FleetCom User Agreement

FleetCom End User License Agreement (EULA) and Terms of Service

Last Updated: December 9, 2025

This End User License Agreement and Terms of Service (“Agreement”) is a legally binding contract between you (“you,” “your,” or “User”) and FleetCom LLC, an Ohio limited liability company (“Company,” “we,” “us,” or “our”). It governs your access to and use of the FleetCom mobile application (the “App”), including all associated software, content, features, updates, documentation, and services provided through or in connection with the App (collectively, the “Service”).

By downloading, installing, accessing, registering for, or using the App or Service, you agree to be bound by this Agreement. If you do not agree, do not use the App or Service.

1. Acceptance of Agreement

You affirm that you are at least 18 years old (or the minimum age required in your jurisdiction) and are fully able and competent to enter into this Agreement.

2. License Grant

Subject to your full compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  • Install and use the App on mobile devices you own or lawfully control.

You may not:

  • Copy, modify, distribute, sell, or lease any part of the App or Service.
  • Reverse engineer, decompile, or attempt to extract source code.
  • Use the App or Service for any unlawful purpose or in violation of third-party rights.
  • Remove or alter any copyright, trademark, or proprietary notices.

3. Location Services and Emergency Dispatch

One core functionality of the App relies on real-time location data to enable emergency dispatch.

3.1 Consent to Location Data Collection and Sharing

By using the App, you expressly consent to:

  • Continuous or periodic collection of your precise geolocation (via GPS, Wi-Fi, cellular triangulation, and other sensors), even when the App is running in the background or closed.
  • Automatic transmission of your location, identity, medical profile (if provided), and emergency context to:
    • Public safety answering points (PSAPs)
    • 911/112/999 emergency call centers
    • Third-party emergency response providers
    • Designated emergency contacts
  • We collect personal and sensitive data, including precise and background location and medical-profile information (if provided), solely to enable emergency communication, routing, and dispatch functionality.

3.2 Accuracy and Reliability Disclaimer

  • Location accuracy is not guaranteed. It depends on device capabilities, network availability, environmental factors, and third-party systems.
  • Emergency dispatch may fail or be delayed due to technical issues, network outages, incorrect user data, or PSAP limitations.
  • The App is not a replacement for direct emergency calls (e.g., dialing 911). Always attempt to contact emergency services directly when possible.
  • The Service may not function on all devices, operating systems, firmware versions, or cellular networks. Performance may be affected by device settings, low battery, power-saving modes, disabled background app refresh, restricted permissions, connectivity limitations, or actions taken by your device manufacturer or mobile carrier. You are solely responsible for ensuring your device is properly configured to use the Service.
  • Support is provided on an “as-available” basis. We do not guarantee any specific response time, resolution time, or availability of support services. Apple and Google have no obligation whatsoever to furnish support services for the App.

3.3 User Responsibilities

  • Keep your profile information (name, address, medical conditions, emergency contacts) accurate and current.
  • Enable location services and background app refresh on your device.
  • Understand that data charges may apply.

4. User Accounts

4.1 Account Creation

Certain features require account registration. You agree to:

  • Provide true, accurate, and complete information.
  • Update your information promptly if it changes.
  • Maintain the security of your login credentials.

4.2 Account Security

You are solely responsible for all activity under your account. Notify us immediately of any unauthorized use.

4.3 Account Termination

We may suspend or terminate your account at any time for violation of this Agreement, suspicious activity, or legal requirements.

5. User Conduct and Prohibited Activities

You agree not to:

  • Use the App to send false, fraudulent, or prank emergency alerts.
  • Interfere with emergency response systems or PSAP operations.
  • Harass, threaten, or impersonate others.
  • Transmit viruses, malware, or harmful code.
  • Scrape, crawl, or collect data from the Service without permission.
  • Use the App in violation of export controls, sanctions, or applicable laws.

Violations may result in immediate termination and reporting to law enforcement.

6. Privacy and Data Use

Your use of the App is also governed by our Privacy Policy, which is incorporated by reference.

