Terms of Service

1.1 Who we are#

Bondtrail Technologies Inc. ("Bondtrail", "we", "us" or "our") is a corporation incorporated under the laws of the Province of New Brunswick, Canada, with its registered office at 2-38 Leighside Lane, Saint John, New Brunswick, Canada E2K 2R6.

We operate Bondtrail, a family safety and presence application. Bondtrail is designed so that location sharing is voluntary, visible to the person sharing, and graduated by age. It is not an emergency service, a monitoring service, or a substitute for supervision or communication within a family.

1.2 What these Terms cover#

These Terms of Service (the "Terms") govern your access to and use of:

• the Bondtrail mobile application for iOS and Android (the "App");
• bondtrail.app and any other website or web page we operate, including any page used to view a location shared through the External Sharing feature (the "Website"); and
• all features, content, functionality and services we make available through the App or the Website,

together, the "Services".

1.3 Your agreement to these Terms#

These Terms form a binding legal agreement between you and Bondtrail. By creating an Account, joining a Circle, or otherwise accessing or using the Services, you confirm that you have read, understood and agree to be bound by these Terms.

If you do not agree, you must not use the Services.

Where a Guardian brings a Minor Member into a Circle, or accepts these Terms in connection with a Minor Member's Account, that Guardian agrees to these Terms both on their own behalf and on behalf of that Minor Member, and is responsible for the Minor Member's compliance with them.

1.4 Other documents that apply#

The following form part of these Terms and are incorporated by reference:

• our Privacy Policy, which explains what personal information we collect and how we handle it;
• our Children's Privacy Notice, which explains in plain language how the Services work for Minor Members and what Guardians can see and do; and
• any additional terms we present to you for a specific feature, promotion or subscription plan at the time you use or purchase it.

If there is a conflict between these Terms and a feature-specific term you have accepted, the feature-specific term prevails for that feature only. If there is a conflict between these Terms and the Privacy Policy in relation to the handling of personal information, the Privacy Policy prevails.

1.5 Language#

These Terms and our Privacy Policy are published in English. We do not market Bondtrail specifically in Quebec, but the App can be downloaded anywhere in Canada.

1.6 Changes to these Terms#

We may update these Terms — for example, to reflect a new feature, a change in the law, or a change in how the Services operate.

• Where a change is material, we will give you notice in the App or by email at least thirty (30) days before it takes effect, and will identify the change in a summary at the top of the updated Terms.
• Where a change is minor, corrective or administrative, it takes effect when we publish the updated Terms.

If you do not accept a material change, you may stop using the Services and delete your Account before the change takes effect. Continuing to use the Services after a material change takes effect means you accept the updated Terms.

In these Terms, capitalised terms have the meanings below. The same definitions are used in our Privacy Policy.

3.1 Who can use Bondtrail#

Bondtrail does not set a minimum age. What changes with age is who gives consent and how an Account is created.

• Under 14. A person under 14 cannot create an Account for themselves. They may use the Services only where a Guardian has completed Guardian Verification, has consented on their behalf, and has brought them into a Circle using a Guardian Code. Without that, no Account becomes active.
• 14 and over. A person aged 14 or over may create an Account and consent for themselves. They do not need a Guardian, though they may of course join a family Circle.

A Guardian who consents on behalf of a person under 14 is responsible for that person's use of the Services, and accepts these Terms on their behalf.

3.2 Age declaration and Age Class#

When you first open the App you will be asked for your date of birth before any Account is created. We hold it so that the controls available to you change automatically on your fourteenth and eighteenth birthdays, without anyone having to approve it.

We use the age you declare, and the age confirmed by a Guardian where one applies, to assign your Age Class and Visibility Tier. Together these determine what you can see, what others can see about you, and which controls are available to you.

You agree to provide accurate age information. Providing false age information is a breach of these Terms and may result in suspension or termination under section 14.

3.3 Guardian Verification and the Guardian Code#

Where a Circle includes a Member under 14, an adult must complete Guardian Verification before that Member can use the Services. The process is:

1. The adult completes identity verification through our verification provider, which confirms that they are an adult.
2. Once verified, the adult is issued a Guardian Code. Codes are single use and remain valid until used. A verified adult may generate a fresh code at any time using the Regenerate Code control.
3. The adult gives the code to the Member, who enters it to join that adult's Circle.
4. The Member confirms within the App that the adult is in fact their parent or guardian. Until this confirmation is given, the Circle remains provisional under section 3.4.
5. The Guardian accepts these Terms and the consents described in our Privacy Policy on behalf of the Member.

