Terms and Conditions

These Terms and Conditions (the “Terms” or “Agreement”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Dormu, LLC, including its subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, and service providers (“Dormu,” “we,” “us,” or “our”), governing your access to and use of Dormu’s mobile application(s), website(s), software, products, features, tools, and services (collectively, the “Services”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT, A JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

BY (A) DOWNLOADING, INSTALLING, OR USING THE MOBILE APPLICATION; (B) CREATING AN ACCOUNT; (C) CLICKING “I AGREE,” “ACCEPT,” OR A SIMILAR BUTTON; OR (D) OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. Privacy Policy; Incorporation by Reference; Additional Terms

1.1 Privacy Policy. Your access to and use of the Services is subject to Dormu’s Privacy Policy, which is incorporated herein by reference and forms part of this Agreement. Dormu’s Privacy Policy describes how Dormu collects, uses, stores, processes, discloses, and otherwise handles information, including personal information, location data, device information, and sensor or motion-related information, in connection with the Services. By using the Services, you consent to Dormu’s collection, use, and disclosure of information as described in the Privacy Policy.

1.2 Additional Terms. Certain features, functions, content, subscription plans, or third-party integrations may be subject to additional terms, policies, rules, notices, disclaimers, or guidelines (collectively, “Additional Terms”). Such Additional Terms are incorporated into this Agreement by reference. In the event of any conflict between this Agreement and any Additional Terms, the Additional Terms will govern solely with respect to the applicable feature or Service.

1.3 Changes to Agreement. Dormu may modify this Agreement from time to time in its sole discretion. Dormu will post the most current version of this Agreement and update the “Last Updated” date above. Your continued access to or use of the Services after the revised Agreement becomes effective constitutes your acceptance of the revised Agreement. If you do not agree to the revised Agreement, you must immediately discontinue use of the Services.

1.4 Security and Data-Sharing Statements. Dormu uses administrative, technical, and organizational safeguards designed to protect information handled through the Services. No security measure or transmission method is completely secure. Statements regarding encryption, security, privacy, sale, or sharing of personal information are subject to and should be read together with Dormu’s Privacy Policy. Dormu may disclose information to service providers, platforms, authorized Contact Network members, or other parties as described in the Privacy Policy and as permitted or required by law.

2. Eligibility; Age Requirements

2.1 Eligibility. You represent, warrant, and covenant that: (a) you are at least eighteen (18) years of age, or the age of majority in your jurisdiction of residence, whichever is older; (b) you have the full right, power, and authority to enter into this Agreement; and (c) your access to and use of the Services will comply with all applicable laws, rules, and regulations.

2.2 Minors. Persons under the age of thirteen (13) are strictly prohibited from using the Services. If your jurisdiction requires a higher minimum age for lawful access to or use of the Services, that higher minimum age applies.

2.3 Account Removal for Ineligibility. Dormu reserves the right to suspend, restrict, or terminate your access to the Services, including deleting your Account, if Dormu believes you do not meet the eligibility requirements or if Dormu is required to do so by applicable law.

3. Definitions

For purposes of this Agreement, the following definitions apply:

3.1 “App” means Dormu’s mobile application(s) made available for download and use on supported mobile devices.

3.2 “Contact Network” means one or more individuals designated by you to receive notifications, alerts, communications, or other messages initiated through your Account or by Dormu as part of the Services.

3.3 “Dormu Materials” means all software, content, data compilations (excluding User Content, if any), text, graphics, interfaces, trademarks, logos, designs, and other materials made available through the Services.

3.4 “Safe Zone” means a geofenced boundary established by you through the Services which may trigger notifications or events based on device location entry, exit, or presence, subject to limitations described herein.

3.5 “Subscription” means any paid plan, membership, service tier, or recurring payment feature that provides access to certain paid features of the Services.

3.6 “Family Network” means the Contact Network described in Section 3.2. The Services and marketing materials may also refer to Contact Network members as family members, Family Network members, trusted family members, or trusted contacts.

3.7 “Remote Access” means functionality, where available, through which a User authorizes another person to view certain status information or remotely configure supported settings for the User’s Account or monitored device.

3.8 “Device Status Information” means information reported by a supported device regarding battery level, internet or network connectivity, and similar device-status indicators made available through the Services.

3.9 “Real-Time” means as quickly as possible after Dormu receives the data, signal, event, or other information from the User’s device that is necessary for the applicable feature to operate. “Real-Time” does not mean instantaneous, simultaneous with the underlying event, continuously updated without delay, or guaranteed to occur within any specific number of seconds or minutes.

3.10 “Instant,” “Instantly,” “Immediate,” “Immediately,” “Within Seconds,” and similar timing terms mean as quickly as possible after Dormu receives the data, signal, event, or other information from the User’s device that is necessary to generate or initiate the applicable alert, notification, update, or other automated action. Such terms describe Dormu’s intended prompt automated response after receipt of the required device data and do not guarantee transmission, delivery, receipt, review, or action within any specific timeframe.

4. Account Registration; Security; User Information

4.1 Account Creation. To access or use certain features of the Services, you must create an account (“Account”). In connection with registration, you may be required to provide information including, without limitation, your name, mobile telephone number, email address, payment information, emergency preferences, and Contact Network information.

