Effective date: April 1, 2023
These Terms of Service (“Terms”) govern the use of all services made available by MyTrybe, a product of Arsenal Dev, LLC. (“MyTrybe”, “we”, “our”) including, without limitation, the MyTrybe Monitoring Service (each as defined herein). These Terms are organized into, and inclusive of, two sets of terms: (i) the General Terms and Conditions, which are applicable to all Services made available by MyTrybe, and (ii) the MyTrybe Monitoring Services Terms, which are applicable to the MyTrybe Monitoring Service.
To agree to these Terms, both in your personal capacity and on behalf of you User(s), click “I Agree” where indicated in the registration process for the applicable Service.
GENERAL TERMS AND CONDITIONS
The following General Terms and Conditions apply to all Services made available by MyTrybe. Service specific Terms follow these General Terms and Conditions and apply to the specific Services referenced in the title to those Terms:
1. Definitions. For purposes of these Terms, the following expressions shall be defined as set forth below:
1.1 “Account” or “Accounts” refers, collectively, to all of your Covered Accounts (as defined in the MyTrybe Monitoring Services Terms)
1.2 “MyTrybe Monitoring Services” refers to the child email/text/online activity monitoring service as more particularly described in the MyTrybe Monitoring Services Terms.
1.4 “Feedback” means feedback, comments, ideas and suggestions for improvements, enhancements and modifications to MyTrybe’s products and services provided by you or your User(s).
1.5 “Service Providers” refers collectively to MyTrybe’s affiliates, resellers, referral partners, content providers and service providers who provide services to MyTrybe in connection with its marketing, sale or provision of the Services, as well as any other third-party that is authorized by MyTrybe to distribute MyTrybe Products and/or Services on a stand-alone basis or integrated into a third-party device.
1.6 “Services” refers to the MyTrybe Monitoring Services and any other services made available by MyTrybe in the future.
1.7 “User(s)” refers, collectively, to your Dependents and Subscribers for purposes of the MyTrybe Monitoring Services and your Dependents, Managed Users and Administrative Users for purposes of the MyTrybe Management Services, as each of the foregoing terms are defined in the MyTrybe Monitoring Services Terms as applicable.
1.8 “You”, “Your” refers to the person agreeing to these Terms as the party responsible for the Covered Account and related Dependents in connection with the MyTrybe Monitoring Services, and the Managed Account, Dependents, Administrative Users and Managed Users in connection with the MyTrybe Services. You are also referred to as “Parent” in connection with the MyTrybe Monitoring Services.
Additional terms are defined in these Terms below, including definitions contained in the MyTrybe Monitoring Services Terms.
2. Account Set-Up; Subscription, Auto-Renewal, Cancellation and Refund Policy.
2.1 When you create an Account, you will be asked to create a username (your e-mail account) and password, which you will be solely responsible for safeguarding. You are encouraged to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) for your Account. You are also responsible for keeping your contact information accurate and up to date. You are solely responsible for any activity or actions on or
through your account, resulting from the use of your log-in credentials on your Account, whether or not you have authorized such activities or actions. You represent and warrant that the information you provide to MyTrybe upon registration and use of your Account, and at all other times will be true, accurate, current, and complete and you agree to update such information as necessary to ensure that it remains complete, accurate and up-to-date. You agree to notify MyTrybe immediately of any breach in secrecy of your log-in information and of any unauthorized use of your Account. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a third party, you agree to immediately notify MyTrybe by e-mail to tech@MyTrybe.co. MyTrybe cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements, and you will be solely responsible for the losses incurred by MyTrybe and others due to any unauthorized use of your Account(s).
