Terms and Conditions

Introduction

Welcome to Dwell Secure, the ultimate disaster preparedness and property management app developed by Chasing Bacon LLC. Our mission is to empower homeowners, tenants, and property managers with the tools to effectively manage and respond to emergencies. By leveraging the app’s innovative features, users can document and locate critical utility shutoffs, manage appliance maintenance schedules, and share vital information with household members and service technicians. With Dwell Secure, you can take proactive steps to protect your property and ensure the safety of those within it.

Dwell Secure offers a user-friendly platform to store and access crucial information about your property’s utilities and maintenance needs. Developed by a firefighter to address a critical need in emergency preparedness, the app is designed to be intuitive and efficient. Users can easily mark the locations of water and gas meters, create reminders for regular maintenance tasks, and keep service professionals’ contact details at their fingertips. Whether you are at home or away, Dwell Secure ensures that you and your loved ones are prepared to handle any situation with confidence.

While our app provides a comprehensive solution for managing property emergencies and maintenance, it is essential to note that Dwell Secure is a tool to assist users and not a substitute for professional advice or services. The responsibility for the actual execution of emergency procedures and property management tasks lies with the user.

By using Dwell Secure, you acknowledge and accept these Terms and Conditions, designed to protect both the user and Chasing Bacon LLC. We encourage you to review these terms carefully and contact us at info@dwellsecure.com with any questions or concerns.

Definitions

• “App”: Refers to Dwell Secure, the disaster preparedness and property management application developed by Chasing Bacon LLC.
• “Company”: Refers to Chasing Bacon LLC, the legal entity that owns and operates Dwell Secure.
• “User”: Refers to any individual who downloads, installs, or uses the Dwell Secure app.
• “Content”Refers to all data, information, text, graphics, photos, and other materials uploaded, downloaded, or appearing within the app.
• “Account”Refers to the user account created by an individual to access and use the features of the Dwell Secure app.
• “Services”: Refers to all features, functionalities, tools, and services provided by the app.
• “Terms”: Refers to these Terms and Conditions governing the use of the Dwell Secure app.
• “Privacy Policy”: Refers to the document outlining how the Company collects, uses, and protects users’ personal information.
• “Third-Party Services”: Refers to any services, content, or products provided by parties other than the Company that may be accessed through the app.
• “Emergency”: Refers to any situation requiring immediate action, such as natural disasters, gas leaks, or water shutoffs, that the app is designed to help manage.
• “Utility Shutoffs”refers to the points where utilities such as water and gas can be turned off on a property.
• “Maintenance Schedule”Refers to the routine or periodic tasks and activities required to keep a property and its systems in good working condition.
• “Service Technicians”: Refers to professional individuals or companies responsible for performing maintenance or emergency repairs on a property.
• “Beta Features”: Refers to new or experimental features of the app that are still in testing and may not be fully functional.
• “Subscription Services”: Refers to any paid services offered by the app that users can subscribe to, typically regularly.
• “API”Refers to the Application Programming Interface that allows other software applications to interact with the app.
• “Mobile Properties”: Refers to properties such as boats or RVs that are not stationary and can be moved from one location to another.
• “Analytics Data”Refers to data collected from users’ interactions with the app to improve app performance and user experience.
• “Feedback”Refers to any suggestions, comments, or other input users provide regarding the app.
• “Legal Disclaimer”: Refers to the section of the Terms and Conditions that limits the Company’s liability regarding the use of the app.

Changes to Terms 

The Company reserves the right to modify these terms at any time. Any changes will be effective immediately upon posting the updated terms on the app. Continued use of the app constitutes acceptance of the revised terms.

Software Updates 

The Company may provide updates to the app to enhance its functionality or security. Users are encouraged to download and install updates promptly. Failure to do so may result in reduced app functionality or security risks.

Third-Party Software 

The app may incorporate or interact with third-party software and services. The Company is not responsible for any third-party software or services, and users agree to comply with the terms of use of any third-party software or services.

Export Control 

Users agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”), as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

Children’s Privacy 

The app is not intended for use by children under 13. The Company does not knowingly collect personal information from children under 13. If the Company becomes aware that it has inadvertently received personal information from a child under 13, it will delete such information from its records.

Geographical Restrictions 

The app is intended for use in the United States. Users who access the app from other locations do so on their initiative and are responsible for compliance with local laws.