Identity verification establishes that a person is an adult. It does not establish that they hold parental authority over a particular child. The Member's confirmation in step 4 is what connects the two, and it is the reason that step cannot be skipped. A Member under 14 cannot create or use an Account before it is complete.

You must not share, sell, publish or transfer a Guardian Code to any person other than a Minor Member you have lawful authority over. Doing so is a serious breach of these Terms and may result in immediate termination under section 14.

3.4 Provisional Circles#

Until Guardian Verification is complete, a Circle containing a Minor Member operates in provisional mode. In provisional mode no Member has visibility of any other Member's location. This is a deliberate safeguard, not a defect.

3.5 Your Account#

You are responsible for:

• keeping your credentials confidential and not sharing them with anyone;
• all activity that occurs through your Account;
• notifying us promptly at legal@bondtrail.app if you believe your Account has been accessed without your authorisation; and
• ensuring that the contact details on your Account remain accurate, so that we can reach you about your Account and about SOS-related matters.

You may hold only one Account. You may not sell, rent, transfer or share an Account, and you may not create an Account using another person's identity.

3.6 Where the Services are available#

The Services are offered in Canada. We have restricted availability of the App in the Apple App Store and Google Play to Canada, and these Terms and our Privacy Policy are written for Canadian law.

We do not direct the Services to, or solicit users in, any other country. If you access the Services from outside Canada, you do so on your own initiative and are responsible for compliance with local law. Where we make the Services available in another market, we will publish terms and a privacy supplement for that market before we do.

4.1 Circles#

The Services operate through Circles. A Circle is a closed group. Information shared within a Circle is not shared with other Circles, is not published, and is not made available to advertisers or data brokers.

You may belong to more than one Circle, and you may create as many Circles as you wish. A Circle may contain up to 100 Members.

Sharing is set per Circle. Turning sharing on in one Circle applies to that Circle only. It does not make you visible in any other Circle you belong to.

4.2 Roles#

4.3 Invitations and joining#

A Circle Administrator may invite a person to join a Circle. Joining is voluntary. When you accept an invitation you consent, separately from your acceptance of these Terms, both to receive other Members' information and — if and when you choose to turn sharing on — to share your own with that Circle in accordance with your Visibility Tier.

4.4 Consent to be located#

You may only add a person to a Circle who knows they are being added and agrees to it. Adding a person to a Circle without their knowledge, or in circumstances where their agreement is not freely given, is a serious breach of these Terms. See section 7.2.

4.5 Leaving and removal#

• An Adult Member may leave a Circle at any time.
• An Older Minor may leave a Circle other than one administered by their Guardian.
• A Circle Administrator may remove any Member other than the Primary Administrator.
• A Minor Member may leave a Circle even if administered by their Guardian.
• Removal ends future sharing. It does not delete Activity Log entries recording events that already occurred, and it does not delete an SOS event record.

Where a Member is removed from a Circle, we may prevent that person from rejoining using the same identity and same invite or Guardian Code unless a Circle Administrator permits it by rotating the code and resharing with them. This is a safety control and can be reversed by a Circle Administrator.

4.6 Responsibility of Circle Administrators for Minor Members#

A Circle Administrator who administers a Minor Member's Account is responsible for:

• providing valid consent on the Minor Member's behalf where required;
• controlling the composition of that Minor Member's Circle, so that only appropriate adults can see that child's location;
• reviewing that composition from time to time and removing anyone who should no longer have access. This is done from the Circle settings screen, which is the same member-management screen every administrator uses. Bondtrail does not provide a separate Guardian review screen and does not prompt you to check; and
• exercising any authority they hold for the purpose of the child's safety and welfare, and for no other purpose.

5.1 How visibility works#

Bondtrail does not treat every Member the same way. Which controls you have depends on your age. Three things are true for every Member, in every Circle, at every age:

• Nobody is visible until they choose to be. Location sharing is off on every new Account. No Member of any age appears on any map until sharing has been deliberately turned on for that Circle. Every Member can turn their own sharing off in a Circle at any time; doing so does not stop location collection.
• Bubble events and SOS are recorded permanently. The events listed in section 5.10 are written to an Activity Log that the Member concerned can read, and that no one — including a Circle Administrator, and including us — can edit or delete.
• SOS always wins. SOS overrides every privacy state described below, for every Member, with no delay.

5.2 Visibility Tiers#

Visibility Tiers do not decide whether you are visible. Sharing is off until it is switched on. They decide which controls you have once it is.

