Terms of Use

These Terms of Use include the Privacy Policy, which describes our privacy practices, including how we collect, use, and disclose your personally identifiable information ("Personal Information"). Your name and email address, along with other identifying information, constitute your Personal Information.

Watch Our Own offers Services designed to enable you and the members of the group you create or accept membership in ("Group(s)"), to assist in the support of someone you care about. All information in a Group is managed by you or the Group administrator, who decides who to share information with and when to remove that access.

A Group may share information during a live event and via remote access to first responder dispatch. You consent to the sharing of such information with emergency service providers and applicable Groups, and you represent and warrant that you have obtained all necessary consents to share such information.

For example, a member may look up medical information to provide to a first responder, or initiate an "Emergency Code" to allow first responder dispatch access via app.watchourown.com/first-response.

You will pay any fees agreed to in connection with your account. You authorize us, our successors and assigns, or our agents to charge your credit card for fees incurred. Credit card transactions will appear as "Watch Our Own".

• All monthly and yearly memberships automatically renew immediately upon expiration.
• You must cancel at least one day before expiration to prevent automatic renewal.
• To cancel, email support@watchourown.com.
• We reserve the right to change subscription costs at any time. It is your responsibility to check the current price before renewal.
• You are personally liable for any purchases or expenditures made using your username and password.

The Services are intended for individuals 13 years of age or older. If you learn that a child under 13 has used the Services, please contact us and we will close that account.

You shall not:

• (a)Use the Service in a manner inconsistent with these Terms of Use.
• (b)Modify, copy, reproduce, frame, reverse engineer, scrape, or create derivative works of the Services.
• (c)Use the Services as a service bureau.
• (d)Rent, lease, sell, license, republish, or distribute the Services or any part thereof for profit.
• (e)Remove or alter any proprietary notice or legend regarding our intellectual property.
• (f)Use or access the Services in violation of U.S. export laws and regulations.
• (g)Transmit viruses, worms, or destructive code; introduce automated agents; or mine data from the Services.
• (h)Use information obtained from the Services to contact, advertise to, or solicit any user without their explicit consent.
• (i)Access or tamper with non-public areas of the Services or our computer systems.
• (j)Probe, scan, or test the vulnerability of any system or network, or breach security or authentication measures.
• (k)Bypass, remove, or circumvent any technological protection measure implemented by us or our providers.
• (l)Use spiders, robots, crawlers, or data mining tools to access or download content from the Services.
• (m)Use meta tags or hidden metadata utilizing our trademarks, logos, or product names without written consent.
• (n)Use the Services for any commercial purpose not permitted by these Terms of Use.
• (o)Forge TCP/IP packet headers or send altered, deceptive, or false source-identifying information.
• (p)Decompile, disassemble, or reverse engineer any software used to provide the Services.
• (q)Interfere with or disrupt access for any user, host, or network, including via virus, overloading, flooding, or spamming.
• (r)Collect or store personally identifiable information of other users without their express permission.
• (s)Use the Services in any way that violates applicable law, accesses other users' data, abuses or harasses others, or creates undue burden on the Services.
• (t)Encourage or enable any other individual to do any of the foregoing.

You agree not to interrupt the operation of our Services, impersonate any person or entity, or misrepresent your affiliation or the origin of information you provide. Possible evidence of illegal use may be provided to law enforcement authorities.

You shall not disclose to any third party any of our Confidential Information, and shall not use it for any purpose other than testing our Service per our written instructions. "Confidential Information" means any non-public information or materials provided by us in connection with the Service. You shall use the same standard of care to protect our Confidential Information as you use for your own similar information (but in no event less than a reasonable standard of care).

These restrictions do not apply to information that:

• Is publicly disclosed (except due to your acts or omissions);
• Was already lawfully in your possession prior to disclosure without a confidentiality obligation;
• Becomes known to you from a third party with no confidentiality obligation; or
• Is independently developed by you without reference to our Confidential Information.

