Last updated: June 29 2023
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE BULLITT SATELLITE MESSENGER SERVICE
IMPORTANT NOTICE: YOUR USE OF THE APP OR SERVICE (EACH AS DEFINED BELOW) IS SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN SECTION 17 OF THESE TERMS TITLED “Dispute Resolution by Binding Arbitration and Class Action Waiver,” WHICH REQUIRES YOU TO ARBITRATE DISPUTES WITH US ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT.
Welcome to the Bullitt Satellite Messenger service (the “Service”) and Bullitt Messenger app (the “App”). By opening a Bullitt Satellite Messenger account (your “Account”) and/or purchasing a Service Package (as defined below) from Us, you agree to these terms and conditions (the “Terms”). If you do not agree to these Terms, then you must not use the Service or App.
BY CHECKING THE “I AGREE” CHECKBOX, USING THE APP OR THE SERVICE, OR OPENING YOUR ACCOUNT, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE AT LEAST THE OLDER OF 18 YEARS OF AGE OR THE LEGAL AGE IN YOUR JURISDICTION TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS.
We may also offer third-party services, which supplement Our Service. We are not responsible for the services provided by such third parties and use of those services will be subject to additional third-party terms and conditions where applicable. Please see Section 3 below for further details.
When you subscribe to a Service Package, you will enter into a contract with Our third-party partner called Digital River (“Digital River”). Digital River will be the contracting party and shall handle your payments, however We will still be responsible for the provision of the Services to you. This means that you should always contact Bullitt via the details set out in these Terms should you have any questions or complaints about the Paid Messenger Service. You can find a link to Digital River’s terms and conditions here: See Digital River Terms and Conditions
Who We Are and How to Contact Us.
We, Bullitt Satellite Connect Limited of One Valpy, Valpy Street, Reading, RG1 1AR, United Kingdom (“We”, “Us”, “Our” or “Bullitt”), are the creators and operators of the Service and App.
You can contact Us by telephone (click here to find local support numbers) or by writing to us at email@example.com or the address stated above.
About the Service and the App.
Neither the Service nor the App have been developed to meet your individual needs. Please check that the description of the Service and the App (as described on the app store where you download the App, Our website at www.bullitt.com (“Website”) and in these Terms) meets your requirements.
The App. The App is a messaging application which enables access to the Service.
The Service. The service enables two-way messaging communication via:
the internet; and satellite (only with active paid-for subscription), or other connected services more fully described in these Terms below.
The Service is designed primarily for use where internet or cellular connectivity is unavailable, such as remote or rural areas – subject to the limitations of satellite connectivity as described in these Terms.
Messages sent and received using the Service are limited to simple text-based communications with a maximum data packet size of 155 bytes (which, after taking into account the message header, translates to a maximum of approximately 140 typed characters). To ensure efficient use of the network, there is also a minimum data packet size that can be sent or received of 50 bytes, which means sending or receiving any message of less than approximately 35 characters will consume 50 bytes of your data allowance. These rules on data packet size also apply to the Tracking Service described below. Please note that your data allowance is also consumed on receipt of any message or optional delivery receipt notification received over the satellite network.
You may use the Service in any region where the Service is available (check www.bullitt.com/coverage for details) (“Available Region(s)”). Any use of the Service outside of the Available Regions(s) may be subject to any applicable restrictions due to the laws, licensing requirements or regulations in any jurisdiction applicable to you or Us (“Mandatory Local Laws”). You are solely responsible for ensuring compliance with any such requirements and Mandatory Local Laws. You agree that Bullitt has no obligation to provide the Service outside the Available Region(s) and that Bullitt will not be liable for any errors or unavailability of the Service due to your use or attempted use outside of the Available Region(s).
Limitations on Access to Emergency Services
Please note that Our Services do not provide automatic or guaranteed access to emergency services or emergency service providers. See the ‘SOS Service’ and ‘Overwatch and Rescue’ sections below for more details.
Limitations on Satellite Service
Please also note that some aspects of the Services are provided by various communication devices and networks, including but not limited to satellites and their links to certain satellite ground stations, satellite antennas and supporting equipment. This means that the Services may become limited or temporarily unavailable without notice (or with only limited notice) from time to time (including during periods of planned maintenance carried out by Bullitt and/or the operators of the satellite network).