A Guardian cannot force a Member of any age to share their location, and cannot prevent a Member of any age from turning sharing off. Guardians should understand this before relying on Bondtrail: a child of any age can switch their own location sharing off. That change is recorded in the Circle Feed but is not sent as a push notification. If you need certainty about where a young child is, Bondtrail is not the right tool.

5.3 Privacy Bubble#

A Privacy Bubble changes what other Members can see of your location. While it is active, other Members see only that you are in a Bubble — no location at all — for a defined period. It is available to Members aged 14 and over. Members under 14 do not have the feature and it is not displayed to them.

A Privacy Bubble does not change what Bondtrail collects. While your App has device-level location permission, your Precise Location continues to be collected and retained as described in our Privacy Policy, whether or not a Bubble is active or sharing is on in a particular Circle. See section 5.14.

• If the Member physically moves beyond the radius, or the period expires, the Privacy Bubble ends automatically and Precise Location resumes.
• Any Member of the Circle aged 14 or over may end another Member's Privacy Bubble manually before it expires. Members under 14 cannot do this.
• When a Privacy Bubble is ended manually, an entry naming the Member who ended it is written to the Activity Log, and the Member whose Bubble it was can see that entry in the App.
• A push notification is also sent to Members who have subscribed to Bubble updates. Whether you receive a push notification depends on your notification settings and on your device. The Activity Log entry is written either way.
• SOS overrides a Privacy Bubble immediately.

Limits. A Privacy Bubble may cover a radius of up to 2 kilometres, and may be active for up to 6 hours in a day. In this release Circle Administrators cannot set a maximum radius or duration for a Member aged 14–17; that control is not available.

There is no limit on how often a Privacy Bubble may be ended by another Member.

5.4 Saved Places and Place Events#

A Circle may save and name places. When a Member is within 150 metres of a Saved Place, other Members see that the Member is at that place — for example "At home" — rather than a precise position or their movements within it.

As with a Privacy Bubble, this changes the display and not the record. Precise Location continues to be collected and retained while the App has device-level location permission, including while a Member is inside a Saved Place or has sharing off in a Circle. See section 5.14.

The Services may generate a Place Event when a Member arrives at or departs from a Saved Place, and may notify other Members.

5.5 Driving detection and driving reports#

The App uses device motion sensors and location data to detect when a Member appears to be driving. Where driving is detected the Services may record trip start and end times, trip duration, apparent speed, and events such as heavy braking, and may generate a weekly summary and a Circle leaderboard.

Driving information is shared only within the Circle. We do not sell it, and we do not disclose it to any insurer, employer or data broker.

5.6 Check-ins and private notes#

The Services may invite Members to record how their day is going and how it went, including a mood response.

• Where a Member records a mood or status intended for the Circle, that summary is shared with the Circle.
• Where a Member records a private note or journal entry, that entry is private to that Member. It is not shown to Circle Administrators, Guardians or other Members.

Check-in and mood information is personal and can be sensitive. Bondtrail is not a mental-health service, does not assess or diagnose anything, and does not monitor check-in responses for signs of distress. If you or someone in your Circle needs support, please contact a qualified professional or your local crisis line.

5.7 Circle Feed and Weekly Pulse#

The Services may generate a feed of events within a Circle, and a weekly summary. Members may also post text and images to the Circle Feed. Feed content is visible only within the Circle. When a member turns location sharing on or off, that change is recorded in the Circle Feed but is never sent through a push notification.

5.8 External Sharing#

External Sharing is not available in this release. We plan to let an Adult Member generate a time-limited web link allowing a person outside the Circle to view their live location in a browser. It is not built, and no location is shared outside a Circle today. When it ships we will update these Terms and our Privacy Policy first. The description below is what we intend, not what exists.

• External Sharing is available only to Members aged 18 and over. This restriction is enforced at the permission layer, not only in the interface. A Minor Member cannot generate an external sharing link under any circumstances.
• The Adult Member chooses the duration and may end the share at any time.
• The recipient sees only the location the Adult Member is sharing, for the period of the share. They do not receive access to the Circle, to other Members, or to any history.
• The Adult Member is responsible for who they send the link to. Anyone holding the link can view the location while the link is live, whether or not you intended them to have it.

When the feature ships, an Adult Member will be able to share until they choose to stop, with no fixed time limit.

5.9 SOS#

See section 6, which contains important limitations.

5.10 Activity Log#

The Services maintain a permanent record of certain events within a Circle, written in plain language. Every Member of a Circle can read that Circle's Activity Log, at any age.