4.2 Accuracy of Information. You agree to provide true, accurate, current, and complete information and to promptly update such information as necessary.

4.3 Account Security. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to immediately notify Dormu of any suspected unauthorized access or security breach.

4.4 Dormu’s Non-Liability for Unauthorized Access. Dormu will not be liable for any loss or damage arising from your failure to safeguard credentials or unauthorized use of your Account not directly caused by Dormu’s breach or failure to maintain reasonable security.

5. Description of Services; Important Limitations

5.1 General Description. Dormu provides a personal safety awareness and notification service. The Services may include monitoring and analysis of certain device signals to identify potential inactivity, immobility, or fall-related patterns, Safe Zones (geofencing), location updates, location sharing, and an SOS feature enabling User-initiated notifications.

5.1.1 Permissions and Device Settings Required. Certain features of the Services require you to grant Dormu access to device permissions and settings, which may include, without limitation, location services (including precise location), motion and sensor access, notifications, background refresh, and cellular data access. If you do not grant, enable, or maintain the required permissions or settings, or if your device’s operating system restricts such permissions (including due to power-saving settings, background activity limitations, or manufacturer controls), the Services and certain features (including inactivity monitoring, immobility monitoring, Safe Zones, location updates, and SOS notifications) may be delayed, degraded, inaccurate, intermittent, or unavailable.

5.2 Inactivity Monitoring. Subject to your device settings and permissions, Dormu may monitor for potential inactivity events by measuring certain device activity indicators over time. Device activity indicators may include, without limitation, phone locking and unlocking, internet or web activity, network activity, and other supported device signals. Dormu does not guarantee that inactivity events will be detected, correctly interpreted, or acted upon.

5.3 Immobility Monitoring. Subject to your device settings and permissions, Dormu may monitor potential immobility events by measuring mobility-related sensor signals associated with your device. You acknowledge that immobility monitoring is dependent upon device sensors, operating system behavior, and real-world conditions, and may be inaccurate, delayed, or unavailable.

5.3.1 Fall Detection. Subject to your device settings, permissions, and device compatibility, the Services may include a fall detection feature that uses device sensors (including, without limitation, accelerometer and gyroscope data) in an attempt to identify sudden movements consistent with a fall. If a potential fall is detected, the Services may prompt you to confirm your status and, depending on your response or lack of response within a set timeframe, may notify your Contact Network in accordance with the notification sequence described in Section 5.7. You acknowledge and agree that fall detection is a sensor-based feature that cannot reliably detect all falls, may fail to detect an actual fall (a false negative), and may incorrectly identify non-fall movements—such as sitting or lying down abruptly, dropping, setting down, or removing your device, exercising, riding in a vehicle, or other vigorous physical activity—as a fall (a false positive). Fall detection accuracy may vary based on device model, device placement (including whether the device is carried on your person), sensor calibration, operating system version, software updates, and other factors outside Dormu’s control. Dormu does not warrant or guarantee that the fall detection feature will detect any or all falls, will avoid false positives, or will operate accurately, and you acknowledge that fall detection is not a substitute for in-person supervision, caregiving, or emergency medical services.

5.3.2 iOS Foreground Requirement for Fall Detection. For Users accessing the Services on Apple iOS devices, fall detection functionality requires that the App be open and running in the foreground on your device at the time of a potential fall event. Due to iOS operating system restrictions on background sensor access and processing, fall detection will not function, and no fall-related notification will be generated or sent to your Contact Network, if the App is closed, has been terminated, or is running in the background, or if your device is locked, regardless of whether other Services features (such as location sharing or Safe Zones) continue to operate in the background. This limitation is imposed by Apple’s iOS platform and is outside Dormu’s control and may change if Apple modifies its platform policies. You acknowledge that if you use an iOS device, you are solely responsible for keeping the App open and in the foreground during any period in which you wish fall detection to be active, and Dormu disclaims all liability for any failure of fall detection arising from the App not being open and in the foreground on an iOS device.

5.4 Safe Zones (Geofencing). Dormu may allow you to create and manage Safe Zones and may provide notifications based on entry into, exit from, or presence within Safe Zones. You acknowledge that Safe Zone functionality may produce false positives or false negatives.

5.5 Location Updates and Sharing. The Services may collect and display location information and, where enabled, share location information with your Contact Network. You acknowledge that location information is inherently imprecise and may be inaccurate, delayed, incomplete, or unavailable.

5.6 SOS Feature. Dormu may provide an SOS feature that allows you to manually trigger alerts to your Contact Network. When you activate SOS, the Services may include your device’s available location information, including precise location where available, with the SOS alert, regardless of your ordinary location-sharing preference, as described in the Privacy Policy. You acknowledge and agree that Dormu does not guarantee that any person will receive, read, respond to, or act upon an SOS alert.

5.7 User-First Notification Sequence; Contact Network Escalation. Certain alert flows may be designed to notify you first and, if you do not respond within a set timeframe, notify your Contact Network. You acknowledge that the sequence may not function in all circumstances and depends on technical factors outside Dormu’s control.