Bullitt and/or the operators of the satellite network may carry out upgrades and maintenance works which may require that Bullitt suspends or materially reduces the Services for reasonable periods of time for technical or operational reasons. Where this upgrade or maintenance work is planned and scheduled in advance, and where it is practicable to give notice, details of the work and anticipated impact on the Services will be listed on the service status page. You can choose to subscribe to email updates from this page in order to receive relevant information on the availability of the Service.
Please be aware that a satellite service is wireless and requires a clear line of sight toward the satellite. This means that Our satellite Services will be subject to transmission and reception limitations, including those caused by: (i) your location, including conditions that obstruct the line of sight between you and the satellite communication systems; (ii) the condition of the satellite communication systems; (iii) the condition of your device; and (iv) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond Our control or the control of Our third-party service providers.
Bullitt does not own or control the satellite systems and interconnecting networks used to provide the Services and it cannot be responsible for any Service interruptions or interferences that may occur with those satellite systems or interconnecting networks, including connectivity (or lack thereof) to emergency services.
Our Service Options
We provide two core Service options as well as additional services which are available if you have an active Paid Messenger Service subscription. One of Our Service options is free and the others are only accessible as part of a paid subscription to one of Our Service Packages (as defined below). From time to time, a Service Package may be offered to you without charge, or for a reduced charge, for a limited promotional period (subject to the terms and conditions of that promotional offer). We may also provide an option for you to purchase some additional paid-for services that are provided by Our third party partners, however We are not responsible for any products or services provided by such third parties except where expressly stated otherwise in these Terms.
You are responsible for all cellular and data plans, internet fees, and other fees and taxes associated with your use of Our Services.
CORE SERVICES PROVIDED BY US
a) Free Internet-Based Messenger Service
Our free internet-based messenger service (“Free Messenger Service”) allows you to have two-way message conversations with contacts from your mobile phone address book, if those contacts also have the App. The Free Messenger Service requires you to have an active Wi-Fi or cellular connection in order to send and receive messages, and you are responsible for charges from your wireless carrier/internet service provider.
b) Paid Messenger Service Including SOS Service
Our paid messenger subscription Service (“Paid Messenger Service”), allows you to use your monthly data allowance to send and/or receive messages via a satellite connection on a compatible device on which the Service has been successfully activated. The App will first attempt to send/receive your message via Wi-Fi or cellular. If these networks are unavailable, and you are using your compatible device with an activated Service, it will attempt to send/receive as a satellite message. Messages sent and received via Wi-Fi or cellular networks do not count towards the monthly data allowance under your Service Package (as defined below), although you are still responsible for charges from your wireless carrier/internet service provider. You will need a compatible device to use the Paid Messenger Service (see http://www.bullitt.com/devices for details). Customers without a compatible device will not be able to use the Paid Messenger Service. Our Paid Messenger Service also includes the SOS Service (see Section 3(c) below). If you purchase Our Paid Messenger Service you will also have the option to access additional services (subject to additional charges which may apply, depending upon the Service Package purchased) as set out in Section 3(e).
c) SOS Service
This service is included with the Paid Messenger Service and allows you to use the App or dedicated button on a compatible device that has been successfully activated to send an SOS assistance request to a response center that is managed and monitored 24/7 by Our third party partner, FocusPoint International Inc (“FocusPoint”) (“SOS Service”). Where appropriate, the FocusPoint response center will attempt to contact a local emergency service provider to relay the call for assistance and/or may contact any pre-shared emergency contacts that you have added to your Account. Once you activate an SOS assistance request, you will have the option to complete a short triage questionnaire that aims to ascertain basic information as rapidly as possible (although you can skip this step if, for example, it is inconvenient or inappropriate at that potentially stressful time). When you raise an SOS assistance request, a profile of any emergency information (which may include personal data relating to a physical or mental condition) you have voluntarily provided to Us within your Account will be shared with the FocusPoint response center operative to aid in facilitating the response. The emergency response element of the SOS Service is provided by FocusPoint, and not Bullitt, but you must have an active subscription with Us in order to use the SOS Service.