2.2 The Services are offered on a subscription basis only. On behalf of your User(s), you may choose a monthly subscription or a yearly subscription. If you choose the monthly subscription, a monthly subscription fee is charged each month to the credit card, debit card, or other online payment system (your “Payment Mechanism”) registered with MyTrybe. If you choose the yearly subscription, a yearly subscription fee is charged each year to your Payment Mechanism. For Services where multiple Users share the same Parent and/or Manager (as applicable), only one subscription fee shall be payable in respect of all such Users. The current monthly or yearly fees and more details about the Services are listed here. Monthly subscriptions automatically renew at the end of each monthly term for the next succeeding monthly term. Yearly subscriptions automatically renew at the end of each yearly term for the next succeeding yearly term, unless you cancel the subscription on behalf of your User(s). Monthly and yearly terms will commence on the day you initially subscribe for Services and renew on the same day of each month or year. To cancel the subscription at any time, please navigate to the “Account” page on our Site. Upon cancellation, for any reason, the Services for all User(s) will terminate on the date Services are cancelled. The rights and obligations under these Terms which by their nature should survive termination will remain in effect after expiration or termination of your subscription, including without limitation, provisions relating to intellectual property ownership, warranty disclaimers, confidentiality, limitation of liability, indemnity and the matters in the “Miscellaneous” section of these General Terms and Conditions. No refunds are provided. Some of our Services are sold by third-party resellers. If you purchase Services from one of our third-party resellers, these Terms will apply to your and your User(s)’ use of the Services, but payment terms will be governed by your agreement with the third-party reseller and the provisions regarding payment in these Terms will not apply to you.
3.2 Privacy of Minors. Questions about MyTrybe’s policies or use of information from children under the age of 13 can be directed to Arsenal Dev, LLC, P.O. Box 757, Cody, WY 82414 or at tech@MyTrybe.co. You may terminate MyTrybe’s access, monitoring, collection and/or review of any Covered Account through the MyTrybe Monitoring Services of any Dependent as a Managed User through the MyTrybe Services, by terminating the applicable User’s subscription. The Site and Services do not offer any in-application purchases to children under the age of 13.
4. Payment; Taxes; Suspension or Termination; Third Parties.
4.1 Payment. At the time of registration of your first Account, you authorize MyTrybe to charge your Payment Mechanism with the amount of the applicable subscription fee your Services on a monthly basis (or annual basis, as determined by the payment plan selected) until the subscription is cancelled in respect of all Accounts and Services. All fees are listed in United States Dollars. The fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder. MyTrybe may invoice you for Taxes it is required to withhold and you will pay that amount unless you provide MyTrybe with a valid tax exemption certificate authorized by the appropriate taxing authority. See the MyTrybe Management Services Terms for additional payment terms applicable to the purchased Products and/or Subscription Equipment in connection with the MyTrybe Management Services.
4.2 Suspension or Termination. MyTrybe may suspend or terminate your and your User(s)’ access to the Services in the event of non-payment of the applicable Services fees to MyTrybe by you or, if applicable, your third-party reseller from whom Services were purchased. MyTrybe may, in its discretion, without liability to you or your User(s) and without limiting MyTrybe’s other remedies, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel the Services and take technical and legal steps to prevent you and/or any of your User(s) from using the Services at any time if MyTrybe reasonably believes that you and/or any of your User(s) has breached these Terms. If MyTrybe has suspended the Services due to your and/or your User(s)’ actual or suspected breach of these Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to MyTrybe’s reasonable satisfaction. If an Account is deactivated or cancelled, MyTrybe will have the right, but not the obligation, to delete your and your User(s) information.
4.3 Third Party Charges and Mobile Alerts. You are solely responsible for any fees or charges incurred to use or access the Services through an internet access provider or other third party, including without limitation data charges incurred by you or your User(s), charges to receive SMS messages or other mobile access provided through the Services, which may be billed to you or your User(s), or deducted from you or your User(s)’ prepaid balance by the relevant mobile provider. You and your Users(s) agree that MyTrybe is not liable in any way for any third-party charges.
4.3.1 US Short Code Terms of Service.
(a) By opting in to receive text message alerts from MyTrybe, MyTrybe may send you text message alerts for your account.
(b) You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
(c) If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at tech@MyTrybe.co.
(d) Carriers are not liable for delayed or undelivered messages.
(e) As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages when MyTrybe needs to notify you about potential issues on your MyTrybe account. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
4.4 Links to Third Party Websites. The Services may also provide links to third-party websites, resources or services. You and your User(s) acknowledge and agree that MyTrybe is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by MyTrybe of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You and your User(s) acknowledge sole responsibility for and assume all risk arising from your and your User(s)’ use of any such websites, resources or services or the content, products or services available on or through such websites or services. MyTrybe will not be responsible or liable for any damage or harm resulting from your or your User(s)’ interactions with such websites or services, or the content, products or services available on or through such websites or services.
