PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, ACCESSING, OR USING THE PUBSAFE SEARCH PARTY APPLICATION.

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This Terms of Sale and Terms of Use Agreement (the “Agreement”) is a legally binding contract between you (“User,” “you,” or “your”) and PubSafe (the “Company,” “we,” “us,” or “our”), governing your access to and use of the PubSafe Search Party mobile application (the “App”) and any related services, features, content, and purchases.

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE FULLY BOUND BY THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE MANDATORY ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND ALL DISCLAIMERS SET FORTH HEREIN.

If you do not agree to any provision of this Agreement, you must immediately cease all use of the App and uninstall it from your device.

Section 1 – Acceptance of Terms

1.1 Age Requirement

The App is intended for use by individuals who are eighteen (18) years of age or older. If you are under the age of eighteen (18), you may only use the App with the express consent and active supervision of a parent or legal guardian who agrees to be bound by this Agreement on your behalf. By using the App, you represent and warrant that you meet this age requirement or that a parent or legal guardian has provided the required consent.

1.2 Continued Use as Acceptance

Your continued access to or use of the App at any time constitutes your binding acceptance of the most current version of this Agreement, as published by the Company. If you do not agree to a modified version of this Agreement, your sole remedy is to discontinue use of the App and request deletion of your account.

1.3 Right to Modify Terms

The Company reserves the right to modify, amend, update, or replace any provision of this Agreement at any time, in its sole and absolute discretion. Notice of material changes will be provided through one or more of the following means: (a) a notice displayed within the App; (b) a notification sent to your registered account; or (c) a posting on pubsafe.net. It is your responsibility to review this Agreement regularly. Changes are effective upon posting unless a later effective date is expressly stated.

Section 2 – Description of the App

2.1 Overview

PubSafe Search Party is a mobile application designed to assist civilian-led search and party coordination activities. The App provides location sharing, real-time communication tools, mapping capabilities, and coordination features intended to support organized civilian search parties.

2.2 Civilian Tool — No Government or Emergency Affiliation

THE APP IS A CIVILIAN COORDINATION TOOL ONLY. The App is not affiliated with, endorsed by, sponsored by, or monitored by any government agency, emergency management authority, law enforcement agency, fire department, search and rescue service, emergency medical service, or any other public safety entity, whether federal, state, county, municipal, or otherwise. No government or public safety agency has reviewed, approved, or certified the App for any purpose.

2.3 Not a Substitute for Emergency Services

THE APP IS NOT A SUBSTITUTE FOR CALLING 911 OR OTHER OFFICIAL EMERGENCY SERVICES. In any situation involving risk to life, personal safety, imminent harm, or any other emergency circumstance, you must immediately contact official emergency services by dialing 911 (in the United States) or the appropriate local emergency number. Do not rely on the App in lieu of contacting emergency services.

Section 3 – Not a Lifesaving or Emergency Tool

Section 4 – User Accounts and Eligibility

4.1 Account Registration

To access certain features of the App, you must create a user account. During registration, you agree to provide accurate, current, and complete information as prompted by the registration process and to maintain and promptly update your account information to keep it accurate, current, and complete at all times.

4.2 Account Security and Confidentiality

You are solely responsible for maintaining the confidentiality of your account login credentials, including your username and password. You agree not to share your credentials with any third party and to take all reasonable steps to prevent unauthorized access to your account.

4.3 Responsibility for Account Activity

You are solely and fully responsible for all activity that occurs under your account, whether or not you authorized such activity. You agree to notify the Company immediately upon becoming aware of any unauthorized use of your account or any other breach of security by contacting the Company through pubsafe.net. The Company will not be liable for any loss or damage arising from unauthorized use of your account resulting from your failure to comply with this section.

4.4 Accuracy of Information

You represent and warrant that all information you provide to the Company in connection with your account registration and use of the App is true, accurate, current, and complete. Providing false or misleading information is a material breach of this Agreement and may result in immediate termination of your account.

Section 5 – Acceptable Use and Prohibited Conduct

5.1 Permitted Use

You may use the App solely for lawful, civilian search party coordination purposes consistent with the App’s intended functionality as described in Section 2. Any use of the App outside of its intended purpose is expressly prohibited.