The following are recorded:

• SOS activations;
• Privacy Bubble activations, automatic endings, and manual endings — including the name of the Member who ended a Bubble manually;
• a Member joining or leaving a Circle;
• the creation of a Circle; and
• changes to a Member's role within a Circle.

The following are not recorded: one Member viewing another Member's location, and anything else not listed above. A Member turning their own location sharing on or off is recorded in the Circle Feed, but is never shared through a push notification.

No Member can edit or delete an Activity Log entry, including a Circle Administrator. Nor can we, other than through deletion of the Account in accordance with our Privacy Policy. Activity Log entries are retained for the life of the Account.

5.11 Device and presence information#

Bondtrail receives battery level and charging status from a Member's device to provide device-status information. This information is shared only with Circle members in a Circle where that Member has turned location sharing on. When sharing is off in a Circle, live location, presence and battery information are not shared in that Circle. This setting applies separately to each Circle.

5.12 Notifications#

The Services rely on push notifications and, for Emergency Contacts who are not users, on SMS. Notifications depend on your device settings, your network, your operating system and third-party notification and messaging infrastructure. They may be delayed, suppressed, duplicated or not delivered at all. You should not rely solely on a notification from the Services in a situation where safety depends on it.

5.13 Features change#

We are actively developing the Services. We may add, modify, suspend or remove features.

Some features described in our marketing, roadmap or investor materials are planned rather than available. Nothing outside these Terms and the Privacy Policy is a commitment that a feature exists or will be released. Where we remove a feature that is material to a paid Subscription, section 9.8 applies.

We may make features available on a beta or trial basis. Beta features are provided as-is, may be unstable or withdrawn without notice, and are excluded from any service commitment.

5.14 What we collect is not the same as what is shown#

Several features in this section reduce what other Members see: Saved Places show a place name, and a Privacy Bubble shows a general area. It matters that you understand what those features do and do not do.

6.1 What SOS does#

When a Member activates SOS, the Services will attempt to:

• capture that Member's Precise Location at the moment of activation;
• notify the other Members of that Member's Circle by push notification. The notification tells them that SOS has been activated and by whom; it does not itself carry the location. They open the App to see it;
• notify the Member's designated Emergency Contact by SMS. Because an Emergency Contact may not have the App, this message does carry the Member's name and location, together with the fact that they are asking for help; and
• write a record of the event to the Activity Log and to our SOS event record.

Each of these is an attempt. Section 6.6 explains why none of them is guaranteed.

Activating SOS is deliberate. You slide a button, and a seven-second countdown runs before anything is sent. You can cancel during the countdown. Once the alert has gone, you can mark the event resolved.

6.2 SOS overrides everything#

SOS overrides every privacy state in the Services — Privacy Bubble, stopped sharing, invisibility and Visibility Tier — for every Age Class, with no delay and no exception. By using the Services you consent to this. It is the single point at which safety takes precedence over privacy, and it is deliberate.

6.3 Emergency Contacts#

You may designate an Emergency Contact by providing their mobile phone number. Where you do:

• you confirm that you have the authority to provide that person's phone number and that you have told them they have been designated;
• the Emergency Contact will receive notice from us, at the latest at the time of the first alert sent to them, that their number is held by Bondtrail, for what purpose, and a link allowing them to have it removed;
• an Emergency Contact may ask us at any time to delete their number. We will do so, and we will tell you, so you can designate someone else; and
• we use an Emergency Contact's number only to deliver SOS alerts and the removal notice. We do not market to them or add them to a Circle.

An Emergency Contact is under no obligation to respond, is not trained or vetted by us, and owes you no duty arising from these Terms. Designating someone as an Emergency Contact does not make them responsible for your safety.

6.4 Cancellation and false activation#

You may cancel an SOS during the seven-second countdown, before anything is sent. Once an alert has been sent we cannot recall it, but you can mark the event resolved and we will tell the recipients.

If you activate SOS accidentally, tell your Circle and your Emergency Contact as soon as you safely can.

6.5 Misuse of SOS#

You must not activate SOS other than in a genuine emergency, or in a genuine test that you have told your Circle and your Emergency Contact about in advance. Deliberately generating false emergency alerts, using SOS to harass or alarm another person, or using SOS to force disclosure of another Member's location is a serious breach of these Terms and may result in immediate termination under section 14 and referral to law enforcement.

We may apply rate limits and confirmation steps to SOS activation to reduce accidental and malicious triggering.

6.6 No guarantee#

SOS depends on your device having power, a functioning location sensor, network connectivity and notification permissions, and on third-party networks and infrastructure operating correctly.