5. Changes to these Terms. MyTrybe may modify these Terms from time to time. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to use of the Services. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms, we will post the revised Terms and the revised effective date on this Site and may notify you of such changes by displaying a notice (or link thereto) on the Site or otherwise. By using the Services following any modifications to these Terms, you and your User(s) agree to be bound by such modifications.
6. Proprietary Rights; Feedback.
6.1 MyTrybe is a product of Arsenal Dev, LLC who (or our licensor) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in connection with the Services and is the copyright owner or licensee of all content and/or information provided to you through the Services, unless otherwise indicated. Except as otherwise provided herein, use of the Services does not grant you a license to any content, features, or materials you may access through the Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such content, features or materials, in whole or in part. Any commercial use of the Services is strictly prohibited, except as allowed herein or otherwise approved by us.
6.2 If you and/or your User(s) make use of the Services other that as provided herein, in doing so you and/or your User(s) may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Services.
6.3 The information on the Services, including, without limitation, all text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
6.4 Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of MyTrybe or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
6.5 The MyTrybe logos and service names are property of MyTrybe (the “MyTrybe Marks”). Without our prior permission, you and your User(s) agree not to display or use MyTrybe Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any MyTrybe Mark without our prior written consent.
6.6 You and your User(s), acknowledge and agree that all Feedback will be the sole and exclusive property of MyTrybe. Without limiting the foregoing, you and your User(s) acknowledge that Feedback may be disseminated or used by MyTrybe or its affiliates for any purpose whatsoever, including developing, improving and marketing MyTrybe’s products and services. You and your User(s), hereby irrevocably transfer and assign to MyTrybe all of their respective rights, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waives any moral rights you or your User(s) may have in such Feedback.
7. Indemnity. You and your Users agree to defend, indemnify and hold MyTrybe, its directors, officers, employees, agents, affiliates and Service Providers (as defined below) harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with:
7.1 your and your User(s)’ use of the Products or Services,
7.2 your and/or your User(s)’ violation or breach of these Terms or applicable law,
7.3 the unauthorized use or distribution of the Products or Services by you or your User(s),
7.4 your or your User(s)’ gross negligence or willful misconduct, and/or
7.5 the posting or transmission of any materials on or through the Services by you and/or
your User(s), including, but not limited to:
7.5.1 any third-party claim that any information or materials you or your User(s) provide infringes any third-party proprietary right, or
7.5.2 the unlawful use or disclosure by you and/or your User(s) of any third-party personal information obtained via any alert received from MyTrybe.
8. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYTRYBE, ITS SERVICE PROVIDERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR (a) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS OR SERVICES, OR ANY OF THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF MYTRYBE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) AGGREGATE DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR AND/OR YOUR USER(S)’ USE OF THE PRODUCTS OR SERVICES EXCEED THE AMOUNT OF THE SUBSCRIPTION FEES PAID BY YOU TO MYTRYBE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE OBLIGATIONS SURVIVE TERMINATION OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND/OR YOUR USER(S).
9. Compliance with Law. You and your User(s) agree to comply with all applicable laws, rules and regulations in connection with your and your User(s)’ use of the Service. Without limiting the generality of the foregoing, you and your User(s) agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you and your User(s) reside.
10. Applicable Law/Jurisdiction. You and your User(s) agree that the laws of the State of Wyoming, in the United States, excluding its conflicts-of-law rules, shall govern these Terms, except as otherwise set forth in Section 13 of these General Terms and Conditions (to the extent applicable to you or your User(s)). Please note that your and your User(s)’ use of the Services or the Site may be subject to other local, state, national, and international laws. You and your User(s) expressly agree that exclusive jurisdiction for resolving any claim or dispute with MyTrybe or relating in any way to your and/or your User(s)’ use of the Services resides in the state and federal courts of Park County, Wyoming, and you and your User(s) further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Park County, Wyoming.
11. Class Arbitration; Prohibition of Class and Representative Actions and Non- Individualized Relief.
11.1 Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including the breach, termination or validity thereof, shall be finally resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the Terms to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
11.2 IF AND TO THE EXTENT THE PROVISIONS OF SECTION 11.1 ABOVE ARE NOT ENFORCEABLE, YOU AND YOUR USER(S) AGREE THAT YOU AND YOUR USER(S) MAY BRING CLAIMS AGAINST MYTRYBE ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS EACH OF YOU, YOUR USER(S) AND MYTRYBE OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
12.2 You and your User(s) agree that no joint venture, partnership, employment, or agency relationship exists between MyTrybe, you and your User(s) as a result of these Terms or your and your User(s)’ use of the Services.