Beta Features 

The app may include beta features that are not thoroughly tested and are provided “as is.” The Company is not liable for any issues arising from using beta features.

User-Submitted Data 

Users may submit data for use within the app. The Company is not responsible for user-submitted data’s accuracy, quality, or legality and reserves the right to remove any data that violates these terms.

Support and Maintenance 

The Company will make reasonable efforts to provide support and maintenance for the app. However, the Company is not obligated to provide any specific level of support or maintenance.

API Usage 

If the app provides an API (Application Programming Interface), users must comply with API usage guidelines and restrictions. Unauthorized use of the API is strictly prohibited.

App Analytics 

The app may collect and use analytics data to improve app performance and user experience. By using the app, you consent to collecting and using analytics data as described in the Privacy Policy.

Feedback and Suggestions 

Users may provide feedback and suggestions to improve the app. The Company may use such feedback and suggestions without obligation to the user. Users acknowledge that they are not entitled to any compensation or reimbursement for such feedback or suggestions.

App Usage

1. Users must be at least 18 years of age to download, install, and use the Dwell Secure app. Individuals under 18 years old may only use the app with the involvement and supervision of a parent or legal guardian. By using the app, you represent and warrant that you meet these age requirements.
2. Users are responsible for ensuring that their app complies with all applicable laws and regulations. You agree to use the app only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the app. Prohibited behavior includes, but is not limited to, harassing or causing distress or inconvenience to any other person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the app.

3. Users must provide accurate and complete information when creating an account and using the app. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities under your account. If you suspect any unauthorized use of your account, you must notify the Company immediately at info@dwellsecure.com. The Company reserves the right to terminate or suspend your account and access to the app if it suspects any breach of these Terms and Conditions or any unauthorized, fraudulent, or illegal activity.

User Responsibilities

As a user of the Dwell Secure app, you agree to utilize the app responsibly and lawfully and adhere to these Terms and Conditions. Your responsibilities include, but are not limited to, the following:

1. Content Accuracy and Legality: You are solely responsible for any content you upload, store, or share through the app. This includes ensuring that all information is accurate, complete, and up-to-date. You warrant that you have all necessary rights and permissions to upload such content and that it does not violate any laws or infringe upon the rights of any third parties. Content should not contain any harmful, inappropriate, or offensive material.
2. Account Security: You are responsible for maintaining the confidentiality of your account information, including your username and password. It would help if you took all necessary precautions to protect your account from unauthorized access. This includes using strong passwords, changing passwords regularly, and not sharing your login details with others. If you suspect any unauthorized use of your account, you must notify the Company immediately at info@dwellsecure.com.
3. Accountability for Activities: You are liable for all activities under your account, whether authorized by you or not. This means you must monitor your account for suspicious activity and immediately act if unauthorized use is detected. The Company will not be liable for any loss or damage arising from your failure to protect your account information or from any unauthorized activities conducted through your account.
4. Compliance with Laws and Regulations: You agree to use the app only for lawful purposes and in compliance with all applicable laws and regulations. This includes but is not limited to not engaging in activities that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.
5. Prohibited Conduct: You agree not to use the app to engage in harmful conduct, harassing, defamatory, vulgar, obscene, fraudulent, and invasive of another’s privacy, or racially, ethnically, or otherwise objectionable. You also agree not to disrupt the normal flow of dialogue within the app, interfere with or disrupt the app or servers or networks connected to the app, or disobey any requirements, procedures, policies, or regulations of networks connected to the app.
6. Accurate and Complete Information: You are responsible for providing accurate and complete information when using the app. This includes details about the locations of utility shutoffs, maintenance schedules, and service technicians’ contact information. The effectiveness of the app in assisting with disaster preparedness and property management relies heavily on the accuracy and completeness of the information you provide. Failure to provide accurate information can result in ineffective emergency response and property maintenance, for which the Company will not be liable.
7. Updates and Modifications: You are responsible for keeping all information within the app current. This includes promptly updating any changes in utility shutoff locations, maintenance schedules, and contact details. Regularly reviewing and updating your information ensures that the app can provide the most effective assistance in an emergency.
8. Notifications and Alerts: You must ensure that your device settings allow you to receive notifications and alerts from the app. These notifications are crucial for reminding you of scheduled maintenance and emergency alerts. The Company is not responsible for any missed notifications due to user settings or technical issues on the user’s device.

