GUNSENS INC – TERMS OF SERVICE

 

Effective Date: October 1, 2023

Last Updated: February 15, 2025

 

GUNSENS INC. ("Gunsens," "we," "us," or "our") provides firearm threat detection technology, including the GUNSENS Sensor and GUNSENS Cloud service. By purchasing, subscribing to, or using Gunsens Products, you acknowledge and agree to the following Terms of Service ("Terms").

 

1. Acceptance of Terms

 

1.1. Binding Agreement: By installing, subscribing to, or using any Gunsens Products, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, you must not use Gunsens Products.

 

1.2. Clickwrap Agreement: You must affirmatively accept these Terms by checking a box or clicking "I Agree" before using our services.

 

1.3. Updates to Terms: We may update these Terms periodically. Continued use after an update constitutes acceptance of the revised Terms.

 

2. Description of Services

 

2.1. Products Covered: Gunsens provides firearm threat detection devices ("GUNSENS Sensor") and a cloud-based alert system ("GUNSENS Cloud"), collectively referred to as “Gunsens Products.”

 

2.2. SOS Panic Button Subscription: Gunsens offers an SOS Panic Button service available via a separate paid subscription.

 

2.3. No Guaranteed Performance: Gunsens does not guarantee continuous service, accuracy, or detection reliability.

 

3. Permitted Use and Restrictions

 

3.1. Lawful Use Only: Gunsens Products must be used in compliance with all applicable laws. Any misuse may result in termination of service and potential legal consequences.

 

3.2. Prohibited Use: You may not:

• Modify, tamper with, or reverse-engineer Gunsens hardware or software.
• Use Gunsens Products to harass, monitor, or track individuals without consent.
• Rely solely on Gunsens Products for emergency response.

 

3.3. Account Security: You are responsible for securing your login credentials. Gunsens is not liable for unauthorized access due to user negligence.

 

3.4. Member Tiers:

• Gunsens accounts have four member tiers: Owners, Admins, Viewers, and Kids.
• Owners and Admins manage accounts, invite members, and install Gunsens devices.
• Viewers receive alerts, view shared videos, and read/write comments.
• Kids have the same permissions as Viewers except that they can only view their own Videos and read their own Comments to prevent accidental exposure to violence.

 

4. Subscription and Payment Terms

 

4.1. Subscription Fees: Some Gunsens services require recurring payments. Failure to pay will result in suspension or termination of your subscription.

 

4.2. No Refunds: Payments are non-refundable, except where required by law.

 

5. No Warranty & Legal Disclaimers

 

5.1. No Guarantee of Accuracy: Gunsens Products are designed to detect firearm threats, but false positives and false negatives may occur. Gunsens is not responsible for missed detections or incorrect alerts.

 

5.2. No Emergency Service Guarantee:

• GUNSENS IS NOT A REPLACEMENT FOR 911 OR EMERGENCY SERVICES.
• The SOS Panic Button feature may notify designated contacts but does not guarantee emergency response from law enforcement.

 

5.3. User Responsibility: You acknowledge that:

• Gunsens Products are only an aid and should not replace trained security personnel or law enforcement protocols.
• You are responsible for evaluating the reliability of any Gunsens alerts before taking action.

 

5.4. Third-Party Service Limitations: Gunsens integrates with third-party services (e.g., emergency response platforms), but we are not liable for failures, delays, or outages of these external services.

 

5.5. No Warranties: Gunsens Products are provided "AS IS" and "AS AVAILABLE" without any guarantees of uninterrupted service or accuracy.

 

5.6. Limitation of Liability:

Gunsens Inc. shall not be liable for injuries, deaths, property damage, or losses arising from false alerts, missed detections, misuse, or reliance on Gunsens Products.

 

6. Indemnification

 

6.1. User Responsibility: You agree to defend, indemnify, and hold harmless Gunsens Inc. from any claims, liabilities, or damages resulting from:

• Misuse of Gunsens Products.
• Violations of these Terms.
• Third-party claims arising from your use of Gunsens services.