You may disclose Confidential Information to the extent legally required, provided you give us prior notice to the extent legally permissible.

We and our successors or assigns own all right, title, and interest — including all related intellectual property rights — in and to the Service (including all software and source code) and any enhancements, modifications, and derivative works.

You hereby grant us all right, title, and interest in and to any suggestions, concepts, code, inventions, processes, content, ideas, feedback, recommendations, or information you provide relating to the Service.

Our name, logo, and product names are trademarks of Watch Our Own or its affiliated companies. No right or license is granted to use them. We reserve all rights not expressly granted in and to the Service.

If you are a copyright owner and believe content on our Service infringes your copyrights, please contact us at feedback@watchourown.com pursuant to the Digital Millennium Copyright Act (DMCA).

Our Services may provide links to third-party websites. Such links are not an endorsement of those sites' content, products, or services. We do not control these third-party websites and expressly disclaim any responsibility for their content, accuracy, or products. Third-party websites may have different privacy policies and security standards than our Services.

We may suspend or terminate your use of or access to the Services at any time in our sole and absolute discretion, for any reason. A suspension or termination may result in the permanent deletion of your information or other previously available content.

Upon termination of these Terms of Use, any of our rights hereunder will survive, and the following sections shall expressly survive: Subscription Fees, Confidential Information, Intellectual Property, Indemnification, Disclaimer of Warranties, Limitation of Liability, Governing Law, Severability, Changes, and Entire Agreement.

You agree to indemnify, defend, and hold harmless Watch Our Own, our service providers, consultants, officers, directors, employees, contractors, and advisors from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorney's fees) arising from:

• Any breach of these Terms of Use;
• Your use or misuse of any material or information posted, provided, or transmitted by you or us; or
• Your access or use of the Services.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification under this section, and you agree to cooperate with any reasonable requests in our defense.

To the limited extent necessary to perform the Services, you grant us and our subcontractors, on a royalty-free basis, the right to copy, distribute, perform, display, create derivative works, and otherwise use any data and documents provided by you and your Group in connection with the Services.

You represent, warrant, and covenant that you have been effectively granted all necessary rights by your caregivers, care recipients, and all affected third parties which are necessary for the foregoing license grant.

To the extent any of the above limitations are restricted by applicable federal, state, or local law, such limitations will not apply to the extent of such restrictions.

We may assign these Terms of Use at any time, including to any parent, subsidiary, or affiliated entity, or as part of a sale, merger, or other transfer to another entity. You may not assign, transfer, or sublicense these Terms of Use to anyone else; any attempt to do so shall be null and void.

These Terms of Use shall be governed by the laws of the State of New Jersey, without regard to its conflict of laws principles. The state and federal courts located in New Jersey shall be the sole and exclusive venue for any legal action between you and us concerning these Terms of Use. You waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Any cause of action or claim you may have with respect to these Terms of Use must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity will not affect the validity of any provision in any other jurisdiction. These Terms of Use will be reformed, construed, and enforced in such jurisdiction as if the invalid provision had never been contained herein. Any headings or titles are for convenience only.

We may, without advance notice, supplement or change these Terms of Use at any time. Changes will be effective as soon as they are posted on the Services. By accessing the Services, you agree to be bound by the Terms of Use as posted at the time of your access. It is your sole responsibility to review these Terms of Use each time you access the Services.

If any change is not acceptable to you, your sole remedy is to cease using the Services.

These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

You will fully comply with any third-party terms that may apply in connection with your use of the Services. No joint venture, partnership, agency, or employment relationship is created between us in connection with these Terms of Use.

Any notices to Watch Our Own shall be in writing and deemed delivered upon:

• Personal delivery during ordinary business hours;
• The day of delivery if sent via United States Postal Service, postage pre-paid; or
• The day of signed receipt if sent by certified mail or nationally recognized carrier with return receipt.

Notices shall be addressed to: