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Terms and Conditions

Welcome to AlerteUnité, legally registered as After Five Collective Inc. (also referred to as the “Company”, “we”, “us”or “our”), your essential tool for community-driven emergency response. Our platform empowers users (“user”, “you” or “your”) to report and manage local emergencies efficiently, fostering prompt and coordinated actions.

By accessing or using our mobile and web application services (collectively the “Service”), you accept and agree to be bound by these Terms and Conditions (“Terms”). Please ensure that you read these Terms carefully to understand your rights and obligations. If you do not agree with any of the provisions contained in these Terms, you should not use our Service.

Your access and use of the Service is also conditioned on your acceptance of our Privacy Policy. Our Privacy Policy sets out the data protection practices and principles we employ at AlerteUnité. Please read our Privacy Policy carefully before using the Service.

Account Registration

To access and utilize our Service, you must register a user account (“User Account”) and provide certain personal details about yourself. You warrant that the information you provide is accurate, current, and complete, and you agree to promptly update your account information should there be any changes. As the account holder, you are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You are required to notify us immediately, and no later than 72 hours after discovering any unauthorized use of your information or user account, or any other breach of security. We disclaim all liability for any actions or omissions by you, including any damages of any kind incurred as a result of such actions or omissions.

Geographic Restrictions

The Service is expressly designed for use outside of the European Union (EU) and the United Kingdom (UK) and is not intended for distribution to, or use by, any person or entity in these regions. Consequently, residents of the EU and UK are expressly prohibited from using the Service. If you reside in the EU or UK, you are required to refrain from accessing or using the Service in any manner.

License

The Company grants to you a non-exclusive, non-transferable (except as otherwise permitted under these Terms), personal, revocable, license to access and use the Service in accordance with the terms set forth in these Terms (“License”).

You may only access and use the Service in accordance with the License as well as subject to terms as set forth in these Terms. You agree and acknowledge that you must not and will not permit any person to: a) resell, assign, transfer, or distribute the Service; b) “frame”, “mirror” or serve any of the Service on any web server or other computer server over the Internet or any other network; c) copy, alter, modify, create derivative works from, reproduce, resell, transfer to a third party, reverse assemble, reverse engineer, reverse compile or enhance the Service; d) engage in the development, marketing, or sale of any product, directly or indirectly, that competes with the Service (including without limitation, the business model, software features, look&feel of the Service) anywhere in the world, or e) alter, remove or tamper with any trademarks, any patent or copyright notices, or any confidentiality legend or notice, or any numbers, or other means of identification used on or in relation to the Service.

The User is responsible for their use of the Service and must ensure they do not use the Service: a) to break any law or infringe any person’s rights including but not limited to intellectual property rights, b) to transmit, publish or communicate content that is defamatory, offensive, abusive, or menacing, or c) in any way that damages, interferes with or interrupts the supply of the Service.

Acceptable Usage Policy

The Service includes critical features such as SOS functionality and anonymous incident reporting, designed to enhance user safety and security. By using these features, you agree to operate them responsibly and in full compliance with the law. Misuse of these features, including but not limited to false reporting, harassment, or any illegal activities, is strictly prohibited and constitutes a breach of these terms. Such misuse can lead to suspension or termination of your User Account. Specifically, incident reports must be accurate and truthful. Providing false information is prohibited and may result in penalties. The SOS feature is intended for emergency use only, and misuse can strain emergency services and may also result in account suspension.

Intellectual Property Rights

All materials that are part of the Service, including but not limited to graphical designs, user interface, audiovisual content, text, and software, are owned, controlled, or licensed by the Company unless explicitly stated otherwise in writing. The entire contents of the Service are protected under applicable intellectual property rights in Canada and internationally. This protection extends to all elements of the Service including its visual and audiovisual content, text, as well as the arrangement, sequence, structure, and organization of these materials. These elements are legally safeguarded against unauthorized use, copying, reproduction, distribution, and modification, except as provided under the terms of use or with express written consent from the Company.

User Content

All content submitted by users to the Service, including but not limited to incident reports, photographs, and other media files, remains the intellectual property of the user who submitted it. By providing content to us, you grant us a non-exclusive, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content solely for the purposes of operating, promoting, and improving our Service. This license includes the right to make the content available to and pass these rights along to, others with whom AlerteUnité has contractual relationships related to the provision of the Service, solely for the purpose of providing such services. The license granted will continue unless and until the content is removed from the system, at which point the license will terminate within a commercially reasonable period.

Disclaimer of Warranties

The Company provides the Service on an “as-is” and “as-available” basis, with no warranties of any kind, either express or implied. The Company disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The user acknowledges that the Service may not meet the user’s requirements or expectations and the Company makes no warranty that the Service will be available uninterrupted or error-free.

The Service provided by our Service is intended to assist users during critical situations. However, we make no guarantees or assurances regarding the outcome of using our Service, including but not limited to the preservation of life or the prevention of injury or harm. By using this Service, you acknowledge and agree that our Service is a tool to aid in emergencies and does not replace professional medical, law enforcement, or other emergency response services. We disclaim any liability for the effectiveness, reliability, or availability of the Service in life-threatening or emergency situations.

Limitation of Liability

The Company shall not be liable to users or any third parties for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use of the Service or the inability to use the Service. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification

The User agrees to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (i) the user’s use of the Service; (ii) any breach of these Terms or applicable law by the user; or (iii) any infringement of third-party rights by the user.

Feedback

If you provide any essays, works of authorship, or other submissions (collectively, “Feedback”) related to your use of the Service, you agree that the Company may use, modify, and act on such Feedback worldwide without owing you royalties or other compensations. This includes the right to reproduce, distribute, and display the Feedback, and to create new materials from it. You confirm that your Feedback is original, that you have all necessary rights to it, and that it does not infringe on any third party’s rights, including intellectual property, privacy, or publicity rights. These rights remain in effect even after your User Account or use of the Service ends.

Termination

Users may discontinue their engagement with the Service at any time by submitting a termination request via email to info@alerteunite.com or by following the steps to deactivate or delete their User Account through the Service. AlerteUnité retains the authority to terminate a user’s engagement with the Service at its sole discretion. Grounds for such termination include, but are not limited to, violation of any Terms, or participation in activities detrimental to the Service or other users.

The removal of a User Account does not result in the immediate removal of the data associated with that account. For legal and law enforcement purposes, we will retain your data for a certain period of time following the deletion of your account. This retention period ensures that we comply with applicable legal obligations and assist in any necessary investigations.

Governing Law & Jurisdiction

These Terms and all aspects of the Service will be governed by and construed in accordance with the laws of Ontario, and the federal laws of Canada.

In the event of a dispute, controversy, claim or difference (collectively “dispute”) arising out of or in connection with your use of the Service, a party must not commence court proceedings relating to any dispute arising from, or in connection with these Terms without first complying the following terms.

Negotiation: In the event of a dispute, the party claiming the dispute must give written notice to the other party (or parties) to the dispute setting out the details of the dispute and proposing a resolution (“Dispute Notice”). Upon receiving the Dispute Notice, the parties will have 4 weeks to meet, via face-to-face, where possible, or virtually, using electronic telecommunication tools to resolve the dispute in good faith. Nothing herein shall preclude any party from seeking injunctive relief in the event that the party perceives that without such injunctive relief, serious harm may be done to the party.

Arbitration: Subject to the negotiation provisions set out above, if any dispute or controversy occurs between the parties relating to the interpretation or implementation of any of the provisions of These Terms, the dispute will be resolved by arbitration at the Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Toronto, Ontario. The arbitration shall proceed in accordance with the provisions of the Ontario Arbitration Act of 1991. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the parties.

Third-Party Links

The Service may include links to third-party websites not owned or controlled by the Company. We are not responsible for the content, privacy practices, or information on these sites. You acknowledge that the Company is not liable for any damages or losses resulting from your use of or reliance on these third-party websites. We recommend reviewing their terms, privacy policies, and cookie policies before use.

Entire Agreement

These Terms, together with the other agreements and policies referenced herein, is the only agreement between you and us regarding the use of the Service and supersedes all prior agreements for the Service and supersedes any prior agreements between us for actions occurring after the effective date of these Terms.

Modifications & Waiver

We reserve the right to change, modify, add to, supplement or delete any of the terms of these Terms (including other agreements and policies referenced herein) at any time, at our sole discretion.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.

Severability

The provisions of these Terms are independent and severable from each other. If at any time any provision of these Terms is or becomes illegal or unenforceable in any respect under the law of any jurisdiction, this does not affect or impair: a) the legality, validity, or enforceability in that jurisdiction of any other provision of these Terms; nor b) the legality, validity, or enforceability under the law of any other jurisdiction of that or any other provision of these Terms.

Contacts

If you have any questions or concerns regarding these Terms, or if you require further clarification on any aspect of our Service, please do not hesitate to contact us. You can reach us via email at info@alerteunite.com. We are committed to ensuring that your experience with AlerteUnité is positive and well-supported, and we encourage you to reach out with any issues or feedback you may have.