By adhering to these responsibilities, you contribute to the effectiveness and reliability of the app, helping to ensure that it serves as a valuable tool for disaster preparedness and property management. Failure to comply with these responsibilities may result in the suspension or termination of your account and access to the app and potential legal consequences.

Prohibited Activities

The “Prohibited Activities” section outlines behaviors and actions that are strictly prohibited while using the app. Users are expected to adhere to these guidelines to maintain a safe, respectful, and productive environment within the app. Here’s a detailed list of prohibited activities:

• Harassment, bullying, or intimidation of any individual or group.
• Discrimination based on race, ethnicity, nationality, religion, gender, sexual orientation, or disability.
• Posting or sharing offensive, obscene, or pornographic content.
• Engaging in illegal activities, including but not limited to the distribution of illicit drugs or the promotion of illegal activities.
• Spamming, phishing, or spreading false or misleading information.
• Attempting to gain unauthorized access to the app or its systems.
• Disrupting the regular operation of the app or its services.
• Violating the privacy rights of others, including sharing personal information without consent.
• Impersonating others or entities or falsely claiming affiliation with any person or entity.
• Abusing or harassing other users through the app’s messaging or communication features.
• Violating the app’s terms of service or community guidelines.
• Circulating rumors, gossip, or unverified information.
• Engaging in any form of hate speech, including racism, sexism, or homophobia.
• Posting or sharing copyrighted materials without permission.
• Sharing explicit or sexually explicit content.
• Bullying, harassing, or intimidating behavior towards minors.
• Manipulating app features or functions to gain an unfair advantage.
• Engaging in any form of fraud or deception.
• Violating the rights of others, including intellectual property rights.
• Using the app to facilitate illegal or unethical activities.
• Attempting to circumvent or bypass app security measures.
• Engaging in activities that could compromise app stability or security.
• Accessing or sharing confidential or sensitive information without authorization.
• Violating community standards or norms.
• Engaging in any activity that violates applicable laws or regulations.
• Intentionally spreading malware or viruses.
• Posting or sharing content that incites violence or promotes self-harm.
• Threatening or intimidating behavior towards other users.
• Sharing or distributing malicious links or software.
• Engaging in any activity that could harm the reputation of the app or its users.
• Encouraging others to engage in prohibited activities.
• Using the app for commercial or promotional purposes without authorization.
• Violating any other terms or conditions specified by the Company.

Users found to be engaging in prohibited activities may be subject to account suspension or termination, and the Company reserves the right to take appropriate action, including reporting illegal activities to law enforcement authorities. By using the Dwell Secure app, users agree to abide by these guidelines and contribute to a positive and respectful community environment.

No Liability

Dwell Secure is designed to assist users in managing property information and preparing for emergencies by providing a platform to document and locate utility shutoffs, schedule maintenance, and share critical information. However, the Company expressly disclaims any liability related to utility management, losses, or damages resulting from the use of the app. Users are solely responsible for the accuracy, completeness, and use of the data stored in the app.

1. User Responsibility for Utility Management: Users are responsible for locating, identifying, and managing their property’s utility shutoffs, including water and gas meters. The app is intended to serve as a guide and reminder, but the user is ultimately responsible for performing these tasks. The Company does not guarantee that the information provided by the app will be sufficient or timely for managing utilities in an emergency.
2. No Warranty of Functionality: The Company does not warrant that the app will function without error or interruption. Users acknowledge that the app is provided as a tool to assist with utility management but does not replace the need for professional assessment and management of utilities. The Company is not liable for any damages or damages resulting from the inability of users to access or use the app during an emergency.
3. Limitations of App Features: While the app provides features to help users document and manage utility information, it does not guarantee that users can locate and shut off utilities effectively in all situations. Users must independently verify the locations and functionality of utility shutoffs and ensure they can be accessed and operated when needed.
4. Indemnification for Utility Failures: Users agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising out of or related to the failure to manage utilities effectively. This includes but is not limited to, failures to locate or shut off utilities in the event of a gas leak, water leak, or other emergencies.
5. No Emergency Guarantee: The Company does not guarantee that the app will prevent or mitigate any emergencies, nor does it guarantee that users will be able to manage their utilities effectively using the app. The app is intended to be one part of a comprehensive emergency preparedness and property management strategy. Users should have additional plans and measures in place to manage emergencies.
6. Professional Advice and Services: The app is not a substitute for professional advice or services. Users are encouraged to seek the assistance of qualified professionals to manage and maintain their property’s utilities. The Company is not liable for any actions taken based on the information provided by the app.

