Terms of Use to continue making the MCP application and/or MCP services available for any period of time whatsoever.

EQUIPMENT

The (mobile) device and (wireless) connections that you will need to use the MCP application and/or MCP services are not part of any MCP service and must provide at your own expense. MCP does not guarantee that the MCP application and/or MCP services can be accessed through or will be compatible with all (mobile) devices or (wireless) service plans. MCP does not guarantee that the MCP application and/or MCP service is available in all geographic locations. You acknowledge that when you use the MCP application and/or MCP services, your wireless carrier may charge you standard fees for data, messaging, and other wireless access. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the MCP application and/or MCP services through your (mobile) device.

LEGAL COMPLIANCE; EXPORT CONTROL; GOVERNMENT USERS

By accepting these Terms of Use, you represent and warrant that:

(a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the MCP services and its use.

The MCP application and MCP services and any related documentation may be deemed “Commercial Items,” as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227-7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to these Terms of Use. Unpublished rights are reserved under the copyright laws of the United States.

MCP is responsible for addressing any questions or comments relating to the MCP application, MCP services and/or your possession or use of the MCP application and/or MCP services. If you have any comments or questions, please contact MCP at:

MyCityPolice OÜ, Lootuse pst. 65, 11616 Tallinn, Estonia.

If you have any questions about your mobile device or your cellular or data service, please contact the applicable third party.

SEVERABILITLY CLAUSE; FULLY AGREEMENT

This agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, except that these Terms of Use shall coexist with, and shall not supersede, the Privacy Policy, and the Apple and Android Terms of Service. To the extent that the provisions of this agreement conflict with the provisions of the Terms of Service, the conflicting provisions in this agreement shall govern. These Terms of Use and the relationship between you and the Company shall be governed by the laws of the State of Estonia. In case that this should be overruled, it should be governed by the laws of the State of California without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located in Tallinn, Estonia, or respectively, within the State of California. The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MCP application and/or MCP services, the Reporting or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.