We will always try Our best to connect you to FocusPoint when you are in an Available Region, and Our intention is that the SOS Service will be available at the times described above in your location, but it is possible at some times and in some locations that the SOS Service and/or a FocusPoint emergency response will not be available. This could be (without limitation) if the FocusPoint response center does not receive your transmission or if it is delayed by the satellite network. We have no control over the nature or timeliness of the FocusPoint response center’s actions, or the response of any emergency service provider, and Our sole obligation shall be to pass the SOS assistance request to the FocusPoint response center where possible to do so. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WITH REGARD TO THE SOS SERVICE.
Once an emergency SOS assistance request has been received and validated by the FocusPoint response center, FocusPoint will, if appropriate, pass the SOS assistance request to an emergency service provider and/or may contact any pre-shared emergency contacts that you have added to your Account. The device user’s location, if available, will be transmitted to the FocusPoint response center via a live tracking link, and these details may be relayed to any emergency service provider as part of its response. Where possible and necessary, FocusPoint response center personnel will remain in contact with the device user and/or their emergency contacts until the emergency service provider has reached the device user. The FocusPoint response center personnel shall determine when, how, even if, to escalate the SOS assistance request to an emergency service provider that may then conduct a search and rescue in accordance with their standard policies and procedures, subject to constraints such as operational limitations, available resources, technical feasibility, meteorological conditions, medical, safety concerns whether for you or the emergency service provider(s), and/or other considerations. IN NO EVENT DO THESE TERMS CREATE A DUTY TO RESCUE.
You will be responsible for all charges relating to the activities of the emergency service provider in responding to your SOS assistance request. Charges levied by emergency service providers could be significant and may vary according to the nature of the response required, and the location where it is taking place. It is your responsibility to understand what charges may apply to emergency service provider rescues or callouts in your location, and put in place any mitigations for potential charges that you could incur, which might include taking out an appropriate level of travel insurance or similar cover for costs that might arise. Under no circumstances shall We be responsible for any costs incurred by you or any third party in responding to an SOS assistance request.
In addition, if any costs or charges are incurred as a result of any false or misuse of the SOS Service, including pressing the SOS button to ‘check if it works’, then you shall be liable for those costs or charges. The SOS Service should only be used in a situation where you have a genuine need for assistance. Abuse or misuse of the SOS Service may lead to Us suspending your Account and/or cancelling your Service Package without any liability to refund you. Should We determine that you have deliberately or negligently misused or abused the SOS Service (in Our reasonable opinion) then We will, without further notice, bill you or arrange for Digital River to charge your card on file at a rate of $300 USD per hour of time taken in dealing with the false SOS assistance request by the response center, or stated part thereof, with a minimum charge of one hour, for each such false SOS assistance request, and you shall be responsible for paying any such fee. We, FocusPoint and any emergency service provider shall have such other rights and remedies against you for such misuse as may be available at law or equity, and you agree to indemnify, defend and hold harmless Bullitt and FocusPoint and their affiliates, licensors, licensees and suppliers and their respective directors, officers, shareholders, members, employees, representatives and agents from any liabilities or penalties arising from any misuse or abuse by you of the SOS Service.
d) Tracking Service
You can activate a tracking feature via the App for an additional charge, which you may add to your Service Package at the time of purchase (“Tracking Service”). Alternatively, from time to time the Tracking Service may be made available to you as a standalone service, separate from any of Our other services described in these Terms. The Tracking Service is provided by Bullitt and allows you to send a GPS location pin to pre-selected contacts at a customizable frequency, for a customizable tracking session duration. You can allocate contacts, set the frequency and turn the Tracking Service on and off in your Account. Your use of the Tracking Service will consume data and you will need to purchase a separate data allowance for this Tracking Service. If you use your full data allowance the Tracking Service will stop until your data is renewed in the next billing period or through purchasing Additional Data (as defined below). Full details will be included in your Service Package.
SERVICES NOT PROVIDED BY US
e) Overwatch and Rescue
The Overwatch and Rescue service offering is provided by FocusPoint for any out-of-pocket expenses you may incur in an emergency situation (for example, the cost of any special emergency service provider vehicle) (“Overwatch and Rescue”). The Overwatch and Rescue service is subject to FocusPoint’s terms and conditions, which you can find here. We will not be a party to any contract formed between you and FocusPoint for Overwatch and Rescue, We are not liable to you for any damages or claims that may arise in connection with your use of Overwatch and Rescue, and We are not responsible for the performance of Overwatch and Rescue by FocusPoint.