Key Privacy Terms:

  • Emergency Data Sharing: Location and profile data may be disclosed to emergency responders without additional consent during active emergencies.
  • Anonymized Data: We may use de-identified data for analytics, research, and service improvement.
  • Third-Party Integrations: Data may be shared with device manufacturers, OS providers (iOS/Android), and emergency routing partners (e.g., RapidSOS, Intrado).

7. Intellectual Property

All content, trademarks, logos, code, and materials in the App and Service are owned by Company or its licensors. You are granted no rights except the limited license in Section 2.

8. App Updates and Modifications

  • We may release updates, patches, or new versions of the App. You agree to install updates to continue using the Service.
  • We may modify, suspend, or discontinue any feature or the entire Service at any time, with or without notice.

9. Termination

9.1 By You

You may terminate this Agreement by deleting your account and uninstalling the App.

9.2 By Company

We may terminate or suspend your access immediately, without notice, for:

  • Breach of this Agreement
  • Fraudulent or illegal use
  • Threats to system integrity or user safety
  • Legal or regulatory requirements

Upon termination, all licenses cease, and you must delete the App.

10. Disclaimer of Warranties

10.1 Key Disclaimers

THE APP AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • ACCURACY OF LOCATION DATA
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SUCCESSFUL EMERGENCY DISPATCH

DISCLAIMER OF WARRANTIES. NOTWITHSTANDING THE FOREGOING, FLEETCOM MAKES NO EXPRESS OR IMPLIED WARRANTY TO COMPANY, ANY END USER, OR ANY OTHER PERSON, INCLUDING  ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, SYSTEMS INTEGRATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT, THAT ANY FLEETCOM SERVICES WILL AVERT OR PREVENT OCCURRENCES, OR THE CONSEQUENCES THEREFROM, WHICH OCCURRENCES ANY SUCH FLEETCOM SERVICES MAY BE DESIGNED TO DETECT OR AID IN DETECTING. FLEETCOM DOES NOT REPRESENT THAT IT HAS ACHIEVED OR OBTAINED ANY SECURITY CERTIFICATION OR OTHER PERMISSION, PERMIT, OR LICENSE FROM ANY GOVERNMENTAL ENTITY OR OTHER PUBLIC OR PRIVATE AUTHORITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERS, WHILE THE FLEETCOM SERVICES ARE NOT DESIGNED, SOLD, OR INTENDED TO BE USED TO DETECT, INTERCEPT, TRANSMIT OR RECORD ORAL OR OTHER COMMUNICATIONS OF ANY KIND, FLEETCOM CANNOT CONTROL HOW THE FLEETCOM SERVICES ARE USED WITH THE END USER DEVICE, AND, ACCORDINGLY, FLEETCOM DOES NOT WARRANT OR REPRESENT, EXPRESSLY OR IMPLICITLY, THAT USE OF THE FLEETCOM SERVICES WILL COMPLY OR CONFORM TO THE REQUIREMENTS OF FEDERAL, STATE OR LOCAL STATUTES, ORDINANCES AND LAWS, OR THAT USE OF THE FLEETCOM SERVICES WILL NOT VIOLATE THE PRIVACY RIGHTS OF THIRD-PARTIES. SELECTED OFFERINGS OF THE FLEETCOM SERVICES ARE DEPENDENT UPON THE END USER’S DEVICE HAVING NETWORK, WIRELESS, BROADBAND, BLUETOOTH OR CELLULAR CONNECTIVITY. COMPANY ACKNOWLEDGES THAT SELECTED OFFERINGS OF THE FLEETCOM SERVICES PROVIDED EITHER SEPARATELY OR ON THE END USER DEVICE CAN BE INTERRUPTED BY ADVERSE WEATHER CONDITIONS, TRANSMISSION LIMITATIONS ATTRIBUTABLE TO THIRD-PARTY CARRIERS, NETWORKS, ATMOSPHERIC OR OTHER CONDITIONS OUT OF FLEETCOM’S CONTROL INCLUDING, WITHOUT LIMITATION, WEAK BATTERIES, SYSTEM CAPACITY ISSUES AND THE END USER BEING OUTSIDE OF A CARRIER’S SERVICE AREA. COMPANY AND EACH END USER SHALL BE SOLELY RESPONSIBLE FOR USING THE FLEETCOM SERVICES IN FULL COMPLIANCE WITH APPLICABLE LAW AND THE RIGHTS OF THIRD PERSONS.