By using Dwell Secure, users acknowledge and accept these limitations and responsibilities. The Company’s liability is limited to the maximum extent permitted by law, and users agree to use the app at their own risk. The app is a tool to assist with utility management, but it cannot guarantee the safety, effectiveness, or success of emergency preparedness and property management efforts.

Emergency Situations

Dwell Secure serves as a tool for disaster preparedness and property management; however, it does not guarantee prevention or mitigation of emergencies. Users should prioritize personal safety and understand that the app is not a substitute for professional emergency services. The company does not guarantee the app’s accessibility or effectiveness during emergencies, and users should maintain alternative emergency plans. The accuracy and timeliness of information within the app, such as utility shutoff locations, are the user’s responsibility. In the event of an emergency, users should contact appropriate emergency services immediately. The Company bears no liability for damages resulting from reliance on the app during such situations.

Accuracy of Information

Users are responsible for ensuring the accuracy and completeness of the information provided within the app. While the app serves as a platform for storing and accessing crucial property-related data, including utility shutoff locations, appliance maintenance schedules, and emergency contact details, the Company does not guarantee the accuracy of this information.

1. User Input: Users must input and maintain accurate information within the app. This includes updating information as necessary to reflect any changes in utility shutoff locations, maintenance schedules, or service technicians’ contact details. The app’s effectiveness in emergencies relies heavily on the accuracy of the information provided by users.
2. Independent Verification: While the app provides tools to assist users in managing property-related information, users should independently verify the accuracy of this information. The Company does not warrant that the information supplied by users or accessed through the app is accurate, complete, or up-to-date.
3. No Guarantee of Information Quality: The Company does not guarantee the quality or reliability of the information stored within the app. Users should exercise caution and diligence when relying on information obtained through the app, especially in critical situations such as emergencies or property maintenance.
4. Limitation of Liability: The Company is not liable for any damages or losses arising from using inaccurate or incomplete information within the app. Users agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses resulting from reliance on inaccurate information within the app.
5. Professional Advice Recommended: Users are encouraged to seek the advice of qualified professionals, such as property managers, utility service providers, or emergency responders, to verify and validate property-related information. The app is not a substitute for professional advice and services, and users should exercise caution and discretion when making decisions based on information obtained through the app.

Third-Party Services

The app may integrate or interact with third-party services, platforms, or content that are not owned or controlled by the Company. Users acknowledge and agree that the Company is not responsible for the availability, accuracy, legality, or any other aspect of such third-party services.

1. Third-Party Integration: The app may include features or functionalities that allow users to access or interact with third-party services, such as mapping services, weather forecasts, or service provider directories. These third-party services are subject to their terms of use and privacy policies, and users are solely responsible for complying with such terms and policies.
2. Disclaimer of Endorsement: Including third-party services within the app does not constitute an endorsement, approval, or recommendation by the Company. The Company does not endorse or assume any responsibility for the content, products, services, or practices of third-party services.
3. Use at Your Own Risk: Users acknowledge and agree that using third-party services is at their own risk and discretion. The Company disclaims any liability arising from or related to the use of third-party services, including but not limited to any damages or losses incurred as a result of reliance on the content, accuracy, or availability of such services.
4. Modification or Termination of Third-Party Services: The Company reserves the right to modify, suspend, or terminate access to any third-party services integrated within the app at any time without prior notice or liability. Users understand that the availability of third-party services may be subject to change and agree to release the Company from any claims or damages arising from such changes.
5. User Data and Third-Party Services: Users acknowledge that third-party services may involve data transmission to third-party servers or systems. Users are solely responsible for any data shared or transmitted to third-party services and should review the privacy policies of such services before providing any personal or sensitive information.

By using Dwell Secure, users agree to these terms and acknowledge that the Company bears no responsibility or liability for any interactions or transactions with third-party services accessed through the app. Users should exercise caution and discretion when using third-party services and review their respective terms of use and privacy policies.

Intellectual Property

Intellectual Property refers to creative works, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. The Dwell Secure app, including all its components, features, designs, logos, trademarks, and content, is protected by intellectual property laws, including copyright, trademark, and patent laws. The Company retains all rights, title, and interest in and to the app and its intellectual property.