5.8 Monitoring Schedules and Background Operation. The Services may allow you to establish custom monitoring schedules, including recurring or extended monitoring periods. References in the Services or marketing materials to “24/7,” “continuous,” “active,” or background monitoring describe the ability to configure or operate supported features over extended periods and do not mean that Dormu provides human monitoring, guarantees uninterrupted operation, or continuously verifies your physical condition. Actual operation depends on enabled features, device permissions, operating-system behavior, connectivity, power state, and other factors described in this Agreement.

5.9 Remote Setup and Access. Where available, the Services may allow you to authorize a trusted person to remotely view certain Account, location, or Device Status Information or configure supported settings, including monitoring schedules, monitoring status, Safe Zone or geofencing preferences, and other available settings. You are responsible for selecting persons you trust and for granting, reviewing, modifying, and revoking Remote Access. An authorized person may be able to make changes that affect how or when monitoring and notifications operate. Dormu is not responsible for actions or omissions of a person to whom you voluntarily grant Remote Access, except to the extent required by applicable law. Remote Access does not transfer ownership or control of the User’s Account to the authorized person. The User remains responsible for the Account and may modify or revoke Remote Access at any time through the functionality made available by Dormu.

5.10 Battery and Connectivity Status. The Services may display Device Status Information, including a supported device’s reported battery level and internet or network connectivity. Such information may be delayed, incomplete, inaccurate, stale, or unavailable because of device settings, operating-system restrictions, network conditions, background-processing limitations, or other factors outside Dormu’s control. Battery or connectivity status must not be interpreted as confirmation of a User’s physical safety, location, or current condition.

5.11 Location History and Location Displays. Where available and enabled, the Services may display current or previously reported device locations or location history. For purposes of the Services, “Real-Time” means Dormu processes and responds to location data as quickly as possible after Dormu receives the applicable data from the User’s device. Dormu cannot control when the device, operating system, network, GPS or location provider, or other Third-Party Service makes that data available to Dormu. Accordingly, a location described as “Real-Time” may reflect a delay between the User’s actual location or movement and Dormu’s receipt, processing, display, or sharing of that location. “Real-Time” does not mean instantaneous, continuously updated without delay, or guaranteed to reflect the User’s exact location at the precise moment it is viewed. Location data remains subject to the limitations in Sections 5.5 and 7.

5.12 Alert Timing and Response-Time References. Any reference in the Services or marketing materials to an alert, notification, update, or other action occurring “instantly,” “immediately,” “within seconds,” in “less than 30 seconds,” in “Real-Time,” or using similar timing terminology means that Dormu is designed to process the applicable data and initiate the applicable automated response as quickly as possible after Dormu receives the data, signal, event, or other information from the User’s device that is necessary to do so. Dormu does not control when such data is generated by or transmitted from the device, operating system, network, sensor, location provider, or other Third-Party Service. Accordingly, elapsed time from the underlying real-world event to an alert or update may vary. These timing terms are not promises or guarantees that an alert, notification, location update, or other action will occur simultaneously with an event or within any specific number of seconds or minutes. Actual timing may also be affected by device state, permissions, operating-system restrictions, connectivity, third-party services, notification systems, and other factors outside Dormu’s control.

6. Not a Substitute for 911; No Emergency Dispatch; No Guarantee of Response

6.1 No Emergency Services. THE SERVICES ARE NOT A SUBSTITUTE FOR 911 OR ANY OTHER EMERGENCY SERVICE. DORMU IS NOT CONNECTED TO, AFFILIATED WITH, OR ENDORSED BY ANY 911 SYSTEM, PUBLIC SAFETY ANSWERING POINT (“PSAP”), OR EMERGENCY RESPONSE PROVIDER, AND DORMU DOES NOT REPORT TO, CONTACT, OR DISPATCH 911 OR ANY EMERGENCY SERVICES ON YOUR BEHALF. Dormu does not guarantee emergency dispatch, does not provide medical advice, and does not guarantee that emergency services will be contacted.

6.2 No Guarantee of Notification or Response. Dormu does not guarantee that any alert, message, notification, communication, or SOS event will be successfully generated, transmitted, delivered, received, accessed, viewed, read, understood, responded to, or acted upon in a timely manner or at all. Without limiting the foregoing, Dormu has no duty to monitor, verify, confirm, or follow up on any event or communication, and Dormu shall have no liability for any failure, delay, interruption, error, omission, or inaccuracy in any alert, notification, message, or other communication transmitted through or in connection with the Services.

For clarity, Dormu’s use of “Real-Time,” “instant,” “instantly,” “immediate,” “immediately,” “within seconds,” or similar language does not override this Section. Those terms mean as quickly as possible after Dormu receives the information required from the User’s device to perform the applicable automated function.

6.3 User Responsibility for Emergencies. If you believe you or any other person is experiencing a medical emergency or immediate danger, you should call 911 or the appropriate emergency services provider immediately.

7. Device, Sensor, Location, and Safe Zone Accuracy Limitations (Important)

7.1 No Guarantee of Sensor Accuracy. You acknowledge that Dormu’s inactivity monitoring, immobility monitoring, and fall detection rely on device-level signals and sensor inputs that may be inaccurate, incomplete, interrupted, delayed, misclassified, or unavailable for any reason, including hardware issues, OS restrictions, device calibration limitations, environmental interference, or user behavior. Without limiting the foregoing, fall detection specifically may fail to detect an actual fall or may generate a false positive, and Dormu does not guarantee the accuracy, sensitivity, or reliability of fall detection under any circumstances.