10.2 Additional Dislaimers

THE FLEETCOM SERVICES ARE NOT A REPLACEMENT FOR 911. Even if the FleetCom Services show connectivity, FleetCom has no control over and does not guarantee that any alerts, messages, notifications, texts, or any other communication sent via the FleetCom Services will be: (i) accurate, timely, or successfully sent, delivered, or received; or (ii) delivered to or responded to by any recipient or emergency responder. FleetCom expressly and implicitly disclaims that FleetCom Services or their use will result in: prevention of crime; apprehension or conviction of any perpetrator of any crime; detection or neutralization of any criminal, combatant or threat; proper, timely, or adequate medical treatment or medical diagnoses; preventing any loss, death, injury to any person(s) or damage to property due to any particular event or emergency (“Event or Emergency”). Event or Emergency shall include but not be limited to the following: the discharge of a firearm or other weapon; crash, fall, collision, or impact; or health or medical alert. FleetCom cannot and does not guarantee that any emergency personnel will respond in a timely manner or at all, or that the most appropriate personnel will respond. Additionally, emergency response personnel may not respond because of local laws, regulations, or policies. FleetCom shall not be liable for the conduct, actions, or omissions of independent contractors, central monitoring station agents or employees, 911 dispatch center employees or agents, first responders, law enforcement, medical personnel, governmental entities, or emergency personnel; and loss, damage, or injury to person, property, or life caused or partially caused by those set forth in this subsection or interruption, failure, or defect in the FleetCom Services in communicating with Company, independent contractors, central monitoring station agents or employees, 911 dispatch center employees or agents, first responders, law enforcement, medical personnel, governmental entities, or emergency personnel.

The App and Service are not medical devices, do not provide medical or health advice, and are not regulated by the U.S. Food and Drug Administration or any equivalent authority. The App is intended solely to facilitate communication of emergency information and location data. The App is not a substitute for professional medical care, diagnosis, or treatment, and does not satisfy HIPAA or other medical privacy regulations. You should always call 911 or your local emergency number directly whenever possible.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE ARE NOT LIABLE for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
    • Personal injury, death, or property damage
    • Failed or delayed emergency response
    • Loss of data, privacy, or profits
  • OUR TOTAL LIABILITY shall not exceed the greater of:
    • Amounts you paid us in the 12 months prior to the claim, or
    • USD $50
  • Some jurisdictions do not allow exclusion of certain damages. In such cases, liability is limited to the fullest extent permitted.

12. Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, officers, employees, and partners from any claims, damages, or expenses (including legal fees) arising from:

  • Your use or misuse of the App or Service
  • Violation of this Agreement
  • Infringement of third-party rights
  • False emergency reports

13. Third-Party Services and Integrations

The App may integrate with:

  • Device operating systems (iOS, Android)
  • Emergency data platforms (Noonlight)
  • Mapping services
  • Telecommunications providers

We are not responsible for third-party performance, privacy practices, or availability.

FleetCom is not affiliated with, endorsed by, or partnered with any public safety answering point (PSAP), 911/112/999 authority, emergency service provider, first responder agency, government entity, or medical institution. Any references to emergency responders are descriptive only and do not imply endorsement or operational integration beyond data transmission services provided by third-party emergency-routing partners.

14. Governing Law and Dispute Resolution

14.1 Governing Law

This Agreement is governed by the laws of the state of Ohio, without regard to conflict of laws principles.

14.2 Arbitration

(a) Agreement to Arbitrate. You and Company agree that any claim, dispute, or controversy arising out of or relating to this Agreement or the Service, including the formation, existence, scope, breach, termination, enforcement, interpretation, or validity thereof, and including the determination of the scope or applicability of this Agreement to arbitrate, shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”).

(b) Governing Rules and Place. The arbitration shall be conducted in Cincinnati, Ohio before a single arbitrator in accordance with the AAA Consumer Arbitration Rules if you are an individual using the Service for personal use, or the AAA Commercial Arbitration Rules if otherwise, as applicable, then in effect.