Service Packages and Fees
Service Package Description. When you subscribe to Our paid Services, the details of your service package (including the services you are subscribing to, your data allowances, the minimum commitment period of your subscription, your billing period, any renewal terms, your cancellation rights and the subscription fee) (“Service Package”) will be as set out in additional Service Package-specific terms and conditions (“Service Package Terms”), on Our Website and in your email order confirmation.
Minimum Commitment Period. Unless otherwise stated at the time you subscribe, your Service Package has a minimum commitment period of 12 months (“Minimum Term”). If you choose to end your Service Package during any Minimum Term, you may have to pay Us all subscription fees for the remainder of the Minimum Term. More details are set out in Section 5 below.
Subscription Fees. All subscription fees are payable to Digital River in advance via credit or debit card for your recurring billing period. Payment of subscriptions fees due will be taken no more than five days before the start of your next billing period. If your payment fails, We, or Digital River, reserve the right to charge you a reasonable administrative fee for managing your failed payment. If payment fails, the Service will not be available to you.
Your Service Package may be comprised of one or more of Our Services, and each Service may have a separate data allowance e.g. you may have a separate data allowance for the Tracking Service and the Paid Messenger Service. If you do not use the data allowance within your billing period, e.g. 1 month, the data allowance will expire. Each data allowance will refresh at the start of the next billing period. You can check your remaining data allowance for each Service at any time via Our App or via the web portal at [URL]. You will no longer be able to use an individual Service, once your data allowance has been used or has expired for that Service, unless you purchase additional data allowance packages from Us (“Additional Data”). We do not place a limit on the amount of data that you consume in using the SOS Service. You can purchase Additional Data via Our Website. Please note that you can only purchase (or pre-authorize the purchase of) Additional Data when internet connectivity is available. It is your responsibility to ensure that you have enough data to meet your needs.
Changes to Subscription Fees.
We will provide you with prior notice of any price change and, if you don’t agree to the change, you can cancel your Services with Us by contacting Us on the details set out in Section 1.
How to Cancel and Renew
We tell you when and how you can end an on-going contract with Us (for example, your paid subscription to the Paid Messenger Service) in your Service Package and We will confirm this information to you in writing after We’ve accepted your order. If you have any questions, please contact Our Customer Service Team here.
Automatic Renewal. Your Service Package will renew automatically at the end of the Minimum Term and each renewal period unless and until you cancel the Service. We will provide details of the renewal period for your Service Package (e.g. 12 months or 1 month) at the time of purchase, and whether such renewal period establishes a new Minimum Term for you. On renewal the fees for your Service Package will be at Our then-advertised standard rates. You can disable automatic renewals via the web portal (app.bullitt.com). If you decide to disable automatic renewal, this means that your subscription to Our Services will lapse at the end of your then current Minimum Term or renewal period. We reservice the right to modify or discontinue automatic renewal at any time.
Acceleration of Fees. If you cancel your subscription to your Service Package before expiry of your Minimum Term, then, except as expressly stated otherwise in these Terms, all remaining payments during your Minimum Term will become immediately due and payable, and We will direct Digital River to charge you an amount equal to your monthly fee multiplied by the number of unpaid months remaining before expiry of the Minimum Term. You may choose to continue to receive Services under your Service Package for the remainder of your Minimum Term.
You represent and warrant that the information that you provide to Us, including all information that you provide in your Account such as emergency contacts and emergency health information, is, and remains throughout your use of the Services, complete, accurate and up to date.
In order to provide the Services, We may be required to transmit or distribute your message content over various public networks and in various media. We may also be required to make changes to your message content if so required by the technical requirements of connecting networks, devices, services or media.
Account and Operating System Requirements; Updates
You must register on the Website (which is also accessible via the App) and create your Account in order to use the Services. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by Our registration processes in your Account. You are responsible for keeping your device and your Account (including usernames and passwords) safe and secure, and you must notify Us promptly of any unauthorized use or security breach of your Account or Our Services.