We do not guarantee that an SOS alert will be generated, transmitted, delivered, received, read or acted upon. We do not guarantee the accuracy of the location transmitted. We do not monitor SOS activations, and no person at Bondtrail will respond to one.

7.1 What you must not do#

You must not, and must not permit anyone else to:

• use the Services to locate, monitor, follow or observe any person without their knowledge and freely given agreement;
• use the Services to stalk, harass, intimidate, threaten, control, coerce or abuse any person;
• use the Services to monitor an intimate partner, former partner, employee, or any other adult who has not freely agreed to be monitored;
• repeatedly end another Member's Privacy Bubble in order to pressure, punish or control them;
• install the App on a device belonging to another person, or configure another person's device, in order to monitor them covertly;
• sexualise, exploit, groom or endanger a child, or use the Services to obtain a child's location for any purpose other than that child's safety and welfare;
• share, sell, publish or transfer a Guardian Code to any person you do not hold lawful parental authority over;
• impersonate any person, misrepresent your age, or provide false registration information;
• activate SOS other than in a genuine emergency, or generate false emergency alerts;
• circumvent, disable or interfere with any security feature, permission control, age restriction, Visibility Tier, or the Activity Log;
• attempt to gain unauthorised access to the Services, to another Account, or to any system or network connected to the Services;
• reverse engineer, decompile or disassemble any part of the Services, except to the extent this restriction cannot lawfully be excluded;
• scrape, harvest, crawl or extract data from the Services, or use any bot, scraper or automated means to access them;
• exploit a bug, vulnerability or error for any purpose other than reporting it to us;
• resell, sublicense, or make the Services available to any third party as a service;
• use the Services in a manner that infringes any person's rights, or that breaches any applicable law; or
• use the Services in a way that imposes an unreasonable load on our infrastructure.

7.2 Non-consensual tracking is prohibited#

Bondtrail is built so that location sharing is a choice: sharing is off until you turn it on, you can turn it off again at any time, you can see who is in your Circle, and you can leave. Using Bondtrail to track a person who does not know they are being tracked, or who has not freely agreed to it, is not merely a breach of these Terms. Depending on the circumstances it may constitute criminal harassment, unlawful surveillance, or another offence.

We may suspend or terminate an Account immediately, without notice, where we reasonably believe the Services are being used to track a person without their agreement, and we may report the matter to law enforcement.

7.3 Reporting misuse#

If you believe the Services are being used to harm you or someone else, contact us at legal@bondtrail.app.

Please understand what we can and cannot do. Bondtrail is a small company. We aim to respond to a report within seventy-two (72) hours. We do not operate a 24-hour response team and we cannot intervene in an emergency. If you are in immediate danger, contact your local emergency number. We would rather tell you this plainly than have you wait for us.

8.1 You own your content#

You retain all rights you have in your User Content. We do not claim ownership of it.

8.2 Licence you give us#

You grant Bondtrail a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, transmit and display your User Content solely to the extent necessary to operate, secure and support the Services and to deliver your User Content to the Members you have chosen to share it with. This licence ends when you delete the User Content or your Account, subject to our retention schedule and to copies retained in backups until those backups expire.

We do not use your User Content to advertise to you, to advertise to anyone else, or to train any advertising or profiling model.

8.3 Your responsibility#

You are responsible for your User Content. You confirm that you have the rights necessary to submit it and that it does not infringe any third party's rights or breach any law. You must not post content that is unlawful, abusive, harassing, defamatory, hateful, sexually explicit, or that depicts or endangers a child.

We may remove User Content that breaches these Terms.

8.4 Feedback#

If you send us suggestions, ideas or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it for any purpose without obligation or compensation to you. Please do not send us confidential information you do not want us to use freely.

9.1 Free and paid access#

Core safety features are available without payment. These include creating Circles, location sharing consistent with your Visibility Tier, the Privacy Bubble, the Activity Log and SOS. We do not put safety behind a paywall, and we do not limit the number of Circles you may create. What a paid Subscription adds is depth of history:

Current plans and prices are shown in the App.

9.2 Purchases made through an app store#

Where you purchase a Subscription through the Apple App Store or Google Play:

• the purchase is processed by Apple or Google, not by us. We do not receive or store your payment card details;
• billing, renewal, payment method and cancellation are managed in your Apple or Google account settings, not in the App; and
• refunds are governed by Apple's or Google's policies. We are generally unable to issue a refund for a purchase made through an app store, but we will assist you in making a request.