(c) Procedures. The arbitrator shall have the authority to award any relief that would be available in a court under law or in equity, subject to the limitations set forth in this Agreement, and shall issue a reasoned written award. Any arbitration hearing will take place by videoconference unless the arbitrator requires an inperson hearing in Cincinnati, Ohio. Filing, administration, and arbitrator fees will be governed by the applicable AAA rules.

(d) Individual Basis Only; Class and Representative Action Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

(e) Jury Trial Waiver. TO THE EXTENT ANY CLAIM IS NOT SUBJECT TO ARBITRATION, YOU AND COMPANY IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY COURT ACTION.

(f) Small Claims Court Option. Notwithstanding the foregoing, either party may elect to bring an individual claim in small claims court in Cincinnati, Ohio if the claim is within that court’s jurisdiction and is brought on an individual basis only.

(g) Opt-Out. You may opt out of this arbitration agreement by sending a written notice of your decision to opt out to [email protected] with the subject line “Arbitration Opt-Out” and your account email, within 30 days of your first acceptance of this Agreement. Opting out will not affect your other obligations under this Agreement.

(h) Injunctive Relief; IP Protection. Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive relief or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent unauthorized use or abuse of the Service.

(i) Severability of Arbitration Terms. If any part of this Section 14.2 is found unenforceable, the unenforceable term shall be severed and the remainder shall be enforced to the fullest extent permitted; however, if the class action waiver in subsection (d) is found unenforceable, the entirety of this Section 14.2 shall be unenforceable.

15. Changes to This Agreement

We may update this Agreement at any time. Changes will be posted in the App and/or on our website. Continued use after changes constitutes acceptance. If you object, you must stop using the Service.

16. Miscellaneous

16.1 Entire Agreement. This Agreement and the Privacy Policy constitute the entire agreement between you and Company regarding the subject matter herein and supersede all prior and contemporaneous understandings.

16.2 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16.3. No Waiver. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.

16.4. Assignment. You may not assign, transfer, or delegate this Agreement, by operation of law or otherwise, without our prior written consent. We may assign this Agreement, in whole or in part, without notice.

16.5. Force Majeure. We will not be liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control, including acts of God, natural disasters, epidemics, acts of government, labor disputes, failures of suppliers or carriers, or network or utility outages.

16.6. Export Compliance. You represent and warrant that you are not located in a country that is subject to U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and you are not listed on any U.S. government list of prohibited or restricted parties.

16.7. Notices. We may provide notices to you by email, inApp messages, push notifications, or by posting on our website. You consent to electronic communications and agree that such communications satisfy any legal requirements for written notice.

Company Contact: Email: [email protected]
100 FleetCom Lane, Suite 300, Dallas, TX 75201

17. Apple App Store Additional Terms

If you downloaded the App from the Apple App Store, the following terms apply:

17.1 Relationship With Apple

This Agreement is between you and Company only, and not with Apple. Apple is not responsible for the App or its content.

17.2 Apple Has No Support Obligations

Apple has no obligation to furnish maintenance, support, updates, or other services for the App. The Company, not Apple, is responsible for providing any maintenance or support for the App.

17.3 Apple Warranty Disclaimer

To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App.

17.4 Claims Against Company, Not Apple

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including but not limited to:

  • product liability claims,
  • consumer protection claims,
  • privacy claims, or
  • claims that the App infringes third-party rights.

17.5 U.S. Export Compliance

You represent and warrant that you are not in a country subject to a U.S. government embargo or designated as “terrorist supporting,” and that you are not listed on any U.S. government prohibited-party list.

17.6 Apple as Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce the Agreement against you.

18. Google Play Additional Terms

If you downloaded the App from Google Play:

18.1 No Sale of User Data

We do not sell personal data or sensitive user data, including location data or medical profile information.

18.2 Compliance With Google Policies

Your use of the App must comply with all Google Play terms and policies, including the Google Play User Data Policy, Location Permission Policy, and Families/Safety requirements (where applicable).

18.3 Location Permissions Disclosure

Background and precise location are collected solely for emergency dispatch and safety functionality. You may disable these permissions at any time, but doing so will disable core features of the App.

BY USING THE FLEETCOM APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA AND TERMS OF SERVICE.