The App can be used on most Apple iOS and Android OS devices with supported software, but you must have a compatible device (as per list of compatible devices available at bullitt.com/devices) with an activated Service in order to use the Paid Messenger Service. We regularly update the App to promote legal compliance, improve security, fix bugs and make other technical adjustments, including to ensure compatibility with the compatible devices and supported operating systems. Updates may also modify or delete in their entirety certain features and functionality. You agree that We have no obligation to provide any updates or to continue to provide or enable any particular features or functionality; provided, however, that if We remove or materially downgrade any paid Services that you use, you may contact Us to end your contract with Us and receive a refund for any Services you have paid for but not received. To get the best experience and to ensure the App and the Service operates correctly, We recommend that you accept any updates to the App that We tell you about as and when they become available. This may require you to update your device operating system, including accepting any regular security update that might be provided by the device manufacturer. As and when new operating systems and devices are released, We may over time stop supporting older versions. You should regularly check the Website to see the full list of supported devices and operating system requirements.
If you choose not to install updates that We offer you or if you opt out of automatic updates you may not be able to continue using the App and the Services.
Your Use of the App
In return for your agreeing to comply with these Terms you may:
download a copy or use a preinstalled copy of the App and use the Services on your mobile device for your personal purposes only;
use any of Our publicly available documentation and policies to support your permitted use of the App and the Services; and
receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as We may provide to you.
Your right to use the App is personal to you and you may not transfer your Account or the App to someone else. If you sell any device on which the App is installed, you must ensure that you have signed out of your Account on that device.
You are solely responsible for any content that you create and transmit on or through Our Services and for the consequences of your actions by doing so. You will not send any nuisance or malicious messages using the Service and will at all times comply with all laws that apply to you.
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
We do not guarantee that the App or Service will be secure, error free or free from bugs or viruses. You are responsible for configuring your information technology and platform to access the Services. You should use your own virus protection software.
You are solely responsible for compliance with all laws applicable to your use of the Services. Access to the Services which, in whole or in part, is illegal or contrary to Mandatory Local Laws is prohibited. You may not use or otherwise export or re-export the Services except as authorized by any applicable Mandatory Local Laws. You represent and warrant that you are not (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You also agree that you will not use the Services for any purposes prohibited by U.S. law. Additionally, you will not export or re-export the Services (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s restricted lists.
You are solely responsible for ensuring that the App and the Services are suitable for your needs based on the information We have provided.
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.
We Are Not Responsible for Websites We Link To.
Where the App and/or these Terms contain links to other sites and resources provided by third parties, these links are provided for your information only. The display of any link and reference to any third party website or app does not mean that We endorse that third party’s website, apps, products or services and such links should not be interpreted as approval by Us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources and accept no legal responsibility for any content, material or information contained in them.
Changes to These Terms
We may change, revise, and update these Terms from time to time in Our sole discretion. Unless otherwise stated, all changes are effective immediately when We post them to the App or the Website. If you do not accept the changes you must not continue to use the App and the Services and you may (in the case of a Service Package) apply to Us for service cancellation and a refund, which will reflect the period that the Service has been available to you prior to cancellation. Your continued use of the App or the Services following the posting of revised Terms means that you accept and agree to the changes. Any changes to the governing law or dispute resolution provisions set out in Sections 16 and 17 will not apply to any disputes for which the parties have actual notice before the effective date of the changes.
not to reproduce, duplicate, copy or re-sell any part of the App or the Services in contravention of the provisions of these Terms;
not to reverse engineer or decompile (whether in whole or in part) any software making up the App or the Services unless you’re allowed to do this by law;
not to access without authority, interfere with, damage or disrupt:
any part of the App or Services;
any equipment or network on which the App is stored;
any software used in the provision of the App; or
any equipment or network or software owned or used by any third party;
not to rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App or the Services, or any features or functionality of the App or the Services, to any third party for any reason, including by making the App or the Services available on a network where it is capable of being accessed by more than one device at any time;
not to use any device, software, or routine that interferes with the proper working of the App or the Services;
not to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
not to attack the App or the Services via a denial-of-service attack or a distributed denial-of-service attack;
not to otherwise attempt to interfere with the proper working of the App or the Services.