5.2 Prohibited Conduct

You agree that you will not use the App, directly or indirectly, for any of the following purposes:

1. Stalking, harassing, intimidating, threatening, or otherwise causing harm to any individual;
2. Conducting unauthorized surveillance of any person;
3. Impersonating law enforcement officers, emergency personnel, government officials, or any other person;
4. Collecting or harvesting location data, personal information, or communications data of other users for any purpose other than legitimate search party coordination;
5. Violating any applicable federal, state, local, or international law or regulation;
6. Transmitting unsolicited messages, spam, or malicious code;
7. Attempting to gain unauthorized access to the App’s systems, networks, or databases;
8. Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the App;
9. Interfering with or disrupting the integrity or performance of the App or any related systems;
10. Using the App to facilitate, plan, or execute any criminal activity of any kind.

5.3 Criminal Use — Mandatory Law Enforcement Cooperation

Section 6 – Location Data and Privacy

6.1 Location Services Requirement

The App requires access to your device’s location services in order to function. Without granting location permissions, the core features of the App — including search party coordination, real-time mapping, and member tracking — will not operate. By using the App, you consent to the collection, processing, and use of your location data as described in this Section.

6.2 Sharing of Location Data

Your location data is collected and shared in real-time with other verified members of your designated search party as determined and authorized by the party organizer. You acknowledge that members of your search party will be able to view your location during an active session.

Section 7 – Privacy Policy Integration

7.1 Full Privacy Policy

A comprehensive Privacy Policy governing the Company’s data collection, use, storage, and sharing practices is available at pubsafe.net/privacy. The Privacy Policy is expressly incorporated into this Agreement by reference and constitutes a part of the Agreement as if fully set forth herein.

7.2 Summary of Data Collected

Without limiting the full Privacy Policy, the Company collects the following categories of data in connection with your use of the App:

• Account registration information (e.g., name, email address, password);
• Device identifiers (e.g., device type, operating system, unique device identifiers);
• Real-time and historical location data during search party sessions;
• In-App communications, messages, and coordination data exchanged within the App;
• Usage data and analytics related to App performance and user interaction.

7.3 International Users — U.S. Data Processing

The App and all related data processing operations are conducted in the United States of America. If you are accessing the App from outside the United States, you expressly consent to the transfer, storage, and processing of your personal data in the United States, which may have data protection laws that differ from those in your country of residence.

Section 8 – Intellectual Property

8.1 Ownership

All content, features, functionality, technology, software, code, trademarks, service marks, trade names, logos, and other materials contained in or associated with the App are the exclusive property of PubSafe or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret law.

8.2 Limited License Grant

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a compatible mobile device that you own or control, solely for your personal, non-commercial use in accordance with this Agreement.

8.3 Restrictions

You agree that you will not, and will not permit any third party to:

1. Copy, modify, adapt, translate, or create derivative works based upon the App or any portion thereof;
2. Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, algorithms, or structure of the App;
3. Sell, resell, license, sublicense, distribute, transfer, or assign the App or any rights therein to any third party;
4. Remove or alter any proprietary notices, labels, or marks on the App;
5. Use the App or any portion thereof in any manner not expressly authorized by this Agreement.

Section 9 – Termination

9.1 Termination by the Company

The Company may, in its sole and absolute discretion, suspend, restrict, or permanently terminate your account and access to the App at any time, with or without prior notice, for any reason, including but not limited to your violation of any provision of this Agreement, engagement in prohibited conduct, involvement in any suspected criminal activity, or any action the Company reasonably believes may cause harm to users, third parties, or the Company.

9.2 Termination by the User

You may terminate your account and discontinue use of the App at any time by: (a) deleting your account through the account settings available within the App; or (b) submitting a deletion request to the Company through the contact information provided at pubsafe.net.

9.3 Effect of Termination

Upon termination of your account for any reason, your license to use the App ceases immediately. Sections of this Agreement that by their nature should survive termination — including, without limitation, Sections 5 (Acceptable Use and Prohibited Conduct), 8 (Intellectual Property), 12 (Limitation of Liability), 13 (Disclaimer of Warranties), 14 (Dispute Filing Window), 15 (Mandatory Arbitration), and 16 (Governing Law) — shall survive termination and remain in full force and effect.

Part II

Section 10 – Purchases and Subscriptions

10.1 Available Purchases

The App may offer in-app purchases, subscription plans, and one-time purchases that provide access to premium features, expanded functionality, or enhanced services within the App. All available purchases and their associated pricing will be clearly presented to you within the App prior to any transaction.

10.2 Platform Processing

All purchases and financial transactions made in connection with the App are processed exclusively through the applicable third-party platform store: the Apple App Store for iOS users and the Google Play Store for Android users. The Company does not directly process payment card information for App Store or Google Play purchases. By making a purchase, you also agree to the terms and conditions of the applicable platform store.

