Welcome to Simsumus. Our goal is to help you stay safe by providing instant notifications, live broadcasts of reported crimes and incidents, and other value-added services to keep you informed. To that end, we constantly strive to provide users with tools that are aimed to enhance their safety and help them avoid unsafe situations. We do this by collecting content of real-time events from you, our users, individuals who may have relevant content, public sector and news outlet sources, and from content we otherwise have set up an infrastructure to collect. As a user of our App (as defined below), you are also helping us in our mission to make the world a safer place.
These Terms of Use, along with any other supplemental terms that are incorporated by reference or may be presented to you for your review and acceptance (collectively, the “Simsumus”), are between you and spon, Inc., the company that does business as Simsumus and operates the Simsumus mobile App and https://simsumus.com, including its subsidiaries and affiliated entities under common ownership and control, (“spon” or “Simsumus”). These Terms govern your access to and use of spon’s “Simsumus” Service(s) as may be offered from time to time and as defined in the list below, and as further described in the Product Descriptions linked for each Product type listed below, including:
Your access to and use of the Services and Content is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services, you agree to be bound by these Terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE CAREFULLY REVIEW SECTION 14 (GOVERNING LAW AND DISPUTE RESOLUTION) BELOW FOR MORE INFORMATION.
1. BASIC TERMS AND RISK ASSUMPTION
A. Risks and User Conduct
YOU HEREBY REPRESENT THAT YOU ARE DULY AWARE THAT THE ACTIVITIES IN WHICH YOU MAY BE PARTICIPATING IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THE CAPTURING OF CONTENT TO BE UPLOADED TO THE SERVICES MAY INVOLVE RISKS. YOU FURTHER ACKNOWLEDGE AND ASSUME THESE RISKS AND YOU HEREBY ELECT, VOLUNTARILY, TO ENGAGE IN SUCH ACTIVITIES. YOU REPRESENT AND WARRANT THAT: (1) YOU UNDERSTAND AND APPRECIATE THE RISKS ASSOCIATED WITH THE ACTIVITIES YOU MAY ENGAGE IN; (2) YOU UNDERSTAND THAT (A) YOU SHOULD NOT TRAVEL TO OR REMAIN IN ANY AREA DURING, BEFORE, OR AFTER A CRIME OR OTHER HAZARDOUS SITUATION AND (B) SP0N HAS NO RIGHT OR ABILITY TO DIRECT THE MANNER IN WHICH YOU GATHER CONTENT; (3) ANY INJURIES OR OTHER DAMAGE SUFFERED BY YOU ARE INCURRED AT YOUR OWN RISK AND WILL NOT BE COMPENSABLE BY WORKERS COMPENSATION OR ANY OTHER INSURANCE PROGRAM MAINTAINED BY SP0N, AND SP0N SHALL NOT BE LIABLE TO YOU OR OTHERS IN ANY WAY FOR SUCH DAMAGES; AND (4) YOU WILL NOT INCITE, ENCOURAGE, CAUSE, OR ENGAGE IN ANY CRIMINAL, HAZARDOUS, ILLEGAL, OR OTHERWISE UNSAFE ACTIVITY IN CONNECTION WITH YOUR USE OF THE SERVICES OR IN AN EFFORT TO OBTAIN OR PROVIDE CONTENT.
You may access and use the Services and Content only if you are at least 18 years of age and of sound mind, you can form a binding contract with sp0n, and you are not a person barred from receiving or using the Services under the laws of Russian Federation and other states or other applicable jurisdiction. If you are accepting these Terms and using or accessing the Services and Content on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and are binding such legal entity to these terms as an authorized individual. You may use and access the Services and Content only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
B. Changes to Services or Terms
The Services that spon provides are always evolving, and the form and nature of the Services may change from time to time without prior notice to you. In addition, spon may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. You may need to update third-party software from time to time in order to use the Services. sp0n also retains the right to create limits and restrictions on use of the Services and/or Content or suspend or terminate your access to the Services and/or Content, at spon’s sole discretion at any time without prior notice to you.