You must not use the App or any Service:
in any way that breaches these Terms or any applicable local, national or international law or regulation, or instigate or encourage conduct that would be illegal;
to violate, misappropriate, or infringe Our rights or those of any third party, including privacy, publicity, intellectual property, or other proprietary rights;
to transmit any material that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive;
to impersonate or attempt to impersonate Bullitt, a Bullitt employee, another user, or any other person or entity;
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
in any country outside of the Available Regions or where otherwise prohibited by Mandatory Local Laws. Access or use of the Services outside the Available Regions is done on your own initiative. You are solely responsible for compliance with all applicable Mandatory Local Laws;
in a manner that abuses, or otherwise misuses, the Services;
in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
to use any manual or automated process or device to collect or harvest any information or data from any Service or Our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual Property Rights
All intellectual property rights in the App and the Services throughout the world belong to Us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or any aspect of Our Services other than the right to use them in accordance with these Terms. Bullitt and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App and the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BULLITT OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF $500 OR THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL BULLITT OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO:
ANY FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEMS OR THE SERVICES;
MATTERS OUTSIDE OF BULLITT’S OR ITS SERVICE PROVIDERS’, REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, OUTBREAK OF HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OF TELECOMMUNICATIONS OR SATELLITE SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS OR CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND;
FAILURE, DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING LOCATION COORDINATES;
FAILURE, DELAY OR INACCURACY OF THE APP OR THE SERVICES TO PROCESS AND/OR TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS SERVICE MESSAGES, AND/OR LOCATION COORDINATES, TO THE SATELLITE SYSTEMS;
FAILURE OF OR DELAY IN THE SATELLITE SYSTEMS AND/OR GROUND STATIONS TO PROCESS DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO SOS SERVICE MESSAGES, LOCATION COORDINATES, PREPROGRAMMED MESSAGES AND DISPLAY, AND TRANSMIT TO DESIGNATED CONTACTS AS APPROPRIATE;
FAILURE OF OR DELAY IN YOUR EMAIL OR CELLPHONE PROVIDER TO TRANSMIT THE MESSAGE TO YOU, OR FAILURE OF OR DELAY IN FOCUSPOINT RESPONDING TO SOS MESSAGES;
FAILURE OF OR DELAY IN YOUR DEVICE TO TRANSMIT OR RECEIVE ANY MESSAGES;
FAILURE OF OR DELAY BY BULLITT’S SERVICE PROVIDERS TO PERFORM THE APPLICABLE SERVICE FOR WHICH EACH IS CONTRACTED;
FAILURE TO OBTAIN A CLEAR LINE OF SIGHT TOWARD THE SATELLITE SYSTEMS;
FAILURE TO PROPERLY INSTALL SOFTWARE OR CONFIGURE THE APP;
FAILURE OF BULLITT AND ITS SERVICE PROVIDERS TO PROVIDE THE SERVICES, INCLUDING SOS SERVICES, DUE TO THE SERVICES HAVING BEEN MODIFIED, CANCELLED OR TERMINATED PURSUANT TO THESE TERMS (INCLUDING ANY SERVICE PACKAGE TERMS);
NON-COMPATIBILITY OF THE APP OR SERVICES WITH YOUR DEVICE, INCLUDING SMARTPHONE OPERATING SYSTEMS AND THIRD-PARTY SOFTWARE; OR
FAILURE OR INADEQUACY OF POWER SUPPLY FOR YOUR DEVICE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; AND IN SUCH CASES, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE LIABILITY OF BULLITT AND ITS AFFILIATES, AND ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Disclaimer of Warranties
THE APP AND THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BULLITT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP OR THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BULLITT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BULLITT GIVES NO WARRANTY OR GUARANTEE IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE APP OR THE SERVICES OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE APP OR THE SERVICES TO TRANSMIT DATA TRANSMISSIONS, INCLUDING WITH RESPECT TO THE SOS SERVICE.
Breach of These Terms
We may terminate Our agreement with you under these Terms and end your rights to use the App and the Services at any time without notice if you violate any of these Terms. Upon termination of Our agreement with you, all rights granted to you under these Terms will also terminate and you must cease all use of the App and the Services and delete all copies of the App.
Without limiting the foregoing, your failure to comply with these Terms may result in Our taking all or any of the following actions:
Issue of a warning to you.
Immediate, temporary or permanent suspension or termination of your right to use the App and the Services.
Legal proceedings against you, including but not limited to, for reimbursement of all costs, on a full compensation basis (including reasonable administrative and legal costs), resulting from the breach.