9.3 Purchases made on the Website#

We do not currently sell Subscriptions on the Website. All Subscriptions are purchased through the Apple App Store or Google Play.

9.4 Automatic renewal#

Subscriptions renew automatically. Unless you cancel before the end of the current term, your Subscription will renew for a further term of the same length and the payment method on file will be charged at the then-current price.

Before you subscribe we will tell you the price, the length of the term, the renewal date, and how to cancel. By subscribing you expressly consent to automatic renewal on those terms.

9.5 Cancellation#

You may cancel at any time, effective at the end of the current term. Cancelling stops future renewals; it does not end the current term or trigger a partial refund except where required by law. You keep access to paid features until the end of the term you have paid for.

To cancel a Subscription purchased through an app store, use your Apple or Google account settings. Deleting the App does not cancel a Subscription.

9.6 Trials and promotions#

We offer free trials from time to time, for promotions and to selected members rather than as a standing offer. Where we do, unless we say otherwise the trial converts automatically into a paid Subscription at the end of the trial period unless you cancel before it ends. We will tell you the trial length and the price that applies afterwards before you start.

Promotional pricing applies for the stated period only.

9.7 Taxes#

Prices are shown inclusive or exclusive of applicable taxes as indicated at the point of purchase. You are responsible for any sales, goods and services, harmonised sales, value added or similar taxes.

9.8 Price and plan changes#

We may change our prices and the features included in a plan. We will give you at least thirty (30) days' notice before a price increase or a material reduction in features takes effect for your Subscription, and you may cancel before it takes effect. A price change never applies to a term you have already paid for.

9.9 Non-payment#

If a payment fails we may suspend access to paid features. Your Account, your Circles and your safety features — including SOS — remain available.

9.10 Suspension and paid features#

Where we suspend or terminate an Account under section 14, we refund the unused portion of the current Subscription term on a pro-rata basis. Where the Subscription was purchased through an app store, the refund is processed through that store.

9.11 Consumer rights#

Nothing in this section limits any right you have under applicable consumer protection legislation in respect of contracts of successive performance, automatic renewal, cancellation and refund. Where such legislation gives you a right that conflicts with anything in this section, that legislation prevails.

10.1 Our rights#

The Services, including all software, design, interfaces, text, graphics, sound, animation, documentation and the selection and arrangement of all of it, are owned by Bondtrail or our licensors and are protected by copyright, trademark, patent, trade secret and other laws. Except for the licence in section 10.2, no rights are granted to you.

"Bondtrail", the Bondtrail logo, and our product names and taglines are our trademarks. You may not use them without our prior written consent.

10.2 Licence to you#

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App on a device you own or control, and to access the Website, for your personal, non-commercial use.

This licence does not extend to institutional use. Schools, employers, care providers and other organisations may not deploy Bondtrail under these Terms. Any such use requires a separate written agreement with us.

10.3 Restrictions#

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Services, or remove any proprietary notice, except to the extent these restrictions cannot lawfully be imposed.

10.4 Open source#

The Services include open source software, which is licensed under its own terms. Those terms prevail over this section 10 in respect of that software. We will publish a list of open source components and their licences.

10.5 Copyright complaints#

If you believe content on the Services infringes your copyright, contact us at legal@bondtrail.app with enough detail to identify the work and the allegedly infringing content, your contact details, and a statement that you believe in good faith that the use is not authorised. We will review and, where appropriate, remove the content and notify the person who posted it, who may respond.

11.1 Third-party services#

The Services rely on third-party infrastructure, including cloud hosting, mapping and geocoding services, push notification services, SMS gateways, identity verification and payment processors. Your use of a third-party service may be subject to that provider's terms. We are not responsible for third-party services, and their failure may affect the Services. Our Privacy Policy identifies the categories of provider we use and what each receives, and the current list is published on our Subprocessors page.

Map data is provided by third parties and may be incomplete, out of date or inaccurate.

11.2 Apple App Store#

The following applies where you obtained the App from the Apple App Store:

• These Terms are between you and Bondtrail only, not with Apple Inc. ("Apple"). Bondtrail, not Apple, is solely responsible for the App and its content.
• The licence in section 10.2 is limited to use of the App on Apple-branded products you own or control, as permitted by the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation in respect of the App.
• Bondtrail, not Apple, is responsible for addressing any claim relating to the App, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, claims under consumer protection or privacy legislation, and third-party claims that the App infringes intellectual property rights.
• You represent that you are not located in a country subject to a United States Government embargo or designated as a "terrorist supporting" country, and that you are not on any United States Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, on your acceptance, have the right to enforce them against you.
• Support requests should be directed to Bondtrail at legal@bondtrail.app.