12.3 Any claim or cause of action you or your User(s) may have with respect to MyTrybe must be commenced within one (1) year after the claim or cause of action arose.
12.4 The failure of MyTrybe to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
12.5 Neither you nor your User(s) may assign the Terms or any of your respective rights or obligations under the Terms without MyTrybe’s express written consent.
12.6 The Terms inure to the benefit of MyTrybe’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
12.7 Except for the provisions benefiting MyTrybe’s Service Providers herein, which provisions shall be directly enforceable by MyTrybe Service Providers, or as otherwise specifically set forth herein, the provisions of these Terms do not confer any rights or remedies upon any person or entity other than you, your User(s) and MyTrybe and our respective successors and permitted assigns.
12.8 Equitable Relief. You and your User(s) hereby acknowledge that any breach of these Terms by either of them would cause irreparable harm and significant injury to MyTrybe that may be difficult to ascertain and that a remedy at law would be inadequate. Accordingly, you and your User(s) agree that MyTrybe shall have the right to seek and obtain immediate injunctive relief to enforce obligations under these Terms in addition to any other rights and remedies it may have, without the obligation to post a bond even if ordinarily required.
12.9 Severability. All terms and provisions of these Terms shall, if possible, be construed in a manner which makes them valid, but in the event any term or provision of these Terms is found by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of these Terms shall not be affected if the illegal or unenforceable provision does not materially affect the intent of these Terms, and in such circumstances, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the unenforceable term or provision, and the other provisions of the Terms remain in full force and effect. If the illegal or unenforceable provision materially affects the intent of the parties to these Terms, these Terms shall become terminated.
12.10 California Residents. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
13. Notices / Contacting Us. MyTrybe may notify you via either email or regular mail. Any inquiries you may have concerning these Terms, or to provide any notice to MyTrybe hereunder, should be directed to: Arsenal Dev, LLC, P.O. Box 757, Cody, WY, 82414, with a copy to tech@MyTrybe.co.
MYTRYBE MONITORING SERVICES TERMS
1. Introduction. The MyTrybe Monitoring Services are a tool operated by MyTrybe which provides you, as the Subscriber’s parent or legal guardian (“Parent”, “you”, “your”) with push notification alerts when potential online dangers (such as cyberbullying) or potential signs of trouble (such as depression) are identified in iPhone usage involving the Subscriber. For this purpose, each Subscriber is allocated an account (a “Covered Account”). The MyTrybe Monitoring Services include automated review by our proprietary technologies of communications involving the Covered Account. This review may include the use of listening devices, such as in relation to audio files. The MyTrybe Monitoring Services currently support English language interactions only; additional language interactions may become available in the future.
2. Acknowledgements. You acknowledge, understand and agree that:
3.1 General. In order to subscribe to the MyTrybe Monitoring Services a Subscriber must be represented by his/her parent or legal guardian who must be 18 years or older, and who will subscribe for the MyTrybe Monitoring Services on the Subscriber’s behalf.
3.2 Parent or Legal Guardian. You may register only your own child or children and/or legal Dependent(s) to be monitored under such Dependent’s subscription to the MyTrybe Monitoring Services. You hereby represent and warrant that you are the parent or legal guardian of the Subscriber specified for any Covered Account to be monitored by the MyTrybe Monitoring Services. If your child is 18 or older and you are not the child’s legal guardian by reason of disability, you may be permitted to subscribe for the MyTrybe Monitoring Services on behalf of your Subscriber to be monitored under the subscription to the MyTrybe Monitoring Services provided: (i) you have obtained his/her prior, written consent to do so, (ii) you notify MyTrybe of such request in accordance with the notice provision herein, and (iii) you obtain MyTrybe’s prior written approval for the continuation of such subscription, signed by a duly authorized officer of MyTrybe. You acknowledge and agree that your indemnity obligations under Section 7 of the General Terms and Conditions hereof will apply to your and each Subscriber’s use of the MyTrybe Monitoring Services in violation of this Section 3.2.
