1. Agreeing to these terms
By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, Safety Disclaimer and Acceptable Use Policy, which are part of these Terms. If you do not agree, do not use the Service.
2. SafeMigo is not an emergency service
SafeMigo does not contact 911, police, fire, ambulance or any emergency service. It sends alerts to people you choose. Those people may be unavailable, asleep, out of signal, or unable to help. In an emergency, always call 911 or your local emergency number first.
The Service depends on things outside our control, including your phone, its battery, settings and operating system, permissions you grant, GPS and network signal, and push notification systems run by Apple and Google. Alerts can be delayed, inaccurate or not delivered at all. Do not rely on SafeMigo as your only means of getting help. Read the full Safety Disclaimer.
3. Who can use SafeMigo
You must be at least 13 years old. If you are under 18 (or the age of majority where you live), you may use SafeMigo only with the permission and supervision of a parent or legal guardian, who agrees to these Terms on your behalf. You may not use the Service if you are barred from doing so under applicable law.
4. Your account
- Give accurate information and keep it up to date.
- Keep your password and phone secure. You are responsible for activity on your account.
- Tell us right away at support@safemigo.com if you think your account has been used without permission.
- One person per account. Do not share accounts or create one for someone else without their permission.
5. How the Service works
SafeMigo offers features such as check-in timers, SOS, shake, crash and fall detection, Watch Zones and zone check-ins, circles, Safe Trip, live and approximate location sharing, Safe Code and Area Safety Grades. Features may change, be added or removed. Detection features such as crash and fall detection use phone sensors and can miss real events or trigger on events that are not emergencies.
Area Safety Grades and related information come from third-party and public data sources. They are general information, may be incomplete or out of date, and are not a guarantee that any place is safe or unsafe.
6. Adding other people
When you add an emergency contact or invite someone to a circle, you confirm that you know them and have a legitimate reason to share safety information with them. Location sharing must be with the knowledge and consent of the person whose location is shared (or, for a minor, their parent or legal guardian). You may not use SafeMigo to track, monitor or follow anyone without their consent.
7. Acceptable use
You agree to follow the Acceptable Use Policy. In short: do not use SafeMigo to stalk, harass or harm anyone; do not send false emergency alerts; do not break the law; and do not interfere with or try to break the Service.
8. Paid plans
Some features may require a paid plan (“Pro”). Emergency features (SOS, Shake for SOS, crash and fall detection, Safe Code and emergency alerts to your contacts) are not placed behind a paid plan.
- Paid plans are purchased through the Apple App Store or Google Play and are billed by them under their terms. Prices are shown before you buy.
- Subscriptions renew automatically at the end of each period unless you cancel at least 24 hours before renewal in your Apple ID or Google Play subscription settings.
- Refunds are handled by Apple or Google under their refund policies. Deleting the app or your account does not cancel a subscription.
- We may change prices or plan features with advance notice. Price changes apply from your next renewal after notice.
9. Your content
You keep ownership of what you put into SafeMigo (such as names, places, notes and recordings). You give us a limited license to store, process and transmit it only as needed to run, secure and improve the Service and as described in the Privacy Policy. You are responsible for having the right to share anything you add.
10. Our property
The Service, including the SafeMigo name, logo, design and software, belongs to us and our licensors and is protected by law. We give you a personal, non-transferable, revocable license to use the app for its intended purpose. You may not copy, modify, reverse engineer, resell or create derivative works from the Service except where the law allows it.
11. Third-party services
The Service relies on third parties such as Apple, Google, mapping and data providers. Their services are governed by their own terms, and we are not responsible for them. Your use of the App Store or Google Play is subject to their terms. Apple and Google are not parties to these Terms and have no obligation to support the app.
12. Disclaimers
TO THE FULLEST EXTENT ALLOWED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT ALERTS WILL BE DELIVERED, THAT LOCATIONS WILL BE ACCURATE, OR THAT ANY DETECTION FEATURE WILL DETECT AN EVENT. SAFEMIGO DOES NOT GUARANTEE ANYONE’S SAFETY.
13. Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW, SAFEMIGO AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR GOODWILL, OR FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM A DELAYED, FAILED OR INACCURATE ALERT, LOCATION, DETECTION OR OTHER FEATURE, OR FROM THE ACTIONS OR INACTION OF ANY CONTACT, CIRCLE MEMBER OR THIRD PARTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) US $50.
Some places do not allow certain disclaimers or limits on liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, including for gross negligence, willful misconduct, or death or personal injury caused by our negligence where such limits are prohibited.
14. Indemnity
To the extent allowed by law, you agree to defend and hold harmless SafeMigo from claims, losses and costs (including reasonable attorneys’ fees) arising from your misuse of the Service, your violation of these Terms, or your violation of anyone else’s rights, including tracking someone without consent or sending a false alert.
15. Ending your use
You can stop using SafeMigo and delete your account at any time. We may suspend or end your access if you violate these Terms or the Acceptable Use Policy, if required by law, or to protect others. Where reasonable, we will tell you first. Sections that by their nature should survive (such as disclaimers, limitation of liability, indemnity and disputes) survive termination.
16. Disputes and governing law
Please contact us first at support@safemigo.com so we can try to resolve any concern informally; most issues can be settled that way. If we cannot resolve it within 60 days, these Terms are governed by the laws of the United States and of the U.S. state in which the operator of SafeMigo is based, without regard to conflict-of-law rules, and any dispute will be brought in the state or federal courts located where the operator of SafeMigo is based, unless the law where you live gives you the right to bring claims in your local courts. Either party may bring an individual claim in small-claims court where it qualifies.
17. General
- Changes. We may update these Terms. We will change the “Last updated” date and, for significant changes, tell you in the app or by email before they take effect. Continuing to use the Service after that means you accept the updated Terms.
- Entire agreement. These Terms and the policies they reference are the whole agreement between you and us about the Service.
- Severability. If any part is found unenforceable, the rest stays in effect.
- No waiver. Not enforcing a term is not a waiver of our right to enforce it later.
- Assignment. You may not transfer these Terms. We may transfer them as part of a merger, acquisition or sale of assets.