Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Xavier Platforms ("Company," "we," "us," or "our") governing your access to and use of the Not Dead Right? mobile application (the "App" or "Service").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP.

By creating an account, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the App.

1. Company Information

Xavier Platforms
Park City, Utah, United States
Website: xavierplatforms.com
Contact: legal@xavierplatforms.com

Xavier Platforms is a multinational technology company founded in 2016, specializing in software development and serving millions of users globally through various applications and platforms.

2. Description of Service

2.1 Purpose

Not Dead Right? is a personal safety check-in application designed to help individuals, particularly those who live alone, maintain regular contact with trusted individuals. The App provides a 48-hour safety timer that, if not reset through a check-in, will notify designated followers and emergency contacts.

2.2 Core Features

• Safety Timer: A 48-hour countdown timer that resets when you check in
• Check-In System: One-tap confirmation that you are safe
• Follower System: Connect with friends and family who can monitor your status
• Emergency Notifications: Automatic alerts to followers and emergency contacts if you don't check in
• Reminder Notifications: Alerts at 6 hours and 1 hour before timer expiration
• "They're Back" Notifications: Alerts to followers when you check in after timer expiration
• Direct Messaging: Private communication with mutual followers
• Emergency Contact List: View phone numbers of expired users you follow

2.3 Service Limitations

THE APP IS NOT:

• An emergency response service
• A medical monitoring device
• A substitute for 911 or emergency services
• A guarantee of safety or wellness
• A medical alert system
• A GPS tracking service

THE APP DOES NOT:

• Contact emergency services (911, police, fire, ambulance)
• Provide medical advice or diagnosis
• Monitor your health or vital signs
• Track your physical location
• Guarantee that notifications will be received or acted upon
• Replace professional medical monitoring or care

3. Eligibility

3.1 Age Requirements

You must be at least 13 years of age to use the App. If you are between 13 and 18 years of age, you must have parental or guardian consent to use the App.

3.2 Account Requirements

• Have a valid Apple ID
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update your information if it changes
• Not create more than one account per person
• Not use the App if you have been previously banned

4. Account Registration and Security

4.1 Sign in with Apple

Account creation and authentication is handled exclusively through Apple's "Sign in with Apple" service. By using the App, you agree to Apple's terms of service for Sign in with Apple.

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Any losses or damages resulting from your failure to protect your account

5. User Conduct

5.1 Prohibited Conduct

You agree NOT to:

Harmful Behavior:

• Harass, bully, stalk, threaten, or intimidate other users
• Send unsolicited, offensive, or inappropriate messages
• Impersonate another person or entity
• Create fake accounts or misrepresent your identity
• Use the App to harm, exploit, or endanger others

Abuse of Service:

• Intentionally trigger false alarms or emergency notifications
• Manipulate the timer system to cause unnecessary alerts
• Spam or flood other users with messages
• Use automated systems, bots, or scripts to access the App
• Attempt to reverse engineer, decompile, or modify the App

6. Emergency Contacts and Notifications

6.1 Emergency Contact Consent

By adding emergency contacts to the App, you represent and warrant that:

• You have obtained consent from each emergency contact to receive SMS notifications
• The contact information you provide is accurate
• You have informed your emergency contacts about the nature of the notifications they may receive
• You will update or remove contacts who withdraw consent

6.2 Notification Limitations

You acknowledge and agree that:

• Notifications depend on internet connectivity and device settings
• SMS delivery depends on carrier services and recipient availability
• We cannot guarantee that notifications will be received or read
• We cannot guarantee that contacts will respond or take action
• Notifications are informational and do not constitute emergency response

6.3 No Duty to Respond

Neither Xavier Platforms nor any user has a legal duty to respond to notifications or check on users who have expired timers. The App facilitates communication but does not create any legal obligations.

7. Messaging and Communication

7.1 Mutual Follower Requirement

Direct messaging is only available between mutual followers (users who follow each other). This restriction is designed to prevent spam and unwanted contact.

7.2 Message Content

You are solely responsible for the content of your messages. You agree not to send messages that are harassing, threatening, sexually explicit, spam, or illegal.

8. Disclaimers

8.1 "As Is" Service

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF CONTENT, AND AVAILABILITY OR UNINTERRUPTED SERVICE.

8.2 No Safety Guarantee

IMPORTANT: THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL EMERGENCY SERVICES, MEDICAL MONITORING, OR PERSONAL SAFETY SYSTEMS.

WE DO NOT GUARANTEE THAT:

• The App will detect or prevent emergencies
• Notifications will be delivered or received
• Emergency contacts or followers will respond
• The App will function without errors or interruptions
• Using the App will ensure your safety or well-being

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XAVIER PLATFORMS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, goodwill, or other intangible losses
• Damages resulting from failure to receive notifications
• Damages resulting from actions or inactions of other users
• Damages resulting from reliance on the App for safety or emergency purposes
• Personal injury, death, or property damage related to your use of the App

Our total liability for any claims shall not exceed the greater of the amount you paid to us in the 12 months prior to the claim, or one hundred dollars ($100).

10. Dispute Resolution

10.1 Arbitration Agreement

You and Xavier Platforms agree that any dispute, claim, or controversy arising from or relating to these Terms or the App shall be resolved by binding individual arbitration, rather than in court, except that either party may seek injunctive relief in court for intellectual property infringement.

YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

10.2 Opt-Out

You may opt out of the arbitration agreement by sending written notice to legal@xavierplatforms.com within 30 days of first accepting these Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. For matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah.

12. Modifications

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms in the App and updating the "Last Updated" date. Your continued use of the App after changes become effective constitutes acceptance of the updated Terms.

13. Termination

You may terminate your account at any time by using the "Delete Account" feature in the App's Settings. We may terminate or suspend your account immediately, without prior notice, if you violate these Terms, engage in fraudulent or illegal activity, or abuse other users.

14. Contact Information

If you have any questions about these Terms, please contact us:

Xavier Platforms
Park City, Utah, United States

General Inquiries: support@xavierplatforms.com
Legal Inquiries: legal@xavierplatforms.com
Privacy Inquiries: privacy@xavierplatforms.com
Website: xavierplatforms.com

15. Acknowledgment

BY USING THE APP, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms of Service
• You agree to be bound by these Terms
• You are at least 13 years of age (or have parental consent if under 18)
• You understand the App is not an emergency response service
• You understand the App does not guarantee your safety
• You understand notifications may not be delivered or acted upon
• You have authority to add your emergency contacts
• You accept the limitations of liability and disclaimers
• You agree to the arbitration provision and class action waiver