Gist: Use the site as intended and don't blame us for things that aren't our fault and we'll get along just fine.
These Terms of Service ("Terms") govern your access to and use of the products and services provided by Dead Man's Snitch, LLC ("Dead Man's Snitch"), including the DeadMansSnitch.com website, APIs, and related services (collectively, "our Services"). These Terms, along with our Privacy Policy and any other operating rules or policies we publish, make up the agreement between you and us (the "Agreement").
Please read these Terms carefully before using our Services. By accessing or using any part of our Services, you agree to be bound by this Agreement. If you don't agree, don't use our Services.
Our Services require an account to use. When you create an account, you agree to provide us with complete and accurate information and to keep it current so we can communicate with you about your account. We may limit access to our Services until we're able to verify your email address or other account information. You're solely responsible for maintaining the security of your account and for all activity that occurs under it. Don't share or misuse your access credentials. Notify us immediately of any unauthorized use of your account or any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
Our Services are not directed to children. You're not allowed to access or use our Services if you're under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you're at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you're under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
Some of our Services are offered for a fee ("Paid Plans"). By selecting a Paid Plan, you agree to pay the subscription fees indicated for that plan. We charge on a pre-pay basis starting on the day you sign up, covering your subscription period (monthly or yearly). Paid Plan fees aren't refundable except as required by applicable law.
We may offer a free trial for certain plans. No credit card is required to start a trial. When your trial expires, your account will be downgraded to the free plan unless you select a Paid Plan.
Unless you cancel before the end of your subscription period, your plan will automatically renew and you authorize us to charge the then current fee (plus any applicable taxes) to the payment method we have on file. You can cancel at any time by downgrading to the free plan on the Plan & Billing page in your account settings.
If you upgrade during a billing period, you'll be immediately charged the prorated difference for the remainder of the current period.
Unless stated otherwise, all fees are exclusive of applicable taxes. You're responsible for paying any applicable taxes relating to your use of our Services. If we're obligated to collect or pay taxes on your behalf, you're responsible for those taxes and we may collect payment from you.
Our Services integrate with third-party services to deliver notifications and alerts, and to process payments. We don't own or control these third-party services and aren't responsible for their availability, accuracy, or performance. Your use of third-party integrations is subject to those services' own terms. We're not liable for any failures, delays, or damages caused by third-party service outages, errors, or changes.
The Agreement doesn't transfer any Dead Man's Snitch or third-party intellectual property to you, and all right, title, and interest in such property remains solely with Dead Man's Snitch and its licensors.
You represent and warrant that your use of our Services:
You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using our Services, you represent and warrant that you (i) aren't located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People's Republic, Luhansk People's Republic, and Syria); (ii) aren't listed on any United States list of prohibited or restricted parties, such as OFAC's Specially Designated Nationals and Blocked Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) won't use or allow access by any of your customers or potential customers (if applicable) to our Services in any manner that may cause Dead Man's Snitch to violate US export controls and sanctions. We reserve the right to restrict or block your access to our Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
We may modify these Terms from time to time, for example, to reflect changes to our Services or for legal, regulatory, or security reasons. If we do, we'll post the updated Terms and update the "Last Updated" date. Changes apply going forward from the effective date. If we determine that a change is material, we may provide additional notice through our Services or other communications. By continuing to use our Services after updated Terms take effect, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and canceling any subscription you have.
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement. You can stop using our Services at any time, or, if you use a Paid Plan, you can cancel at any time, subject to the Payment and Renewal section of these Terms. All provisions that by their nature should survive termination will survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.
Our Services are provided "as is." Dead Man's Snitch and its suppliers and licensors disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Dead Man's Snitch, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will Dead Man's Snitch, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Dead Man's Snitch under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Dead Man's Snitch has no liability for any failure or delay due to matters beyond its reasonable control. The foregoing doesn't apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Dead Man's Snitch, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with our Services, or applicable law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state courts of Ottawa County, Michigan and the federal courts for the Western District of Michigan. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
The Agreement constitutes the entire agreement between Dead Man's Snitch and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Dead Man's Snitch may assign its rights under the Agreement without condition. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions.
You've made it all the way down here? You deserve a baby duck:
These Terms of Service were adapted from https://en.wordpress.com/tos/ with their permission. Thank you!