1. OWNERSHIP: ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE APP, INCLUDING BUT NOT LIMITED TO COPYRIGHTS, TRADEMARKS, TRADE SECRETS, AND PATENTS, ARE OWNED SOLELY BY THE COMPANY. USERS ACKNOWLEDGE THAT THEY DO NOT ACQUIRE ANY OWNERSHIP RIGHTS IN THE APP OR ITS INTELLECTUAL PROPERTY BY USING THE APP.
2. LICENSE: SUBJECT TO THESE TERMS AND CONDITIONS, THE COMPANY GRANTS USERS A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE THE APP SOLELY FOR PERSONAL AND NON-COMMERCIAL PURPOSES. THIS LICENSE DOES NOT CONFER ANY RIGHTS TO MODIFY, ADAPT, OR CREATE DERIVATIVE WORKS BASED ON THE APP OR ITS INTELLECTUAL PROPERTY.
3. RESTRICTIONS: USERS AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, RESALE, OR EXPLOIT ANY PORTION OF THE APP OR ITS INTELLECTUAL PROPERTY FOR ANY PURPOSE WITHOUT THE EXPRESS WRITTEN CONSENT OF THE COMPANY. USERS AGREE NOT TO MODIFY, ADAPT, TRANSLATE, OR CREATE DERIVATIVE WORKS BASED ON THE APP OR ITS INTELLECTUAL PROPERTY.
4. INFRINGEMENT: USERS ACKNOWLEDGE AND AGREE THAT ANY UNAUTHORIZED USE OF THE APP OR ITS INTELLECTUAL PROPERTY MAY CONSTITUTE INFRINGEMENT OF THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS AND MAY RESULT IN CIVIL AND CRIMINAL LIABILITY. THE COMPANY RESERVES THE RIGHT TO PURSUE ALL AVAILABLE REMEDIES AGAINST ANY INFRINGEMENT.
5. USER CONTENT: USERS RETAIN OWNERSHIP OF ANY CONTENT THEY UPLOAD, STORE, OR SHARE THROUGH THE APP. HOWEVER, BY SUBMITTING CONTENT TO THE APP, USERS GRANT THE COMPANY A PERPETUAL, IRREVOCABLE, ROYALTY-FREE, AND FULLY PAID-UP LICENSE TO USE, MODIFY, ADAPT, TRANSLATE, REPRODUCE, DISTRIBUTE, AND DISPLAY SUCH CONTENT TO PROVIDE AND IMPROVE THE APP.
6. INFRINGEMENT CLAIMS: THE COMPANY RESPECTS THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND EXPECTS USERS TO DO THE SAME. IF USERS BELIEVE THAT THEIR INTELLECTUAL PROPERTY RIGHTS HAVE BEEN INFRINGED UPON BY THE APP OR ITS USERS, THEY SHOULD CONTACT THE COMPANY AT info@dwellsecure.com WITH A DETAILED DESCRIPTION OF THE ALLEGED INFRINGEMENT.
7. NOTICE OF COPYRIGHT INFRINGEMENT: IF USERS BELIEVE THAT THEIR COPYRIGHTED WORK HAS BEEN USED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, THEY MAY NOTIFY THE COMPANY’S DESIGNATED COPYRIGHT AGENT IN WRITING BY THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA). THE CONTACT INFORMATION FOR THE COMPANY’S DESIGNATED COPYRIGHT AGENT IS info@dwellsecure.com.
8. TERMINATION: THE COMPANY RESERVES THE RIGHT TO TERMINATE OR SUSPEND ANY USER’S ACCESS TO THE APP AT ANY TIME, WITHOUT NOTICE OR LIABILITY, FOR ANY REASON, INCLUDING IF THE COMPANY BELIEVES THAT THE USER HAS VIOLATED THESE TERMS AND CONDITIONS OR INFRINGED UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS.
9. GOVERNING LAW: THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF [STATE]. ANY DISPUTE ARISING UNDER OR RELATED TO THESE TERMS AND CONDITIONS SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED WITHIN THE COUNTY OF SANTA CLARA, CALIFORNIA.

By using the Dwell Secure app, users acknowledge and agree to abide by these terms and conditions regarding intellectual property. Failure to comply with these terms may result in the termination of user access to the app and legal consequences for infringement of intellectual property rights.

