Terms & Conditions

These Terms & Conditions (“Terms”) are an agreement between you and UB - Aware (also referred to as “UB Aware,” “we,” “us,” or “our”) governing your access to and use of our mobile application, website, and related services (the “Services”).

By downloading, accessing, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 13 years old, or the minimum age required in your jurisdiction to consent to online services, to use UB - Aware. If you are under the age of legal majority where you live, a parent or legal guardian must review and agree to these Terms on your behalf.

If you use the Services for a company or organization, you represent that you are authorized to bind it to these Terms.

2. What the Services do

UB - Aware uses your current location, when permitted, to surface nearby messages, promotions, events, places, news, weather, traffic, safety information, and other locally relevant content. Features, geographic coverage, participating businesses, and content availability may change over time.

We do not guarantee that every message will reach you, arrive at a particular time, be accurate, or remain available. Location signals, device settings, connectivity, third-party systems, and other factors outside our control may affect the Services.

3. Accounts

You may need an account to use some features. You agree to provide accurate information, keep your credentials secure, and promptly notify us of suspected unauthorized use. You are responsible for activity under your account to the extent permitted by law.

You may not create an account using another person’s identity or access an account without permission. We may refuse, suspend, or terminate accounts that violate these Terms or create risk for users or the Services.

4. Location and notification permissions

The Services rely on optional device permissions. You decide whether to grant location and notification access and can change your choices in device settings. Withholding a permission may prevent the corresponding feature from working.

You are responsible for any mobile-data, messaging, or carrier charges associated with your use of the Services.

5. Business messages and third-party content

Businesses and third-party providers may supply messages, offers, events, maps, news, weather, traffic, public-safety information, links, and other content. Unless we state otherwise, UB - Aware does not endorse or control that content and is not the seller of third-party goods or services.

Offers may have separate eligibility rules, expiration dates, inventory limits, and merchant terms. Questions, disputes, purchases, refunds, and fulfillment concerning a third-party offer are between you and the applicable business.

6. Important safety notice

Never interact with the app while driving or in a way that distracts you from your surroundings. You remain responsible for exercising reasonable judgment and following applicable laws.

7. Acceptable use

You may use the Services only for lawful, personal, and non-commercial purposes unless we agree otherwise in writing. You may not:

• misuse the Services, violate law, or infringe another person’s rights;
• impersonate another person, submit false information, or manipulate your location to commit fraud or obtain an improper benefit;
• probe, disrupt, overload, or bypass security or access controls;
• introduce malware or use automated systems to scrape or extract data without permission;
• reverse engineer, copy, modify, or create derivative works of the Services except where applicable law expressly permits it; or
• use the Services to build or train a competing product without our written permission.

8. Ownership and license

We and our licensors own the Services, including software, design, text, branding, and other content we provide. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to install and use the consumer app on devices you own or control.

Third-party names, logos, and content remain the property of their respective owners. No rights are granted except as expressly stated in these Terms.

9. Feedback

If you send us ideas or feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate it without restriction or compensation. Do not submit confidential information through feedback channels.

10. Privacy

Our Privacy Policy explains how we collect, use, disclose, and retain information. Please review it before using the Services.

11. App stores

If you download the app from Apple’s App Store or Google Play, the store’s terms also apply. These Terms are between you and UB - Aware, not the store operator. To the extent required by the store’s rules, the store operator has no responsibility for the app or related support, maintenance, claims, or warranties, and may be a third-party beneficiary of these Terms.

12. Availability and changes

We may add, remove, suspend, or modify features and content at any time. We may also interrupt access for maintenance, security, legal, or operational reasons. We do not promise that the Services will always be available, error-free, or compatible with every device.

13. Disclaimers

To the fullest extent permitted by law, the Services are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant the accuracy, completeness, timeliness, availability, or usefulness of location results, notifications, third-party content, or other information. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

14. Limitation of liability

To the fullest extent permitted by law, UB - Aware and its affiliates, officers, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, business, or opportunities, arising from or related to the Services.

To the fullest extent permitted by law, our total liability for all claims arising from or related to the Services will not exceed the greater of US $100 or the amount you paid us for the consumer Services during the 12 months before the event giving rise to the claim. These limitations do not apply where liability cannot lawfully be limited.

15. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless UB - Aware and its affiliates from claims, liabilities, damages, losses, and reasonable costs arising from your unlawful use of the Services, your violation of these Terms, or your infringement of another person’s rights. This obligation does not apply to the extent a claim results from our own unlawful conduct.

16. Suspension and termination

You may stop using the Services at any time and may request account deletion as described in our Privacy Policy. We may suspend or terminate access if you materially or repeatedly violate these Terms, create risk or legal exposure, or if we discontinue the Services. Provisions that by their nature should survive will remain in effect.

17. Governing law and disputes

These Terms are governed by the laws of the State of Nevada, United States, without regard to conflict-of-law principles, except to the extent the mandatory laws of your place of residence apply. Subject to those mandatory rights, disputes will be brought in the state or federal courts located in Clark County, Nevada, and you consent to their jurisdiction.

Before filing a formal claim, you and UB - Aware agree to make a good-faith effort to resolve the dispute by contacting the other party and allowing 30 days for a response. Nothing in this section prevents either party from seeking urgent injunctive relief or using an eligible small-claims procedure.

18. General terms

If a provision is unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a reorganization, financing, or transfer of the Services.

These Terms and the Privacy Policy are the entire agreement between you and us concerning the consumer Services and supersede prior discussions about them.

19. Changes to these Terms

We may update these Terms as the Services evolve. We will post the revised Terms and update the date above. If a change is material, we will provide additional notice when required. Your continued use after the updated Terms take effect means you accept them.

20. Contact us

Questions about these Terms may be sent to UB - Aware at [email protected].