7.2 Background Operation Limitations. You acknowledge that mobile operating systems may restrict background activity, refresh intervals, and sensor access in ways that can impair the Services. These restrictions may be affected by device model, OS version, battery optimization settings, low power mode, app permission settings, and manufacturer-specific software configurations. As described in Section 5.3.2, fall detection on Apple iOS devices specifically requires the App to be open and in the foreground and will not function while the App is closed, backgrounded, or your device is locked.

7.3 Location Accuracy Limitations. You acknowledge that location information may be materially impacted by GPS drift, indoor positioning limitations, multipath effects, tall buildings, tunnels, weather, weak cellular service, limited Wi-Fi availability, device antenna quality, or operating system prioritization.

7.4 Safe Zone / Geofencing Limitations. You acknowledge and agree that Safe Zones may produce erroneous events (including false entry, false exit, delayed entry, delayed exit, or failure to detect). Safe Zones are not guaranteed to reflect real-time location and may not be appropriate for time-sensitive emergency determinations.

7.5 Notification Delivery Limitations. Dormu does not control wireless carriers, internet service providers, push notification systems, or device-level notification settings. Dormu does not guarantee delivery, timeliness, or visibility of notifications and messages, including SMS, push notifications, or email alerts.

7.6 No Duty to Verify. Dormu has no duty to verify the accuracy of mobility, inactivity, Safe Zone events, or location information, and you agree that you are solely responsible for how you interpret or use such information.

8. Contact Network; Consent; User Responsibility; Monitoring Limitations

8.1 Contact Network Setup. The Services may allow you to designate one or more individuals to receive notifications, alerts, communications, or other messages initiated through your Account or generated by Dormu based on your settings and enabled features (each, a “Contact Network” member). You acknowledge and agree that Dormu may send communications to your Contact Network that may include, without limitation, your location information, Safe Zone events, Account status indicators, inactivity or immobility alerts, SOS alerts, and related communications when triggered by your settings, device signals, system logic, or your use of the Services.

8.2 Consent Required. You represent, warrant, and covenant that you have obtained each Contact Network member’s prior express consent (and any other consent required by applicable law) to receive communications from Dormu and its service providers in connection with the Services, including communications delivered via SMS/text message, push notification, email, telephone, or other electronic means. You further represent and warrant that you have the legal right and authority to provide Dormu with each Contact Network member’s contact information for such purposes.

8.3 Responsibility for Third-Party Contact Information. You represent and warrant that all phone numbers, email addresses, and other contact information that you provide for Contact Network members are accurate, current, and authorized for the intended purpose. You agree that you (and not Dormu) are solely responsible for selecting, managing, updating, and removing Contact Network members. You agree to indemnify, defend, and hold harmless Dormu from and against any claims arising out of or relating to your failure to obtain proper consent or your provision of unauthorized or inaccurate contact information.

8.4 No Liability for Contact Network Actions or Inactions. You acknowledge and agree that Dormu has no control over, and shall have no liability for, any Contact Network member’s actions or omissions, including any delayed response, failure to respond, inability to act, misunderstanding, misuse or illegal use of information, disclosure or redistribution of information, reliance upon alerts, or failure to take any action based on any information transmitted through the Services.

8.5 No Staffed Monitoring; No Duty to Verify or Escalate. You acknowledge and agree that Dormu is not a staffed monitoring service, emergency response provider, dispatch center, medical provider, or call center. Dormu’s monitoring, detection, and notification functions are automated and operate subject to the settings, limitations, and dependencies described in this Agreement. Dormu does not undertake any duty to independently or manually monitor you, your device, your activity, your location, your Safe Zones, or any alerts. Dormu has no duty or obligation to independently verify events, confirm your status, contact your Contact Network, contact any third party, or escalate any alert beyond the automated functionality and notification flows that may be enabled through your Account settings at the time of the event.

8.6 You Control Settings; You Assume Risk. You acknowledge and agree that you are solely responsible for configuring your preferences, permissions, monitoring schedule (if any), Safe Zones, notification settings, and Contact Network, and for ensuring that your device settings permit the Services to operate as intended. You assume all risk arising from your selection of Contact Network members, the information shared with them, and your use of the Services for safety-related awareness.

8.7 Remote Access Authorization and Consent. If you enable Remote Access, you represent and warrant that you are authorized to grant the selected person access to the applicable Account, Device Status Information, location, monitoring, or configuration information. A person receiving Remote Access may use the Services only for purposes authorized by the User and may not use Remote Access to stalk, harass, coerce, surveil, or track another person without that person’s knowledge and legally required consent. Dormu may suspend or revoke Remote Access where Dormu reasonably believes the feature is being misused or where required by law.

9. TCPA / Automated Communications Consent (Including Contact Network)

9.1 Consent to Communications. By using the Services, you expressly consent to receive communications from Dormu and its service providers by mail, telephone, text message (SMS/MMS), push notification, email, and other electronic means, including communications sent using automated technology, which may include auto-dialers or similar systems, to the maximum extent permitted by law.

9.2 Consent on Behalf of Contact Network. By providing Contact Network information and enabling alert delivery, you represent and warrant that you have obtained express consent from each Contact Network member to receive communications from Dormu related to your alerts, activity, inactivity or immobility events, Safe Zones, location updates, and SOS events.