User-Generated Content

User-generated content (UGC) refers to any content, including but not limited to text, images, videos, and other materials, that users create, upload, post, or share through the Dwell Secure app. While users retain ownership of their UGC, they grant the Company certain rights and licenses to use, modify, adapt, reproduce, distribute, and display such content within the app.

1. Ownership of User-Generated Content: Users retain ownership of any UGC they create and share through the app. By uploading or sharing UGC, users represent and warrant that they have all necessary rights, permissions, and consents to do so and that their UGC does not infringe upon the rights of any third party.
2. License Granted to the Company: By uploading or sharing UGC through the app, users grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, modify, adapt, reproduce, distribute, and display such content to operate, maintain, and to improve the app.
3. User Responsibilities for UGC: Users are solely responsible for the content they upload, share, or post through the app. This includes ensuring that their UGC complies with these Terms and Conditions, as well as any applicable laws, regulations, or third-party rights. The Company reserves the right to remove any UGC that violates these terms or is otherwise inappropriate, offensive, or objectionable.
4. User Consent for Use of UGC: By uploading or sharing UGC through the app, users consent to the use of their content by other users and the Company in accordance with these terms and conditions. Users understand that their UGC may be viewed, shared, and commented on by other app users.
5. Indemnification for UGC: Users agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising out of or related to their UGC. This includes but is not limited to, claims of infringement, defamation, or violation of privacy rights.
6. No Endorsement of UGC: The inclusion of UGC within the app does not constitute an endorsement or approval by the Company. The Company does not endorse or assume any responsibility for the accuracy, completeness, or legality of UGC, and users should exercise caution and discretion when relying on such content.
7. Removal of UGC: The Company reserves the right to remove or restrict access to any UGC that violates these terms and conditions or is otherwise inappropriate, offensive, or objectionable. Users understand that the Company has the sole discretion to determine what constitutes inappropriate content.
8. Retention of UGC: Users acknowledge and agree that the Company may retain copies of their UGC, even after it has been removed from the app, for backup, archival, or legal purposes. However, the Company has no obligation to retain or provide access to any UGC once it has been removed from the app.

By uploading or sharing UGC through the Dwell Secure app, users acknowledge and agree to abide by these terms and conditions regarding user-generated content. Failure to comply with these terms may result in the removal of UGC and suspension or termination of user access to the app.

Prohibited Conduct   

Users may not use the app for unlawful purposes or in any way that could harm it or impair its functionality.

Termination of Use 

The Company reserves the right to terminate or suspend a user’s access to the app at its sole discretion, without notice, for conduct the Company believes violates these terms.

Disclaimer

The information provided by Dwell Secure (“we,” “us,” or “our”) on our app and website (collectively, the “Platform”) is for general informational purposes only. All information on the Platform is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Platform.

Disclaimer of Warranties

The “Disclaimer of Warranties” section outlines the limitations of liability and warranties associated with using the Dwell Secure app. It informs users that while the Company endeavors to provide a reliable and functional app, there are inherent risks and limitations that users should be aware of.

1. No Warranty of Accuracy or Completeness: The Company does not warrant or guarantee the accuracy, completeness, or reliability of the information provided by the app. While efforts are made to ensure the information is up-to-date and accurate, users acknowledge that the app may contain errors or inaccuracies.
2. No Warranty of Functionality: The Company does not warrant that the app will be error-free, uninterrupted, or free from defects. Users understand that the app is provided on an “as is” and “as available” basis, and the Company makes no representations or warranties regarding its functionality or performance.
3. No Warranty of Availability: The Company does not warrant that the app will be available at all times or that access to the app will be uninterrupted. Users acknowledge that the app may be temporarily unavailable due to maintenance, upgrades, or technical issues beyond the Company’s control.
4. No Warranty of Security: The Company does not warrant that the app will be secure or free from vulnerabilities, viruses, or other harmful components. Users understand that they use the app at their own risk and should take appropriate measures to protect their devices and data.
5. No Endorsement of Third-Party Content: The Company does not endorse or assume any responsibility for the content, products, services, or practices of third-party services or content accessed through the app. Users acknowledge that they use third-party services at their own risk and should review such services’ terms of use and privacy policies.
6. No Guarantee of Results: The Company does not guarantee any specific results from using the app. Users understand that the app’s effectiveness may vary depending on various factors, including individual circumstances and external factors beyond the Company’s control.
7. Limitation of Liability: Users acknowledge and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of the app, even if the Company has been advised of the possibility of such damages. This includes damages for loss of profits, goodwill, use, data, or other intangible losses.
8. Exclusive Remedies: Users agree that their sole and exclusive remedy for any dissatisfaction with the app or its content is to discontinue using the app. In no event shall the Company’s total liability to users for all claims arising out of or related to the app exceed the amount paid by users for the app or its services, if any.
9. No Liability for Third-Party Services: The Company shall not be liable for any damages or losses arising from the use of third-party services accessed through the app. Users acknowledge that they use third-party services at their own risk and should review such services’ terms of use and privacy policies.
10. Disclaimer of Agency: Nothing in these terms and conditions shall be construed as creating any agency, partnership, joint venture, employment, or franchise relationship between users and the Company.