10.3 Pricing and Taxes

All pricing for in-app purchases and subscriptions is displayed at the time of purchase within the App or the applicable platform store. Prices may be subject to applicable sales taxes, value-added taxes, or other governmental charges depending on your jurisdiction. The Company reserves the right to change pricing at any time; however, price changes will not affect any subscription period for which you have already been charged.

10.4 Subscription Auto-Renewal

If you purchase a subscription through the App, your subscription will automatically renew at the end of each applicable subscription period unless you cancel it at least twenty-four (24) hours before the end of the then-current period. Auto-renewal charges will be applied to your payment method on file with Apple or Google at the then-current subscription rate.

10.5 Subscription Management and Cancellation

You may manage, modify, or cancel your subscription at any time through your Apple ID account settings (for iOS users) or your Google Play account settings (for Android users). Cancellation of a subscription will take effect at the end of the then-current billing period; you will retain access to subscription features through the end of the paid period. No partial refunds will be issued for unused portions of a subscription period unless required by applicable law.

Section 11 – Refund Policy

11.1 Apple App Store Purchases

Refunds for purchases made through the Apple App Store are governed exclusively by Apple’s refund policy. The Company does not control, and is not responsible for, Apple’s refund determination. To request a refund for an Apple App Store purchase, you must contact Apple directly through reportaproblem.apple.com or through Apple’s customer support channels.

11.2 Google Play Store Purchases

Refunds for purchases made through the Google Play Store are governed exclusively by Google’s refund policy. The Company does not control, and is not responsible for, Google’s refund determination. To request a refund for a Google Play Store purchase, you must contact Google directly through the Google Play Help Center or Google’s customer support channels.

11.3 No Direct Company Refunds for Platform Purchases

The Company does not directly process, issue, or grant refunds for purchases made through the Apple App Store or the Google Play Store. All such refund requests must be directed to the applicable platform store.

11.4 Company-Direct Purchases

To the extent the Company offers any products or services directly (outside of the Apple App Store or Google Play Store), refund eligibility for such purchases will be evaluated on a case-by-case basis at the Company’s sole discretion within [X] days of the purchase date. To request a refund for a Company-direct purchase, you must contact the Company through the contact information provided at pubsafe.net.

Section 12 – Limitation of Liability and Damages

Section 13 – Disclaimer of Warranties

Part III

Section 14 – Dispute Filing Window

Section 15 – Mandatory Arbitration

15.1 Agreement to Arbitrate

15.2 Arbitration Rules and Administrator

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association (AAA) or JAMS, as selected by the Company in its sole discretion at the time a dispute is submitted. The applicable rules are available at adr.org (AAA) or jamsadr.com (JAMS). In the event of any conflict between those rules and the terms of this Agreement, the terms of this Agreement shall control.

15.3 Arbitration Venue

15.4 Governing Law for Arbitration

This arbitration clause is governed by and enforceable under the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The arbitrator shall apply the substantive law of the State of Florida to the merits of all disputes subject to arbitration under this Agreement, without regard to conflict-of-law principles.

15.5 Arbitrator’s Authority and Award

The arbitrator shall have authority to award any remedy or relief that a court of competent jurisdiction could award, subject to the limitations on liability set forth in this Agreement. The arbitrator’s decision and award shall be final, binding, and non-appealable except on the limited grounds provided under the Federal Arbitration Act. Judgment upon the arbitrator’s award may be entered in any court of competent jurisdiction.

15.6 Emergency and Equitable Relief

Nothing in this mandatory arbitration clause shall prevent either party from seeking emergency injunctive or other equitable or declaratory relief from a court of competent jurisdiction in Hillsborough County, Florida, solely to the extent necessary to prevent irreparable harm pending the resolution of the underlying dispute through arbitration.

Section 16 – Governing Law and Jurisdiction

16.1 Governing Law

This Agreement and all matters arising out of or relating to it — including disputes as to its formation, validity, interpretation, enforceability, performance, and breach — shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict-of-law rules or provisions.

16.2 Exclusive Jurisdiction for Non-Arbitrable Matters

For any claims, disputes, or proceedings that are not subject to mandatory arbitration under Section 15, or that arise from the enforcement of an arbitral award, the parties agree that exclusive jurisdiction and venue shall lie in the state courts or federal courts located in Hillsborough County, Florida.