9.3 Message and Data Rates. You acknowledge that standard message and data rates may apply to you and your Contact Network members. Dormu is not responsible for such charges.

9.4 Opt-Out. Where supported, a recipient may opt out of SMS messages by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. You acknowledge that opt-out by you or any Contact Network member may impair Dormu’s ability to provide notifications. Dormu does not guarantee that opt-out will apply to non-SMS channels (such as push notifications) and does not guarantee that opt-out will not prevent related communications.

9.5 No Condition of Purchase. To the extent required by law, you acknowledge that consent to receive marketing or promotional text messages is not a condition of purchase. However, safety-related messages may be necessary for core functionality.

10. Acceptable Use; False Alerts; Excess Alarm Events

10.1 General. You agree to use the Services only for lawful purposes and in accordance with this Agreement.

10.2 False Alerts. You acknowledge that the Services may generate false alerts or false notifications due to device sensor error, OS behavior, location inaccuracies, intermittent connectivity, environmental factors, system errors or user settings.

10.3 Excess Alarm Events. You agree that you will not misuse the Services in a way that generates excessive, unnecessary, fraudulent, abusive, malicious, or repetitive alerts, notifications, or SOS events. You further agree to take reasonable steps to configure settings appropriately and to mitigate repeated false alerts when possible.

10.4 Dormu Enforcement. Dormu reserves the right, in its sole discretion, to impose usage limits, disable alert functionality, suspend or terminate Accounts, or take other measures if Dormu determines that your Account is generating excessive alerts or is being used improperly.

11. Prohibited Uses

You shall not, and shall not permit or assist any third party to, directly or indirectly:

• (a) copy, reproduce, distribute, publicly display, publicly perform, republish, download, transmit, or create derivative works of any portion of the Services except as expressly permitted by this Agreement;
• (b) reverse engineer, decompile, disassemble, decode, attempt to derive source code, or otherwise attempt to extract the algorithms, methods, or techniques embodied in the Services or any portion thereof;
• (c) access or use the Services through any automated means not authorized by Dormu, including scraping, crawling, harvesting, bots, scripts, or similar tools;
• (d) interfere with, disrupt, damage, disable, overburden, or impair the integrity, availability, performance, or security of the Services or any servers, networks, or systems connected to the Services;
• (e) circumvent, disable, remove, or otherwise interfere with any security-related features of the Services or features that prevent or restrict use or copying of any content or Dormu Materials;
• (f) upload, transmit, or distribute viruses, malware, ransomware, spyware, or other harmful code or content through or in connection with the Services;
• (g) impersonate any person or entity, misrepresent your identity, or misrepresent your affiliation with any person or entity;
• (h) use the Services for any unlawful, harmful, abusive, fraudulent, deceptive, or malicious purpose;
• (i) use the Services to stalk, harass, threaten, intimidate, abuse, surveil, monitor, track, or otherwise interfere with the safety, privacy, or rights of any person, including by attempting to obtain or share another person’s location or activity without their knowledge and express consent, or in violation of applicable law;
• (j) use the Services in connection with domestic abuse, coercive control, or any conduct intended to restrict another person’s autonomy or freedom of movement;
• (k) collect, store, disclose, or transmit personal information of any third party without a lawful basis, including without limitation by adding a person to a Contact Network or sharing location information without such person’s permission and required consent;
• (l) use the Services for any commercial purpose or for the benefit of any third party except as expressly authorized in writing by Dormu;
• (m) use the Services in any manner that infringes, violates, or misappropriates the intellectual property rights, privacy rights, publicity rights, or other rights of any third party;
• (n) generate excessive, unnecessary, false, misleading, abusive, or fraudulent alerts, notifications, or SOS events, or otherwise misuse the Services in a manner that creates undue burden on Dormu’s systems or other users;
• (o) access, probe, scan, or test the vulnerability of the Services or any Dormu systems or networks, or breach or attempt to breach any security or authentication measures; or
• (p) violate any applicable law, statute, rule, ordinance, or regulation, including laws relating to harassment, stalking, privacy, consumer protection, telecommunications, or the unauthorized monitoring or tracking of individuals.

Dormu reserves the right to investigate suspected violations of this Section and to suspend or terminate any Account, disable features, or take other action in Dormu’s sole discretion, including reporting to law enforcement where appropriate.

12. Subscriptions; Billing; Pricing; Auto-Renewal; Cancellation

12.1 Subscription Plans. Dormu may offer paid Subscriptions. Features may vary by tier and platform.

12.1.1 Current Subscription Tiers. Dormu currently offers subscription tiers identified as Basic, Standard, and Premium. As displayed on the Dormu website as of the Last Updated date of this Agreement, the Basic plan is $1.99 per month, the Standard plan is $4.99 per month, and the Premium plan is $9.99 per month. The plan, price, included features, Contact Network limits, trial or promotional terms (if any), and billing frequency presented to you at the time of purchase control your purchase, subject to applicable law.

12.1.2 Basic, Standard, and Premium Plans. The features, functionality, Contact Network limits, and other benefits included with each Subscription tier are those presented to you at the time of purchase and may change as provided in this Agreement.