By using the Dwell Secure app, users acknowledge and agree to abide by these limitations of liability and warranties. Users understand that the Company’s liability is limited to the maximum extent permitted by law, and they use the app at their own risk.

Limitation of Liability

The “Limitation of Liability” section outlines the extent of the Company’s liability for damages from using the Dwell Secure app. It sets forth limitations on the Company’s liability and users’ remedies in the event of any claims or disputes.

1. Extent of Liability: Users acknowledge and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of the app, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.
2. No Warranty of Results: The Company does not guarantee any specific results from the use of the app. Users understand that the app is provided on an “as is” and “as available” basis, and the Company makes no representations or warranties regarding its functionality or performance.
3. Exclusive Remedies: If users are dissatisfied with the app or its content, they agree that their sole and exclusive remedy is to discontinue using the app. Users understand that the Company’s liability is limited to the maximum extent permitted by law.
4. No Liability for Third-Party Services: The Company shall not be liable for any damages or losses arising from using third-party services accessed through the app. Users acknowledge that they use third-party services at their own risk and should review such services’ terms of use and privacy policies.
5. Maximum Liability: In no event shall the Company’s total liability to users for all claims arising out of or related to the app exceed the amount paid for the app or its services, if any. Users agree that this limitation of liability is reasonable and reflects the allocation of risk between the parties.
6. Indemnification: Users agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising out of or related to their use of the app. This includes but is not limited to claims of infringement, defamation, or violation of privacy rights.
7. No Waiver of Rights: Nothing in this section shall limit or exclude any liability that cannot be limited or excluded under applicable law. Users’ statutory rights as consumers shall not be affected by these limitations of liability.

By using the Dwell Secure app, users acknowledge and agree to abide by these limitations of liability. Users understand that the Company’s liability is limited to the maximum extent permitted by law, and they use the app at their own risk.

Indemnification 

Users agree to indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from or related to the user’s use of the app.

Governing Law 

These terms and conditions are governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles.

Dispute Resolution 

Any disputes arising out of or related to these terms or the app shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Privacy Policy 

Our Privacy Policy explains how we collect, use, and protect your personal information. By using the app, you agree to our Privacy Policy.

Data Security

Ensuring the security of user data is paramount for Dwell Secure. We employ industry-standard security measures to safeguard user information’s confidentiality, integrity, and availability. Here’s how we prioritize data security:

1. Encryption: All data transmitted between the Dwell Secure app and our servers is encrypted using secure protocols, such as Transport Layer Security (TLS). This encryption ensures that data exchanged between users’ devices and our servers remains confidential and protected from unauthorized access or interception by third parties.
2. Access Control: Access to user data within the Dwell Secure app is strictly controlled and limited to authorized personnel who require access to perform their duties. We implement role-based access control mechanisms to ensure that only individuals with the necessary permissions can access sensitive user information.
3. Data Minimization: We adhere to the principle of data minimization, collecting and storing only the information necessary to provide our services. Personal data is retained for the minimum amount of time required to fulfill the purposes for which it was collected, and users can delete or update their information as needed.
4. Regular Audits and Assessments: We conduct regular security audits and assessments of our systems and infrastructure to identify and address potential vulnerabilities and weaknesses. This proactive approach allows us to continuously monitor and improve the security of the Dwell Secure app, ensuring that user data remains protected against emerging threats.
5. Compliance with Data Protection Regulations: We are committed to compliance with applicable data protection regulations, such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). We provide users with transparency and control over their data, including the ability to access, update, or delete their information as required by law.