16.3 Waiver of Jurisdictional Objections

Each party irrevocably waives any and all objections to personal jurisdiction and venue in the state or federal courts of Hillsborough County, Florida, including any objection based on improper venue, inconvenient forum, or lack of personal jurisdiction.

Part IV

Section 16 – Governing Law and Jurisdiction

16.1 Governing Law

This Agreement and all matters arising out of or relating to it — including disputes as to its formation, validity, interpretation, enforceability, performance, and breach — shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict-of-law rules or provisions.

16.2 Exclusive Jurisdiction for Non-Arbitrable Matters

For any claims, disputes, or proceedings that are not subject to mandatory arbitration under Section 15, or that arise from the enforcement of an arbitral award, the parties agree that exclusive jurisdiction and venue shall lie in the state courts or federal courts located in Hillsborough County, Florida.

16.3 Waiver of Jurisdictional Objections

Each party irrevocably waives any and all objections to personal jurisdiction and venue in the state or federal courts of Hillsborough County, Florida, including any objection based on improper venue, inconvenient forum, or lack of personal jurisdiction.

Section 17 – Contact Information and Issue Submission

17.1 Current Contact Details

Users should visit pubsafe.net for current and up-to-date contact details, support resources, reporting mechanisms, and any updates to contact procedures. The Company reserves the right to update contact procedures at any time.

17.2 Response Times

Response times to inquiries, reports, and submissions are not guaranteed. The Company will make commercially reasonable efforts to acknowledge and respond to all valid submissions in a timely manner. Emergency or criminal matters should be reported to law enforcement and official emergency services immediately, as described in Section 2.3 and Section 5.3 of this Agreement.

Section 18 – Third-Party Platforms (Apple and Google)

18.1 Distribution Platforms

The App is distributed and made available to users through the Apple App Store and the Google Play Store. Apple Inc. and Google LLC are each acknowledged as third-party beneficiaries of this Agreement solely to the limited extent required by their respective developer program agreements and platform policies.

18.2 No Platform Support Obligation

Apple and Google each have no obligation whatsoever to provide any maintenance, support, updates, or other services with respect to the App. All support and maintenance obligations related to the App rest solely with the Company, to the extent described in this Agreement.

18.3 Platform Terms Precedence

In the event of any conflict or inconsistency between the terms of this Agreement and the applicable terms of Apple’s App Store or Google’s Play Store — including, without limitation, with respect to platform-specific payment processing, refund policies, or data practices — Apple’s or Google’s applicable terms shall control and take precedence solely with respect to their respective platform features, services, and obligations.

18.4 Independent Platform Privacy Practices

Users acknowledge that Apple Inc. and Google LLC each maintain their own separate and independent privacy policies, data collection practices, and terms of service. The Company is not responsible for and has no control over the data practices of Apple or Google. Users are strongly encouraged to review the privacy policies of both Apple (apple.com/privacy) and Google (policies.google.com) independently.

Section 19 – Severability

If any provision of this Agreement is held to be invalid, illegal, void, or unenforceable by a court or arbitrator of competent jurisdiction for any reason, such provision shall be deemed severed from this Agreement to the minimum extent necessary to make the remaining provisions valid and enforceable. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of this Agreement, and the remaining provisions shall continue in full force and effect as if this Agreement had been executed without the severed provision.

Section 20 – Entire Agreement

This Agreement, together with the Privacy Policy available at pubsafe.net/privacy (which is incorporated herein by reference), constitutes the entire and complete agreement between you and PubSafe with respect to the App and the subject matter of this Agreement. This Agreement supersedes and replaces all prior and contemporaneous agreements, representations, warranties, understandings, negotiations, and communications — whether written or oral — between the parties concerning the App or the subject matter hereof. No modification of this Agreement shall be effective unless in writing and expressly accepted in accordance with Section 1.3 or executed in a signed written amendment by an authorized representative of the Company.

Section 21 – Changes to These Terms

21.1 Right to Update

The Company reserves the right to update, revise, or otherwise modify these Terms at any time, in its sole discretion, for any reason, including to reflect changes in applicable law, platform requirements, App functionality, or Company practices.

21.2 Acceptance Through Continued Use

Your continued use of the App following the posting of any changes to this Agreement constitutes your binding acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately cease all use of the App and request account deletion.

21.3 Regular Review

Users are strongly encouraged to review this Agreement regularly by visiting pubsafe.net to stay informed of the most current version. The date of the most recent revision will be indicated in the “Last Updated” notice at the end of this Agreement.