12.1.3 Feature Availability and Changes. Features, device compatibility, plan names, Contact Network limits, and functionality may vary by platform, device, operating system, geographic location, App version, or subscription channel. Dormu may add, modify, move between tiers, replace, or discontinue features or plans from time to time, subject to applicable law and any required notice. The description shown at the time of purchase governs the features included with your plan.

12.2 Payment Processing. Payments may be processed through Apple, Google, or other payment processors. You agree to comply with their applicable terms.

12.3 Auto-Renewal. Unless canceled before renewal, your Subscription will renew automatically and you authorize charges.

12.4 Cancellation. You may cancel through your subscription platform. Cancellation becomes effective at the end of the billing period.

12.5 Changes to Services, Subscription Pricing and Other Features. Dormu reserves the right to modify, add, discontinue, or otherwise change the Services, Subscription offerings, features, pricing, or billing terms at any time, subject to applicable law and any required notice.

12.6 No Refunds. Except where required by law, all fees are non-refundable, and Dormu provides no refunds or credits for partial billing periods or unused portions of a Subscription.

12.7 Taxes and Other Charges. Subscription prices do not include applicable sales tax or similar consumer taxes unless otherwise stated. Any applicable taxes may be added to the Subscription price and collected by Dormu or the applicable app marketplace or payment processor.

Your mobile carrier or internet service provider may separately charge you for data usage, SMS/text messaging, voice calls, roaming, or other communications services. Dormu is not responsible for these charges.

13. Mobile Software Terms; Apple and Google Terms

13.1 Mobile Software. The Services include software applications designed for mobile devices (“Mobile Software”). Dormu grants you a limited, revocable, non-exclusive, non-transferable license to use the Mobile Software solely for your personal use on devices you own or control, subject to this Agreement.

13.2 Apple App Store Terms. If you downloaded the App from Apple’s App Store:

• (a) You acknowledge this Agreement is between you and Dormu, not Apple Inc. (“Apple”).
• (b) Apple has no obligation to provide any maintenance or support services.
• (c) Apple is not responsible for addressing claims relating to the App, including product liability claims, consumer protection claims, or intellectual property infringement claims.
• (d) In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any), and Apple will have no other warranty obligation.
• (e) You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

13.3 Google Play Terms. If you downloaded the App from Google Play:

• (a) You acknowledge this Agreement is between you and Dormu, not Google LLC (“Google”).
• (b) You must comply with Google Play’s then-current terms of service.
• (c) Google is a third-party beneficiary of this Agreement with respect to your license of the App and may enforce such terms as applicable.

14. Ownership; Intellectual Property; Feedback

14.1 Dormu Materials. The Services and Dormu Materials are owned by Dormu or its licensors and are protected by law.

14.2 License. Dormu grants you a limited, revocable, non-exclusive license to use the Services solely as permitted by this Agreement.

14.3 Feedback. If you provide feedback, you irrevocably assign it to Dormu and Dormu may use it without restriction or compensation.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DORMU DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND PRIVACY. DORMU DOES NOT WARRANT THAT INACTIVITY, IMMOBILITY, FALL DETECTION, LOCATION, SAFE ZONES, SOS, ALERTS, OR NOTIFICATIONS WILL BE ACCURATE, ERROR-FREE, TIMELY, OR SUCCESSFULLY DELIVERED.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DORMU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, PERSONAL INJURY, OR DEATH ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DORMU’S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO DORMU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS AND THESE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

17. Indemnification

You agree to defend, indemnify, and hold harmless Dormu from and against any and all claims, demands, actions, damages, liabilities, losses, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of this Agreement; (c) your violation of applicable law; (d) your violation of any third-party rights, including privacy, publicity, or intellectual property rights; (e) your designation, invitation, setup, or use of any Contact Network member, including without limitation any failure to obtain required consents; and (f) any act or omission of any Contact Network member, including any misuse or illegal use, disclosure, redistribution, reliance upon, or failure to respond to any alerts, location information, status updates, or other communications transmitted through the Services at your direction or based on your settings.

18. Suspension; Termination

18.1 Termination by You. You may stop using the Services at any time. Deleting the App does not cancel a Subscription and you must cancel through your subscription platform.

18.2 Termination by Dormu. Dormu may suspend or terminate your access to the Services with or without notice if Dormu reasonably believes you violated this Agreement, created risk or harm, generated excessive false alerts, or termination is required by law or for security purposes.

18.3 Effect. Upon termination, your rights to use the Services immediately cease.

19. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND MAY REQUIRE YOU TO RESOLVE DISPUTES WITH DORMU THROUGH BINDING ARBITRATION INSTEAD OF IN COURT. THIS SECTION INCLUDES A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

19.1 Informal Resolution Required (Notice of Claim; Good Faith Negotiations). Before initiating arbitration or any court proceeding (except as expressly permitted in Section 19.7), you agree to first provide Dormu with written notice of the dispute (“Notice of Claim”) by emailing legal@dormu.tech. Your Notice of Claim must include: (a) your full legal name; (b) the email address and phone number associated with your Account; (c) a description of the nature and basis of the dispute; (d) the specific relief sought; and (e) sufficient information to permit Dormu to evaluate the dispute. You and Dormu agree to attempt in good faith to resolve the dispute informally for a period of thirty (30) days from Dormu’s receipt of a complete Notice of Claim (the “Informal Resolution Period”). The Informal Resolution Period may be extended by written agreement of the parties.