By implementing robust security measures and adhering to best practices in data protection, we strive to maintain our users’ trust and confidence. We recognize the importance of safeguarding user data and remain dedicated to upholding the highest data security standards within the Dwell Secure app.

Data Security 

We implement appropriate technical and organizational measures to protect your data but cannot guarantee absolute security.

Changes to the App 

The Company reserves the right to modify, suspend, or discontinue the app at any time without notice and is not liable for any such app modification, suspension, or discontinuation.

User Feedback 

Any feedback, comments, or suggestions you may provide regarding the app are entirely voluntary. We will be free to use such feedback as we see fit and without any obligation to you.

Entire Agreement 

These terms constitute the entire agreement between you and the Company regarding using the app and supersede any prior agreements.

Waiver and Severability 

Any failure by the Company to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. If any provision of these terms is invalid or unenforceable, the remaining provisions will remain in full force and effect.

User Conduct and Obligations 

Users agree to use the app responsibly and not engage in any activity that would constitute a criminal offense or give rise to civil liability.

Mobile Access 

Access to the app may require using your mobile data, and carrier charges may apply. The Company is not responsible for any charges you incur from your mobile carrier.

Data Backup 

Users are responsible for backing up their data. The Company is not liable for any loss of data.

User Representations

 Using the app, you represent and warrant that all information you provide is accurate and truthful.

Third-Party Rights 

These terms do not confer any third-party beneficiary rights.

Data Retention 

The Company will retain user data for as long as necessary to provide the app’s services and as applicable law requires. Users can request the deletion of their data as outlined in the Privacy Policy.

Advertising and Promotions 

The app may display advertisements and promotions. The manner, mode, and extent of advertising and promotions are subject to change. Users agree that the Company is not responsible for any loss or damage incurred as a result of interactions with advertisers or promotional activities.

Consent to Use of Data 

Using the app, users consent to collecting, using, and sharing their information as described in the Privacy Policy. Users agree that the Company may collect and use technical data and related information, including but not limited to technical information about your device, system, app software, and peripherals, to facilitate the provision of software updates, product support, and other services related to the app.

Social Media Integration

Integrating social media functionality within the Dwell Secure app enhances user engagement and connectivity, allowing users to seamlessly share content, connect with others, and leverage social networks for enhanced disaster preparedness and property management. Here’s how we facilitate social media integration:

1. Sharing Features: The Dwell Secure app incorporates social media sharing features that enable users to easily share information, updates, and tips on disaster preparedness, property management, and home safety with their social networks. Users can share relevant content, such as emergency preparedness checklists, maintenance reminders, and utility shutoff locations, directly from the app to platforms like Facebook, Twitter, and LinkedIn.
2. Social Login: We offer social login options, allowing users to sign in to the Dwell Secure app using their existing social media accounts. This streamlines the registration and login process, eliminating the need for users to create separate credentials for the app. Integrating social login functionality provides users with a convenient and seamless onboarding experience, enhancing user engagement and retention.
3. Community Engagement: Social media integration fosters community engagement within the Dwell Secure app, enabling users to connect with like-minded individuals, share experiences, and exchange valuable insights and advice on disaster preparedness and property management. Users can join groups or communities within the app based on their interests, geographical location, or specific needs, facilitating collaboration and knowledge sharing among users.
4. Feedback and Reviews: Social media integration allows users to provide feedback, reviews, and ratings for the Dwell Secure app, helping to build credibility and trust among potential users. Users can share their experiences with the app on social media platforms, recommending it to their friends and followers or providing valuable feedback for improvement. Positive reviews and endorsements on social media can enhance the app’s visibility and attract new users.
5. Promotional Campaigns: We leverage social media integration for promotional campaigns and marketing initiatives to reach a broader audience and drive user acquisition and engagement. Through targeted advertising, sponsored posts, and influencer partnerships on social media platforms, we raise awareness about the Dwell Secure app, highlighting its features, benefits, and value proposition to potential users.

Integrating social media functionality within the Dwell Secure app empowers users to connect, collaborate, and share valuable information and resources related to disaster preparedness and property management. Social media integration enhances user engagement, facilitates community building, and amplifies the reach and impact of the app, ultimately contributing to a safer and more resilient community.

Contact Information 

For any questions about these terms, please contact us at info@dwellsecure.com.

Last Updated: 05/24/2024