Terms of Service
Please read these Terms of Service ("Terms") carefully before using the Incase mobile application (the "App"). By downloading, installing, or using the App, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using the App, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the App.
2. Description of Service
Incase is an emergency location application designed as a personal safety tool to help you communicate your location in emergency situations. The App provides both free and premium features as described below. Features, functionality, and the classification of features as free or premium are subject to change at our sole discretion.
3. Eligibility
You must be at least 13 years old to use the App. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the App.
4. Important Disclaimers About Location Accuracy
THE APP RELIES ON YOUR DEVICE'S GPS AND LOCATION HARDWARE. LOCATION DATA PROVIDED BY THE APP IS APPROXIMATE AND MAY BE INACCURATE DUE TO FACTORS INCLUDING BUT NOT LIMITED TO:
- GPS signal strength and satellite availability
- Indoor environments, dense urban areas, or heavy tree cover
- Device hardware limitations
- Network conditions affecting reverse geocoding
THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL EMERGENCY SERVICES, NAVIGATION SYSTEMS, OR CERTIFIED LOCATION EQUIPMENT. DO NOT RELY SOLELY ON THE APP FOR LIFE-SAFETY DECISIONS.
Nearby emergency services results are sourced from Apple Maps data and may be incomplete, outdated, or inaccurate. Phone numbers and locations of emergency services may change without notice. Always verify emergency service information independently when possible.
5. Emergency Services Disclaimer
The App provides a convenience feature to initiate a phone call to 911 (or your local emergency number). THE APP DOES NOT CONNECT DIRECTLY TO EMERGENCY SERVICES AND IS NOT A REPLACEMENT FOR DIALING 911. The call feature uses your device's standard phone dialer. Call availability depends on your cellular service and network coverage.
The flashlight and siren features are provided as personal safety tools. We make no guarantees about their effectiveness in any particular situation.
6. In-App Purchases and Subscriptions
6.1 Free Features
The App currently provides GPS coordinates, closest street address, compass heading, copy/share functionality, and emergency SOS tools (911 call, flashlight, siren) at no cost.
6.2 Premium Features
Certain features require a premium purchase, including but not limited to: nearest intersection detection, dark mode and layout customization, and nearby emergency services (police stations, fire departments, hospitals with one-tap calling and directions). Premium access is available as a monthly subscription, annual subscription, or one-time lifetime purchase. We reserve the right to add, remove, or reclassify features between free and premium tiers at any time.
6.3 Subscription Terms
- Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period.
- Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
- You can manage and cancel your subscriptions by going to your Apple ID account settings in the App Store after purchase.
- Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.
- Subscription prices may change. You will be notified of any price changes in advance and must agree to the new price to continue your subscription.
6.4 Lifetime Purchase
The "lifetime" purchase is a one-time, non-consumable in-app purchase that grants access to premium features for the operational lifetime of the App. "Lifetime" refers to the lifetime of the App as a product — not the lifetime of the purchaser, their device, or any particular operating system version. If the App is discontinued, acquired, substantially redesigned, or replaced by a successor product, the lifetime purchase does not automatically transfer or entitle the purchaser to access in any new or successor application. We reserve the right to modify, update, or retire features included in the lifetime purchase at any time. No recurring charges apply to the lifetime purchase.
6.5 Payment Processing
All payments are processed by Apple through the App Store. We do not collect, store, or have access to your payment information. All billing inquiries should be directed to Apple Support.
6.6 Refunds
Refund requests must be submitted through Apple. Visit reportaproblem.apple.com to request a refund from Apple.
7. Intellectual Property
The App, including its design, code, graphics, user interface, and content, is owned by us and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.
You may not:
- Copy, modify, or distribute the App
- Reverse engineer, decompile, or disassemble the App
- Use the App for any unlawful purpose
- Remove any copyright or proprietary notices from the App
8. Privacy
Your privacy is critically important to us. Incase collects no personal data and operates entirely on-device. Please review our Privacy Policy for complete details.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of life, injury, or property damage resulting from reliance on the App's location data, emergency service listings, or SOS tools
- Inaccurate or unavailable GPS coordinates, street addresses, intersection data, or compass headings
- Inaccurate, outdated, or incomplete nearby emergency service information
- Inability to reach emergency services through the App's 911 call feature
- Failure of the flashlight or siren features to operate as expected
- Device malfunction, GPS hardware failure, or operating system incompatibility
- Any interruption, suspension, modification, or cessation of the App's functionality
- Loss of data, revenue, or anticipated savings
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00). THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
You agree to indemnify and hold us harmless from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from your use of the App or your violation of these Terms.
11. Disclaimer of Warranties
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, AND QUIET ENJOYMENT.
WE EXPRESSLY DISCLAIM ALL WARRANTIES AND DO NOT WARRANT THAT:
- The App will be uninterrupted, timely, secure, or error-free
- GPS coordinates, addresses, intersection data, or compass headings will be accurate, complete, or reliable
- Nearby emergency service information (including phone numbers, locations, and availability) will be current, complete, or accurate
- The 911 call, flashlight, or siren features will function in all conditions or on all devices
- The App will be compatible with future operating system versions or device hardware
- The App will meet your specific requirements or expectations
- Any defects or errors in the App will be corrected
YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE APP. THE APP IS A SUPPLEMENTAL TOOL AND MUST NOT BE RELIED UPON AS YOUR SOLE MEANS OF DETERMINING LOCATION, CONTACTING EMERGENCY SERVICES, OR MAKING SAFETY-CRITICAL DECISIONS.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which we operate, without regard to conflict of law principles.
13. Dispute Resolution
Any disputes arising from these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.
14. 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.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.
16. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the App or on our website with a new "Last Updated" date. Your continued use of the App after changes are posted constitutes your acceptance of the modified Terms.
17. Apple-Specific Terms
These Terms are between you and us, not Apple. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event of the App's failure to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if applicable); Apple has no other warranty obligation. Apple is not responsible for any claims relating to the App, including product liability, regulatory compliance, or intellectual property infringement. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them.
18. Contact Us
If you have any questions about these Terms, please contact us at:
Email: [email protected]