19.2 Agreement to Arbitrate. Except as expressly provided in Section 19.7 below, you and Dormu agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, your access to or use of the Services, any communications you receive from Dormu, any purchase or Subscription, or the validity, enforceability, or scope of this Section 19 (each, a “Claim”), shall be resolved exclusively through final and binding arbitration on an individual basis.

19.3 Arbitration Administrator; Rules; Governing Law. The arbitration shall be administered by the American Arbitration Association (“AAA”) and shall be conducted under the AAA Consumer Arbitration Rules (the “AAA Rules”), as modified by this Agreement. The AAA Rules and forms for initiating arbitration are available at www.adr.org or by calling the AAA at 1-800-778-7879. This Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section 19.

19.4 Arbitration Procedures; Location; Hearing Format.

• (a) Initiating Arbitration. A party who intends to initiate arbitration must first complete the Informal Resolution process described in Section 19.1. The arbitration demand must be individualized and must be filed with the AAA in accordance with the AAA Rules.
• (b) Location. Unless the parties agree otherwise or the arbitrator determines otherwise as permitted under the AAA Rules, any in-person arbitration hearing shall take place in the county of your primary residence in the United States.
• (c) Remote Hearings. The parties agree that arbitration may be conducted by videoconference, teleconference, or on written submissions, unless an in-person hearing is required by the arbitrator or applicable law.
• (d) Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all Claims, including disputes relating to the interpretation, applicability, enforceability, or formation of this Agreement and this Section 19, except that a court of competent jurisdiction shall decide issues relating to the enforceability of the class action waiver in Section 19.6.
• (e) Remedies. The arbitrator may award any relief that would be available in an individual action in a court of competent jurisdiction, subject to the limitations of liability and disclaimers set forth in this Agreement. The arbitrator may not award relief on a class, collective, representative, or public injunctive basis except to the extent such limitation is prohibited by applicable law.

19.5 Arbitration Fees and Costs. Payment of arbitration filing fees and arbitrator fees shall be governed by the AAA Rules and applicable law. Dormu will not seek to recover its arbitration fees from you unless the arbitrator determines that your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b) or an equivalent standard under applicable law). Each party shall bear its own attorneys’ fees and costs unless otherwise required by applicable law or awarded by the arbitrator.

19.6 Class Action Waiver; Representative Proceedings Waiver; Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• (a) YOU AND DORMU 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, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
• (b) NO ARBITRATION OR PROCEEDING SHALL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES.
• (c) THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND MAY NOT AWARD RELIEF TO ANY PERSON OTHER THAN THE INDIVIDUAL PARTY SEEKING RELIEF.
• (d) YOU AND DORMU EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES.

19.7 Exceptions to Arbitration. Notwithstanding the foregoing, either party may:

• (a) bring an individual action in small claims court, provided the action remains in small claims court and proceeds only on an individual basis; and/or
• (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

19.8 Time Limit to Bring Claims. To the fullest extent permitted by applicable law, any Claim must be brought within one (1) year after the Claim arises; otherwise, the Claim is permanently barred.

19.9 Opt-Out of Arbitration. You have the right to opt out of the arbitration provisions of this Section 19 by sending written notice of your decision to opt out to legal@dormu.tech within thirty (30) days of the date you first accept this Agreement (the “Opt-Out Notice”). The Opt-Out Notice must include: (a) your full name; (b) the email address associated with your Account; (c) your mailing address; and (d) a clear statement that you wish to opt out of arbitration. If you timely provide an Opt-Out Notice, any disputes between you and Dormu will be resolved in accordance with Section 21 (Governing Law; Venue). Opting out of arbitration does not affect any other provisions of this Agreement.

19.10 Severability. If any portion of this Section 19 is found to be unlawful, void, or unenforceable, that portion shall be severed and the remainder of this Section 19 shall remain in full force and effect. If a court determines that any portion of the class action waiver in Section 19.6 is unenforceable for a particular Claim, then that Claim shall proceed in a court of competent jurisdiction and not in arbitration, to the extent required by applicable law.

19.11 Survival. This Section 19 shall survive termination of this Agreement and the termination of your Account, and shall remain enforceable notwithstanding any other provision of this Agreement.

20. Complaints; Customer Support; California Notice

20.1 Support. If you have questions, complaints, or issues regarding the Services, you may contact Dormu at support@dormu.tech.

20.2 California Residents. Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

20.3 Non-Secure Communications. You acknowledge that email communications may not be secure and you should not include sensitive information in emails.

21. Governing Law; Venue

21.1 Governing Law. Except as otherwise required by applicable law, this Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.

21.2 Venue for Court Proceedings. To the extent that any Claim is not subject to arbitration under Section 19, or to the extent a Claim may be brought in court as expressly permitted under Section 19 (including but not limited to small claims actions and claims for injunctive or other equitable relief related to intellectual property rights), you and Dormu agree that such Claim shall be brought exclusively in the state or federal courts located in Fulton County, Georgia, and each party hereby irrevocably submits to the personal jurisdiction of such courts and waives any objection based on improper venue or forum non conveniens.