3.3 Covered Accounts. Upon registration, you must identify each Subscriber to be monitored by the MyTrybe Monitoring. You must also provide the name of the third-party service (such as Gmail, Facebook or Twitter) and the username and password of the Subscriber for each Covered Account to be connected to the MyTrybe Monitoring Services. Such username must not be the Subscriber’s actual name or any nickname by which his/her identity could be determined by any third party. The log-in information of the Subscriber’s Covered Account is used to establish our access to the online interactions in the Covered Account. In respect of his/her Covered Account, the Subscriber expressly authorizes MyTrybe and its Service Providers without further notice to the Subscriber or any party to the communication, to (i) access, monitor, review, and store all online interactions and other communications to and from the Covered Account and (ii) compile and transmit alerts to the Parent as contemplated in Sections 4, 5 and 6 of these MyTrybe Monitoring Services Terms. Use of the MyTrybe Monitoring Services is limited to the United States and those other countries and/or territories identified in Section 13 of the General Terms and Conditions. Any use of the MyTrybe Monitoring Services outside of such countries and/or territories is strictly prohibited.
3.4 Minimum Age Requirements of Third-Party Platforms. You and the Subscriber expressly acknowledge that most third-party platforms are restricted to individuals who are 13 or older, and that, as between the you and the Subscriber on one hand, and MyTrybe on the other, compliance with any such age requirement is your and the Subscriber’s sole responsibility.
4. Collection of Subscriber’s Information.
4.1 Information. During registration for the MyTrybe Monitoring Services, MyTrybe will collect the name of the Subscriber associated with a Covered Account. In connection with providing the MyTrybe Monitoring Services thereafter, MyTrybe will access and monitor communications to and from such Covered Account, which you and the Subscriber understand and agree may include or reference communications by or from other minor children.
4.2 Consent. You and the Subscriber expressly consent to MyTrybe’s collection, monitoring and review of any information obtained in connection with a Covered Account, including all communications to and from such Covered Account.
5. Health, Welfare, and Safety Reporting. We provide alerts to you regarding the Subscriber’s online activities. If you suspect or determine a threat to the health, welfare, or safety of any individual or entity, you should contact local law enforcement or other governmental agencies to make a report. If we identify information that in our sole discretion indicates health, welfare, or safety concerns for an individual or entity, we have the right, but not the obligation, to make reports to law enforcement or other appropriate governmental agencies and you and the Subscriber consent to our authority to do so. The foregoing consent is a condition for the use of the MyTrybe Monitoring Services.
6. Alerts. MyTrybe will endeavor to send alerts by push notification to your mobile device(s) (if properly configured). You are required to maintain updated email or text contact information and bear all risks associated with providing MyTrybe with inoperable or incorrect contact information.
7. Third Party Information. You undertake to permanently and irretrievably request that MyTrybe delete any alert containing personal information about any third party, immediately (or as soon as reasonably possible, time being of the essence) upon receipt thereof. You furthermore undertake not to (i) use such personal information for any unlawful purpose whatsoever or (ii) contact or otherwise communicate or attempt to communicate with any third party, including the third party to whom such personal information relates, regarding the content of such alert.
8. Disclaimers. YOU AND THE SUBSCRIBER EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
8.1 THE MYTRYBE MONITORING SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, (ii) ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND (iii) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
8.2 MYTRYBE DOES NOT WARRANT THAT THE MYTRYBE MONITORING SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
8.3 MYTRYBE MAKES NO WARRANTY THAT THE MYTRYBE MONITORING SERVICES WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS; OR THAT USE OF THE MYTRYBE MONITORING SERVICES WILL PROTECT ANY SUBSCRIBER OR THIRD PARTY FROM HARM;
8.4 ANY INFORMATION OBTAINED THROUGH USE OF THE MYTRYBE MONITORING SERVICES IS DELIVERED TO YOU FOR YOUR USE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM MYTRYBE’S PROVISION OF OR FAILURE TO PROVIDE ANY SUCH INFORMATION;
8.5 NO ADVICE, RESULTS OR INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE MYTRYBE MONITORING SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN;
8.6 MYTRYBE DOES NOT PROVIDE LEGAL OR MEDICAL ADVICE AS PART OF THE MYTRYBE MONITORING SERVICES; AND
8.7 IF YOU AND/OR THE SUBSCRIBER ARE DISSATISFIED WITH THE MYTRYBE MONITORING SERVICES, THE SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.