Disclosure of such information to law enforcement authorities as We reasonably feel is necessary or as required by law.
We exclude Our liability for all action We may take in response to breaches of these Terms. The actions We may take are not limited to those described above, and We may take any other action We reasonably deem appropriate.
We may assign or transfer Our rights and obligations under these Terms to another entity or organization.
You may only assign or transfer your rights or your obligations under these Terms to another person if We agree in advance in writing. Any assignment or transfer or your rights or your obligations under these Terms without Our prior written agreement is void and of no effect.
These Terms do not give rise to any rights of third parties to benefit from or enforce them unless expressly stated in these Terms.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
No waiver by Us of any of the provisions in these Terms is effective unless in writing and signed by Us, and no waiver by Us in one instance will be construed as a waiver by Us of any other failure, breach, or default by you. No delay or failure to exercise any of our rights or enforce these Terms will be construed as a waiver by Us.
These Terms are governed by and construed in accordance with the internal laws of the state in which you are a resident without giving effect to any choice or conflict of law provision or rule.
Dispute Resolution by Binding Arbitration and Class Action Waiver
You agree that any dispute, claim, or request for relief relating in any way to your use of the App, your use and/or purchase of any Services, communications between you and Bullitt (including telephone calls, emails, text messages, or other communications), any aspect of your relationship with Bullitt, or these Terms (including the enforceability of this arbitration provision) will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify.
Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here. All disputes, claims, or requests for relief shall be arbitrated either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and We agree otherwise. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. You and Bullitt will each bear their own costs and attorneys’ fees in the event of a dispute, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees to the extent permitted by applicable law or under applicable arbitration rules. The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator.
This arbitration provision shall survive the termination of these Terms and your relationship with Bullitt. Nothing in this section is intended to limit the relief available to either you as an individual or Bullitt in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Notwithstanding the foregoing, the following shall not be subject to arbitration and shall be adjudicated only in any state or federal court of competent jurisdiction: (i) any dispute, controversy, or claim relating to or contesting the validity of Our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by Us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; and (iii) any legal action by Us against a non-consumer.
YOU AGREE TO WAIVE YOUR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of this limitation on class proceedings as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in the state in which you are a resident.
You and Bullitt agree that all arbitrations between you and Bullitt under these Terms are governed by the Federal Arbitration Act (“FAA”) and federal law, notwithstanding any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or imposing obligations greater than, or inconsistent with, the FAA. In all other respects, the laws of the state in which you are a resident shall control to the fullest extent permitted, without giving effect to any principles that provide for the application of the laws of another jurisdiction, but only to the extent that the laws of the state in which you are a resident are consistent with the FAA.
You shall have thirty (30) days from the earliest of the date that you indicate your agreement to these Terms, use the App or the Services, or purchase a Service Package to opt out of this arbitration provision and class action waiver, by contacting Us by email at firstname.lastname@example.org. If you do not opt out by such date, then you are not eligible to opt out.
Issues with the Services; Informal Dispute Resolution
If you have an issue with the Services We have provided to you, you can contact Us as set out in Section 1 and We will endeavor to resolve your issue as soon as possible. Full details on how We handle complaints is set out on Our Website here.
If Our provision of the Services or support for the App or the Services is prevented or delayed by an event outside Our control then We will take commercially reasonable steps to minimize the effect of the delay or absence of the Services. We will not be liable for delays or absences of the Service that are caused by any event outside Our control. If We are no longer able to provide your Service Package you may contact Us to end your contract with Us and receive a refund for any Services you have paid for but not received.
Terms Specific to Apple App Store Users
The following terms and conditions apply to you with respect to any version of the App downloaded from the Apple App Store:
These Terms are between We and you only, and not with Apple Inc. (“Apple”). As between Bullitt and Apple, Bullitt, not Apple, is solely responsible for the App and the content thereof.
The rights granted to you under these terms for the App are limited to use on any Apple-branded devices that you own or control.
Bullitt, and not Apple, is solely responsible for providing any maintenance and support services with respect to the App, as specified in these terms or as required under applicable law. We and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Subject to Section 14, Bullitt, and not Apple, is responsible for any applicable warranties. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. Subject to Section 13, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Bullitt’s sole responsibility.
Bullitt, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Bullitt, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary hereof.