11.3 Google Play#

Where you obtained the App from Google Play, these Terms are between you and Bondtrail only. Google is not a party and is not responsible for the App. Your use of Google Play is subject to the Google Play Terms of Service.

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms and prevails over these Terms in relation to personal information.

In summary, and without limiting the Privacy Policy: we do not sell location data; we do not use location data for advertising; we do not serve advertising in the Services; and we do not disclose location data to advertisers or data brokers. We make money when families subscribe.

We aim to keep the Services available but we do not guarantee that they will be available, uninterrupted, timely, secure or error-free. We may suspend the Services for maintenance, to address a security issue, or where required by law. Where practical we will give notice.

We do not offer a service level commitment.

14.1 By you#

You may stop using the Services and delete your Account at any time in the App. Deletion is handled in accordance with our Privacy Policy.

14.2 By us#

We may suspend or terminate your Account or your access to any part of the Services, with or without notice, where we reasonably believe that:

• you have breached these Terms, and in particular section 7;
• you have used the Services to track a person without their agreement, or to harm, harass or endanger any person, including a child;
• you have provided false age or identity information, or misused a Guardian Code;
• your Account has been compromised, or continued access presents a security risk;
• suspension is required by law or by a regulator, court or app store; or
• you have not used the Account for an extended period, in which case we will give you advance notice.

Where the circumstances allow, we will give notice and an opportunity to respond before terminating. Where a breach presents a risk to a person's safety, we may act immediately.

14.3 Investigation#

We may investigate suspected breaches, including by reviewing Account records, Circle membership, Activity Log entries and SOS records. We may cooperate with law enforcement where legally required, and may disclose information where we believe in good faith that disclosure is necessary to prevent imminent serious harm to a person.

14.4 Effect of termination#

On termination your licence ends and you must stop using the Services. Termination of one Member's Account does not terminate the Circle for other Members.

Where the Primary Administrator of a Circle containing a Minor Member terminates their Account, we will attempt to transfer administration to a Co-Administrator. If there is no Co-Administrator, the Circle will be placed in provisional mode and location sharing for Minor Members will stop, because no verified Guardian remains to hold that authority. SOS remains available.

14.5 Survival#

Sections 2, 6.6, 8, 10, 12, 15, 16, 17, 18 and 19, and any other provision which by its nature should survive, survive termination.

15.1 Provided as-is#

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranty or condition of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, durability, title, non-infringement, accuracy, or arising from a course of dealing or usage of trade.

15.2 Technical limitations#

The Services depend on technology we do not control. We do not warrant that location information will be accurate, current, complete or available. Location information may be wrong, delayed or missing because of:

• inherent limitations and inaccuracy of GPS and other positioning technology, including indoors, underground, in tunnels, in dense urban areas and in poor weather;
• device power loss, device failure, device settings, airplane mode, low-power mode, or location or notification permissions being disabled or restricted by the device operating system;
• operating system restrictions on background location collection, which are outside our control and which may substantially reduce the frequency or accuracy of updates when the App is not in use;
• the App being force-closed, uninstalled, or prevented from running in the background by the device;
• loss of cellular or internet connectivity, network congestion, or carrier outage;
• delay, suppression or non-delivery by third-party push notification or SMS infrastructure;
• inaccuracy, incompleteness or staleness of third-party map and geocoding data;
• deliberate interference, including location spoofing by a user; and
• scheduled or unscheduled interruption of the Services.

15.3 Not a safety guarantee#

The Services provide information. They do not provide safety. We do not warrant that use of the Services will prevent harm, injury, loss, abduction, accident or death. You remain responsible for your own safety and, where you are a Guardian, for the safety of those in your care. The Services are not a substitute for supervision, judgement, communication within a family, or emergency services.

In particular: a Member of any age can turn their own location sharing off in a Circle at any time. The change is recorded in the Circle Feed without a push notification. The absence of a location, a Place Event or an alert tells you nothing reliable about where a person is or whether they are safe.

15.4 Driving features#

Driving detection, driving scores and driving reports are estimates generated automatically. They are not accurate records of driving behaviour and must not be relied on for insurance, employment, disciplinary, evidentiary or legal purposes.

15.5 Check-ins and mood#

Check-in and mood features are for family connection. They are not a health, wellbeing or mental-health service, they do not assess or diagnose anything, and they are not monitored by us for signs of distress.