From time to time, we may make changes to these Terms. They will be effective upon posting notice of such changes on the Simsumus website (https://simsumus.com) (the “Website”) and/or within the App. The most current version of the Terms is available on the Website and will be effective as of the “Effective Date” listed therein. If you do not agree to any change(s), you should stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance and acknowledgement of such change(s).
C. Service Features and Citizen Advertisements
To use the Services and access the Content most effectively, you must enable your mobile device as follows: to receive push notifications from the App; to permit the App to access both the camera and microphone for your device (in some cases, to access additional functionality); and to permit the App to access your location (even in the background; i.e., when the App is not open on your device).
If you do not enable your mobile device accordingly (including enabling any additional features or functions that sp0n elects to make mandatory for use of the App), the App will not function effectively on your device and you will not be able to access all the functionality available from the Services.
D. spon Communications
As part of the sign-up process for one or more of the Services, we may send you, and you agree to receive, a one-off text message containing a designated short code. If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance or with the keyword “STOP” to opt out.
E. Privacy
Any information that you provide to spon, as well as any information that sp0n otherwise collects via the Services and your use thereof, is subject to our Privacy Policy, which governs our collection and use of such information. You understand that, unless residing in a jurisdiction that requires express consent, through your use of the Services and access to the Content, you consent to the collection and use of this information and the Privacy Policy.
2. SERVICE ACCESS CREDENTIALS
You are responsible for safeguarding the mobile telephone number, username, or other credentials or authentication method that may be used to access or post Content to the Services, use of the Services, and for any activities or actions under your account. spon cannot and will not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to safeguard your device and/or such credentials.
3. CONTENT ON THE SERVICES
A. Responsibility
All Content transmitted to or through the Services is the sole responsibility of the person who originated or captured such Content. We may, but are not required to, monitor or control the Content available via the Services, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your sole risk.
We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that, by using the Services and accessing the Content, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases Content that has been mislabeled or is otherwise deceptive, objectionable, or difficult to view. While we ask that our users take reasonable precautions to avoid posting gratuitous content of any nature, the nature of the Services is to make available information that certain people may find offensive. Each user must evaluate, and bear all risks associated with, the use of the Services and access to any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will spon be liable in any way for any Content, whether or not created or modified by spon, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred because of the use of the Services, or access or use of any Content posted, emailed, transmitted, or otherwise made available via the Services or distributed elsewhere.
4. YOUR USE OF THE SERVICES
spon provides you a personal and non-transferable right to access the Services for the purpose of using the App and for accessing and submitting Content. This right of access and use is provided to you for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by sp0n, in the manner permitted by these Terms, including posting Content in accordance with the terms of Section 4.
With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play Store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.
5. SP0N RIGHTS
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of spon and its licensors. The Services are protected by copyright, trademark, and other laws of both the Russian Federation and foreign countries. spon reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, Content, or suggestions you may provide regarding spon or the Services is entirely voluntary, and that we will be free to use such feedback, comments, Content, or suggestions as we see fit and without any obligation to you, even after you cease using or participating in the Services.
6. SUSPENSION OR TERMINATION
The Terms will continue to apply until terminated by either you or spon as set forth below. If spon suspends your access to the Services, you agree that spon shall have no liability or responsibility to you, and sp0n will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Nothing in this section shall affect spon’s rights to change, limit, or stop the provision of the Services without prior notice, as provided herein.
A. Termination of Services by You
You may end your legal agreement with spon at any time for any reason by deactivating your accounts and discontinuing your use of the Services. To deactivate your account, please do so by going to “App Settings” in the App or by contacting us via the support center within the Services.
B. Suspension or Termination of Services by spon
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (1) you have violated these Terms; (2) you create risk or possible legal exposure for us; (3) you or your use of the Services pose a risk to the security of, or otherwise pose a risk to the Services or our other users; or (3) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
C. Survival
Upon termination of your account by you or by spon, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall survive any termination of these Terms: 1, 3, 5, 6(C), 7, 8, 9, 11 and 13.
7. WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of spon and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “spon Entities”). Each of the subsections below apply up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SPON ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SP0N OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
The spon Entities make no warranty and disclaim all responsibility and liability for: (1) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (2) any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of the Services, or any Content; (3) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; or (4) any claim that the Services do not meet your requirements or are not available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the spon Entities or through the Services will create any warranty not expressly made herein.
B. No Responsibility for Third Party Links or Fundraisers
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the spon Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Services may include links to fundraising initiatives established by third party individuals or fundraising sites (“Fundraisers”). Spon does not endorse Fundraisers and does not independently verify that Fundraisers are legitimate or that contributions to a Fundraiser will be used for their stated purpose. You should not rely on spon to determine the accuracy of any Fundraiser information. Since Fundraisers are created, hosted, and operated by third parties, not by spon, please do your diligence and use your judgment. All donations to a Fundraiser are made at your own risk and spon bears no liability in this regard.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SP0N ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH, ARISING OUT OF, OR RELATED TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SP0N SHALL NOT BE LIABLE FOR ANY DEATH, BODILY HARM, OR PROPERTY DAMAGE ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SP0N ENTITIES HEREUNDER EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR, IF YOU SUBSCRIBE TO THE PREMIUM SERVICES AND IF GREATER, THE AMOUNT THAT YOU PAID FOR SUCH SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE OCCURRENCE GIVING RISE TO THE LIABILITY.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY SP0N ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8. INDEMNITY
You will indemnify and hold harmless the sp0n Entities from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses (including, without limitation, reasonable legal and accounting fees) arising out of or in any way connected with (a) your access to, use of, or reliance on the Content or Services; (b) your conduct with respect to any other users, including in connection with any public incidents on the Services; (c) your Content; or (d) your violation of these Terms.
9. RELEASE
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU HEREBY RELEASE THE SP0N ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, CONTAGIOUS DISEASE, OR DEATH THAT MAY BE SUSTAINED BY YOU WHILE USING OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THE CAPTURING OF CONTENT TO BE UPLOADED TO THE SERVICES. THIS RELEASE IS BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, BENEFICIARIES, AND ANY OTHER AFFILIATES OR INTERESTED PARTIES.
10. INFRINGEMENT AND DMCA NOTICE
spon respects the intellectual property rights of others and we expect our users to do the same. If you are a copyright owner and believe a user of the Services is infringing your copyright or the copyright of any third party, please notify us in writing.
Each notification must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed; (b) a description of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the Content that is claimed to be infringing, and information reasonably sufficient to permit spon to locate the Content; (d) information reasonably sufficient to permit sp0n to contact you, such as an address, telephone number, and email address; (e) a written statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement made under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
We may remove Content alleged to be infringing and terminate the right to use the Services by any user who infringes the intellectual property rights of another person or entity, in each case without prior notice and at our sole discretion.
11. GOVERNING LAW AND DISPUTE RESOLUTION
A. Dispute Resolution
These Terms and the relationship between you and sp0n will be governed by the laws of Russian Federation and other states. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to Content and your use of the Services.
B. Arbitration
YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND SP0N ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND SP0N AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON A CONFIDENTIAL INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
12. APP STORES
You acknowledge and agree that the availability of the App and the Services are dependent on the applicable App Store. You acknowledge that the Terms are between you and sp0n and not with the App Store. Spon, not the App Store, is solely responsible for the Service, including the App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). To use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store when using any Service, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
A. Accessing and Downloading the App from Apple App Store
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (1) the Terms are concluded between you and spon only, and not Apple; and (2) spon, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between spon and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of spon.
You and spon acknowledge that, as between sp0n and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and spon acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between spon and Apple, spon, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms.
You and spon acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
13. OTHER GENERAL TERMS
The failure of spon to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without sp0n’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. sp0n may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by spon under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services and your continued use of the Services constitutes your acceptance. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and our Privacy Policy are the entire and exclusive agreement between spon and you regarding the Services (excluding any services for which you have a separate agreement with spon that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between spon and you regarding the Services and Content.