(update: June 8, 2021)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the HelpLate application or website (the “Service”) operated by HelpLate (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
- Emergency Contact
- Warning Notification
- Emergency Alert
Welcome to HelpLate, the app designed to SAVE LIVES! What do we mean by that? By providing a means for “Members” to register an “Activity,” HelpLate is designed to attempt alerting the Member’s “Emergency Contact” should the Member Activity pass their designated Activity “End Time.” Both every day and special activities often have inherent risks. For instance, you might slip, or fall off a ladder, horse, bike, trail, or in the tub. Some people get lost or confused or put themselves in a position of risk. We don’t know all the times you might want to register an activity, but HelpLate is in standby for that one time when you really need help.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of HelpLate and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HelpLate.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by HelpLate.
HelpLate has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that HelpLate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
There is no charge to register or to use HelpLate. Costs are paid for through donations and limited advertising. Clicking on ads, and purchases through HelpLate advertisers, is a big help in supporting HelpLate.
A HelpLate Member is any person who completes registration with HelpLate including their name and verified email address.
By becoming a Member of our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
When you create an account with us, you guarantee that you are above the age of 18, or have the permission of your guardian who is above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Members invite others to be their Emergency Contacts. To facilitate effective communications each confirmed Emergency Contact must be, or first become, a HelpLate Member and must agree to be an inviting Member’s Emergency Contact.
Check “Limits” for details about setting your Activity.
Be sure to “Start” your activity.
The purpose of HelpLate is to allow the Member to set and start an Activity with an end time and should the Member not amend or end the activity before the end time, HelpLate will attempt to send and Alert to Activity specific Emergency Contact(s).
- False reporting may be prosecuted by authorities as a crime.
- Willful or negligent misuse of this app resulting in false emergency reporting is no joke.
- Don’t “Cry Wolf,” defeating the serious “Save Lives” HelpLate mission.
- If authorities are erroneously notified, or when a situation is resolved, immediately contact notified authorities to mitigate the situation.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
HelpLate. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of HelpLate and used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Thirty (30) minutes prior to Activity end time, HelpLate will attempt to send the Member a warning. This is a good time to amend or end the Activity.
Upon an Activity reaching the end time, HelpLate will attempt to alert the Member and the Activity specific Emergency Contact(s) with Member Activity details.
It is possible an alert is sent to Member and Emergency Contact when no emergency exists. Member should immediately notify Emergency Contact(s). Emergency Contacts should always assume an emergency alert is real unless they hear otherwise from the Member. While they may grumble, emergency personnel prefer to get a false alarm rather than miss a real emergency. However, causing or giving intentional misrepresentation of an emergency to authorities is a crime.
How to Respond to Emergency Alert:
- Try to contact Member to verify a true emergency,
- Try to contact Member friends and family to verify a true emergency,
- Try to help the Member if you are able to without risk to yourself,
If the above fail to resolve the situation, and you believe there is a true emergency, immediately contact emergency services (sheriff, police, coast guard – as appropriate) and be prepared to tell the authorities:
- “My name is _____________________”
- “My phone number is _____________________”
- “I am an Emergency Contact and have received notification through HelpLate of a possible emergency situation.”
- “The information I have received from HelpLate is:”
- Relay the information HelpLate provided you. Be prepared to repeat it several times.
- If they want more information about HelpLate, suggest they check www.HelpLate.com.
- If authorities ask for more information, and that is all the information you have, state “I have no additional information. You can check www.HelpLate.com.”
Thank you for being a HelpLate Member Emergency Contact. HelpLate appreciates hearing about your experience.
By starting an Activity you give permission for your activity to be tracked by GPS.
Global Positioning Satellites (GPS) is a location tracking and map reference system. HelpLate will attempt to GPS track an Activity under limited specific circumstances:
- Only a phone with Member email and HelpLate app may be tracked,
- The phone must have power,
- The phone must be in “cell range,”
- Member must “allow” location tracking on an enabled phone,
- GPS tracking may be attempted from Activity Start Time and then at intervals until the Activity is ended or through 12 hours after Activity End time,
- GPS coordinates would be shared with your Emergency Contacts upon an Activity passing the selected Activity End Time.
- Setting an Activity is not enough. You must “Start” your Activity.
- Only one Activity can be active at one time; delete earlier Activities.
- An Activity can only be set 30 days in advance.
- An Activity can only be set a minimum of one hour ahead of your present time.
- An Activity can only be set one hour later than the Activity start time.
- After an Activity is set, you can “Start Now” at any time.
- An Activity can have a maximum duration of 7 days.
- Should an Emergency Contact decide not to participate, an Activity may be unprotected.
- A Confirmed Emergency Contact must be a HelpLate Member.
- Each Emergency Contact must agree to being the Emergency Contact for a specific Member.
- Member must choose between one and three of their confirmed Emergency Contacts for a specific Activity. Three are recommended.
- Be sure to establish primary measures to ensure your safety before using HelpLate.
- HelpLate is not intended to be your primary safety or emergency notification method.
- HelpLate, as all electronic systems, cannot be fully relied upon.
- Do not use HelpLate in ways not intended.
The intent of HelpLate is limited to:
- Register Members,
- Register Member’s Emergency Contacts,
- Register Member Activity with start and end time,
- Attempt to notify Member and / or Emergency Contact upon Activity end time.
HelpLate may not operate as intended:
- Should you not “Start” an activity,
- Should Emergency Contacts and / or Activity not be fully established or confirmed,
- Should HelpLate encounter physical, electrical, programing, or electronic failures, or suffer individual, organizational, governmental, or military influence,
- Should any aspect of GPS, or app utilization of GPS, not operate as intended,
- Should your phone not fully operate or fully apply the app,
- Should the HelpLate app or HelpLate systems not operate as intended,
- For other unforeseen or unknown circumstances.
- GPS only works on a GPS enabled phone,
- You must “allow” location tracking on your phone,
- GPS can only work after you “Start” the Activity,
- GPS tracking may start at an Activity start time and attempts to continue at intervals until the Activity is ended, or if not ended, for 12 hours after Activity End time.
In addition to conditions and limitations found elsewhere in this document, you agree in entirety to the following:
You agree to defend, indemnify and hold harmless HelpLate and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall HelpLate nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
HelpLate, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least a 60-day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to: your email address, name, phone number, postal address, other information (“Personal Information”).
We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.
We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third-party service providers have their own privacy policies addressing how they use such information.
When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, your location information and other statistics.
We may use and store information about your location depending on the permissions you have set on your device. We use this information to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time through your mobile device settings.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.
Google AdWords remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page. Google also recommends installing the Google Analytics Opt-out Browser Add-on for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.
Your consent to these Policies followed by your submission of such information represents your agreement to that transfer.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children under age 13 without verification of parental consent, we take steps to remove that information from our servers.