15.6 Consumer protection legislation#

Some jurisdictions do not allow the exclusion of certain warranties or conditions. Where consumer protection legislation applies to you and cannot be excluded, this section 15 applies only to the extent permitted by that legislation, and nothing in these Terms removes a statutory warranty, condition or guarantee that cannot lawfully be excluded.

16.1 Excluded losses#

To the maximum extent permitted by law, Bondtrail and its directors, officers, employees, contractors, agents, suppliers and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business, goodwill, opportunity, anticipated savings or data, however caused and on any theory of liability, arising out of or in connection with these Terms or the Services, even if we have been advised of the possibility of such damages.

16.2 Cap on liability#

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with these Terms or the Services, in any twelve-month period, will not exceed the greater of:

• the total amount you paid us for the Services in the twelve months immediately before the event giving rise to the claim; and
• one thousand Canadian dollars (CAD $1,000).

16.3 What we do not limit#

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law. In particular, and without limitation, nothing in these Terms excludes or limits our liability for:

• bodily injury or moral injury caused to you, including as provided by article 1474 of the Civil Code of Québec;
• gross negligence, intentional fault or wilful misconduct;
• fraud or fraudulent misrepresentation; or
• any liability which may not lawfully be excluded under applicable consumer protection legislation.

16.4 Allocation of risk#

You acknowledge that the pricing of the Services reflects the allocation of risk in sections 15 and 16, and that we would not provide the Services on the terms offered without it.

To the maximum extent permitted by law, you will indemnify and hold harmless Bondtrail and its directors, officers, employees and agents from and against any claim, demand, proceeding, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or in connection with:

• your breach of these Terms, and in particular section 7;
• your use of the Services to locate or monitor a person without that person's agreement;
• your misuse of SOS, including a false emergency alert;
• your misuse or transfer of a Guardian Code;
• your User Content;
• your provision of an Emergency Contact's phone number without authority; or
• your breach of any applicable law or of any third party's rights.

This section does not apply to the extent the claim arises from our own gross negligence, intentional fault or wilful misconduct, and does not apply where the indemnity would be unenforceable under applicable consumer protection legislation.

18.1 Governing law#

These Terms and any dispute arising out of or in connection with them or the Services are governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable in that province, without regard to conflict of laws rules.

18.2 Talk to us first#

Before starting a proceeding, please contact us at legal@bondtrail.app with a description of the issue and the outcome you are seeking. We will try in good faith to resolve it within thirty (30) days. This step is a courtesy, not a precondition to your rights.

18.3 Courts#

Subject to section 18.4, the courts of the Province of New Brunswick have exclusive jurisdiction, and you and we submit to the jurisdiction of those courts.

18.4 Your rights as a consumer are preserved#

Nothing in section 18.1 or 18.3 deprives you of the protection of the mandatory law of the province or territory where you are resident, or of your right to bring proceedings before the courts of that province or territory where applicable law gives you that right. If you are resident in Quebec, you may bring proceedings before the courts of Quebec.

18.5 No mandatory arbitration#

We do not require you to arbitrate. Nothing in these Terms requires a consumer to submit a dispute to arbitration or waives any right to participate in a class proceeding, to the extent such a waiver would be unenforceable under applicable law.

18.6 Time limit#

To the extent permitted by law, any claim arising out of or in connection with these Terms or the Services must be brought within two (2) years after it arises.

19.1 Entire agreement#

These Terms, together with the Privacy Policy, the Children's Privacy Notice and any feature-specific terms you accept, are the entire agreement between you and Bondtrail in respect of the Services and replace any prior agreement or understanding.

19.2 Severability#

If any provision of these Terms is held to be invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remaining provisions continue in force.

19.3 No waiver#

Our failure to enforce a provision is not a waiver of it.

19.4 Assignment#

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate, or in connection with a merger, acquisition, reorganisation or sale of assets, on notice to you. Where personal information transfers as part of such a transaction, our Privacy Policy applies.

19.5 Force majeure#

Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including natural disaster, epidemic, war, civil unrest, labour dispute, act of government, failure of a telecommunications or utility provider, or failure of the internet.

19.6 Notices#

We may give you notice through the App, by email to the address on your Account, or by posting to the Website. You may give us notice at legal@bondtrail.app or at our registered office.

19.7 Relationship#

Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship between you and Bondtrail.

19.8 Third parties#

Except as stated in section 11.2 in respect of Apple, no person other than you and Bondtrail has any right to enforce these Terms.

19.9 Headings#

Headings are for convenience and do not affect interpretation.

19.10 Contact#