 

7. Account Deletion and Data Loss

 

7.1. If you choose to delete your Owner account, you acknowledge and agree that all associated data—including data from any linked Admin, Viewer, or Kid accounts—will be permanently deleted. This includes but is not limited to user information, alert history, device data, videos, comments, and floor plan configurations.

 

7.2. Deletion is irreversible. Once your account is deleted, Gunsens will not be able to recover any data tied to your account or its sub-accounts.

 

7.3. By proceeding with deletion, you accept full responsibility for the loss of this data. Gunsens is not liable for any direct, indirect, incidental, or consequential damages resulting from the deletion of your account or its associated data.

 

We strongly recommend exporting or backing up any important data before initiating account deletion.

 

8. Dispute Resolution & Arbitration

 

8.1. Mandatory Arbitration: Any disputes shall be resolved exclusively through binding arbitration under the American Arbitration Association (AAA) rules.

 

8.2. Class Action Waiver: You waive any right to participate in a class-action lawsuit against Gunsens Inc.

 

8.3. Governing Law & Venue: These Terms are governed by the laws of the State of Florida, and any disputes must be arbitrated in Miami, Florida.

 

9. Contact Information

 

For inquiries, email [email protected].

 

10. Amendments & User Acknowledgment

 

10.1. Right to Modify: Gunsens reserves the right to modify these Terms at any time.

 

10.2. User Agreement: By using Gunsens Products, you confirm that you have read, understood, and accepted these Terms.

 

11. Third-Party Services

 

11.1 Our services include integrations with third-party platforms such as RapidSOS. By using the Gunsens app, you also agree to be bound by the applicable RapidSOS End User Terms, which can be found at https://rapidsos.com/legal/terms-of-use/. These terms are incorporated by reference into our Terms of Service.

 

11.2 Gunsens offers emergency monitoring services through these integrations solely as a supplemental communication tool and not as a guaranteed life-saving or dispatch service. Neither Gunsens nor its third-party monitoring providers (including RapidSOS and C.O.P.S. Monitoring) guarantee the receipt, transmission, or response to any emergency signal or the dispatch of emergency personnel. These services are subject to technical limitations and may fail or be delayed due to network issues, device errors, or other factors beyond our control. You should not rely exclusively on these services in an emergency. If you are in immediate danger, call 911 directly. Gunsens is not liable for any delay, error, or failure in connection with these third-party services.

11.3. Responsibility for Third-Party Terms and Use.

 

By using any features in the Gunsens app that rely on third-party services such as RapidSOS, you acknowledge and agree to the following:

• You are solely responsible for reviewing and complying with any applicable third-party terms, including but not limited to RapidSOS End User Terms, which are incorporated by reference.
• You understand that third-party services are subject to their own terms, limitations, and privacy policies, and may be modified or discontinued at any time without notice.
• Gunsens is not responsible for the content, performance, accuracy, or reliability of third-party services or for ensuring continued access or interoperability with such services.
• You further acknowledge that emergency services functionality is not guaranteed, and you release Gunsens from any liability arising out of your reliance on any third-party services, including any delay or failure in emergency response, service availability, or data transmission.

Gunsens reserves the right to suspend or discontinue access to any third-party integration at any time, including in cases where the third-party terms are not accepted, or where use of the services would violate applicable laws or agreements with the provider.

 

12. Service Suspension and Availability

 

Emergency monitoring features may be subject to suspension or discontinuation at any time, including, but not limited to, nonpayment by Gunsens to a third-party service provider, by you, or by your account administrator. Gunsens does not guarantee the availability or uptime of any emergency monitoring service and is not liable for any damages, losses, or harm resulting from any suspension, delay, or interruption of such services. It is your responsibility to ensure that your account is in good standing and to verify the operational status of any emergency monitoring features. You should not rely exclusively on these services in an emergency. If you are in immediate danger, call 911 directly.