Terms of Service

1. Acceptance of Terms

By downloading, accessing, or using the nexSOS mobile application or any related services ("Service"), You agree to be bound by these Terms of Service ("Terms"). If You do not agree to these Terms, You must not use the Service. These Terms constitute a legally binding agreement between You and nexSOS ("We", "Us", "Our").

2. Description of Service

nexSOS is a community-powered emergency reporting and situational awareness platform. The Service includes:

3. Not a Replacement for Emergency Services

We do not guarantee the availability, accuracy, or timeliness of any features within the Application. nexSOS expressly disclaims any liability for incidents, harm, or damages arising from reliance on the Service as a sole means of emergency communication.

4. User Accounts and Eligibility

To use the Service, You must:

• Be at least 13 years of age
• Provide accurate and complete registration information
• Maintain the security and confidentiality of Your account credentials
• Accept responsibility for all activity under Your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in a manner consistent with its intended function as a safety tool. You may not:

• Submit false, misleading, or fabricated incident reports
• Use the Application to harass, threaten, stalk, or intimidate others
• Record or distribute content that violates local, state, or federal law
• Attempt to reverse-engineer, decompile, or tamper with the Application
• Interfere with the operation, security, or infrastructure of the Service
• Impersonate any person, entity, or government official

Violation of these rules may result in immediate account termination and, where applicable, referral to law enforcement.

6. User-Generated Content

By submitting incident reports, videos, images, or other content through the Application ("User Content"), You grant nexSOS a non-exclusive, worldwide, royalty-free license to store, process, display, and share such content as necessary to operate the Service and fulfill its purpose — including sharing with authorized government partners for public safety purposes.

You represent that You have the legal right to submit any content You provide and that such content does not violate the rights of any third party. nexSOS does not claim ownership of Your User Content but retains the right to remove content that violates these Terms.

7. Government Portal Terms

Access to the nexSOS government portal is available exclusively to licensed public safety agencies under a separate license agreement. Government portal users agree to:

• Use portal data solely for legitimate public safety purposes
• Restrict access to authorized personnel within the agency
• Comply with all applicable data protection and privacy laws
• Not redistribute, sell, or commercially exploit citizen-submitted data

Pricing, data retention, and support terms for government access are governed by the applicable jurisdiction license agreement.

8. NOAA Weather Data

nexSOS integrates with the National Oceanic and Atmospheric Administration (NOAA) to deliver location-based weather alerts. Weather data is sourced from publicly available government APIs. nexSOS does not guarantee the accuracy, completeness, or timeliness of weather alerts and is not responsible for any actions taken or not taken based on weather information provided through the Application.

9. Intellectual Property

The nexSOS Application, including its design, code, branding, and all related intellectual property, is owned by nexSOS and protected under United States Patent No. US 11,704,995 B2 and applicable copyright, trademark, and intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Application without prior written consent.

10. Data Retention

Incident data, including video and location information, is retained in accordance with applicable retention policies. Deleting data from the Application's user interface does not remove it from our secure storage, where it may be retained for security, legal, compliance, and operational purposes. Retention periods for government portal data are defined by the applicable jurisdiction license agreement.

11. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. nexSOS does not warrant that the Service will be uninterrupted, error-free, or secure at all times.

12. Limitation of Liability

To the maximum extent permitted by applicable law, nexSOS and its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of life, bodily injury, property damage, loss of data, loss of revenue, or any other damages arising from or related to Your use of or inability to use the Service — even if advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless nexSOS and its affiliates from and against any claims, liabilities, damages, losses, and expenses — including reasonable attorney's fees — arising out of or related to Your use of the Service, violation of these Terms, or infringement of any third-party rights.

14. Modifications to the Service and Terms

nexSOS reserves the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice. We may also update these Terms from time to time. Continued use of the Service after any modifications constitutes Your acceptance of the revised Terms. We encourage You to review these Terms periodically.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Duval County, Florida.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Contact Us

If You have any questions about these Terms of Service, please contact us at contact@nexsos.app.