21.3 Injunctive Relief. Nothing in this Agreement shall prevent either party from seeking temporary restraining orders, preliminary injunctions, or other equitable relief in a court of competent jurisdiction as necessary to prevent irreparable harm, including to protect intellectual property rights, pending the completion of arbitration.

21.4 International Users. If you access or use the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local laws. Dormu makes no representation that the Services are appropriate or available for use in jurisdictions outside the United States.

22. General Terms

22.1 Assignment. You may not assign this Agreement without Dormu’s prior written consent. Dormu may assign this Agreement without restriction.

22.2 Severability. If any provision of this Agreement is held unlawful or unenforceable, the remainder will remain in full force and effect.

22.3 No Waiver. Dormu’s failure to enforce any provision does not waive Dormu’s right to enforce that provision later.

22.4 Entire Agreement. This Agreement constitutes the entire agreement between you and Dormu regarding the Services and supersedes all prior agreements.

22.5 Survival. Sections relating to privacy (as applicable), disclaimers, limitations of liability, indemnification, dispute resolution, and any provisions that should survive will survive termination.

22.6 Force Majeure. Dormu shall not be liable for any failure or delay due to causes beyond Dormu’s reasonable control, including outages, carrier failures, acts of God, labor disputes, war, terrorism, civil unrest, or governmental actions.

22.7 Marketing Descriptions and Testimonials. Marketing descriptions, examples, illustrations, statistics, response-time references, and testimonials are intended to describe or illustrate the Services and user experiences and do not create a warranty or guarantee of any particular safety outcome, detection result, response time, location accuracy, notification delivery, or emergency response. Individual experiences may vary.

23. Anti-Stalking; Prohibited Misuse; Abuse Reporting

Dormu is intended to support personal safety and peace of mind and is not designed, marketed, or intended to be used for stalking, harassment, intimidation, coercive control, abuse, unlawful surveillance, or any other misuse that violates another person’s rights or applicable law. You agree that you will not use, and will not attempt to use, the Services to monitor, track, locate, or otherwise observe any individual without that individual’s knowledge and express consent, except to the limited extent permitted by applicable law (and, where applicable, with all required consents).

You acknowledge and agree that any use of the Services to facilitate stalking, harassment, domestic abuse, coercive control, or unauthorized tracking is a material violation of this Agreement. Dormu reserves the right, in its sole discretion and without notice or liability, to investigate suspected misuse, to suspend or terminate any Account, to disable or restrict features, to refuse service, and/or to take any other action Dormu deems appropriate, including cooperating with or making reports to law enforcement, regulatory authorities, or third parties as permitted by applicable law.

If you believe the Services are being used to stalk, harass, threaten, or unlawfully monitor or track you or another person, you should contact local law enforcement immediately. You may also notify Dormu by contacting us at: abuse@dormu.tech or support@dormu.tech. Dormu may request information necessary to investigate the report and may take action as described above; however, Dormu does not guarantee any particular outcome or timeframe for review or resolution.

24. Third-Party Services; Third-Party Providers; External Dependencies

The Services may rely on, integrate with, or otherwise interact with third-party services, software, systems, platforms, networks, products, and providers that are not owned or controlled by Dormu (collectively, “Third-Party Services”). Third-Party Services may include, without limitation: mobile device operating systems and app marketplaces (such as Apple iOS / App Store and Google Android / Google Play); wireless carriers and internet service providers; GPS, mapping, geolocation, geocoding, and location accuracy services; push notification delivery systems; SMS and voice communication providers; cloud hosting and data storage providers; analytics, diagnostics, crash reporting, and performance monitoring tools; and other application programming interfaces (“APIs”) or third-party integrations.

You acknowledge and agree that: (a) the availability, functionality, accuracy, timeliness, reliability, and security of the Services may depend in whole or in part on Third-Party Services; (b) Third-Party Services may impose limitations, downtime, service interruptions, throttling, geolocation drift, delivery delays, background refresh restrictions, or other constraints that may prevent, delay, degrade, or impair the Services (including inactivity monitoring, immobility monitoring, location updates, Safe Zone events, SOS features, and notifications); and (c) Dormu has no control over, and shall have no responsibility or liability for, any Third-Party Services, including any act, omission, error, delay, failure, disruption, unavailability, inaccuracy, suspension, or termination of such Third-Party Services.

Dormu does not warrant, endorse, guarantee, or assume responsibility for any Third-Party Services, or for any products, services, content, information, advertisements, offers, or other materials made available by or through Third-Party Services. Your access to and use of any Third-Party Services is solely between you and the applicable third party and may be subject to such third party’s terms, conditions, and privacy policies. Dormu is not a party to, and disclaims all liability arising from or relating to, any transaction, interaction, dispute, or relationship between you and any third party.

To the maximum extent permitted by applicable law, Dormu shall not be liable for any damages, losses, claims, injuries, costs, or liabilities arising out of or relating to any Third-Party Services, including without limitation any failure of alerts, location sharing, Safe Zone triggers, inactivity or immobility detection, communications delivery, or other core functionality due to Third-Party Services.

25. Contact Information

Dormu, LLC
Email: support@dormu.tech
Legal: legal@dormu.tech
Website: https://www.dormu.tech