Watchdog Terms and Conditions

Effective Date: 10/28/2024

1. Introduction

Welcome to Watchdog! These Terms and Conditions ("Terms") govern your use of Watchdog (the "Service"), provided by R-Cubed Solutions ("we," "us," or "our"). By accessing or using Watchdog, you ("User" or "you") agree to abide by these Terms and all applicable laws. You agree to review these Terms periodically for any updates. Continued use of Watchdog constitutes acceptance of any updates.

2. Service Overview and Important Disclaimer

Watchdog is a web-based application designed to provide phone-call-based alerts to designated contacts based on events configured within the Service. However, Watchdog is not a comprehensive security system and does not replace professional security or emergency services. It is intended solely as an alert supplement.

Disclaimer: You understand and accept that Watchdog does not monitor, prevent, or respond to security incidents, and it is not intended to be used as a primary security solution.

3. User Responsibilities

3.1 Account Setup and Accuracy

• You are responsible for ensuring all contact and configuration details in your Watchdog account are accurate, current, and correct.

3.2 Proper Use and Compliance with Laws

• You agree to use Watchdog only for lawful purposes and in accordance with all applicable federal, state, and local laws. Any misuse, including attempting to circumvent security protocols or interfering with other users, is strictly prohibited.

3.3 User Assumption of Risk

• You assume all risk in using Watchdog. You acknowledge that the Service does not prevent unauthorized entry, fire, or other incidents, and it cannot be relied upon as a sole security solution.

3.4 Consent for Contact Notifications

• User Responsibility for Contact Consent: By adding contacts to Watchdog, you confirm each contact has provided explicit consent to receive automated calls and notifications. You are solely responsible for ensuring contacts are informed of the alert’s purpose, nature, and frequency.
• Verification of Consent: You agree to validate each contact’s consent through a documented method, such as:
  • A confirmation call or message.
  • A written response (e.g., SMS reply or other method) confirming the contact’s opt-in agreement.
  • Other methods that comply with applicable federal and state laws.
• Ongoing Consent and Management: You must maintain records of each contact’s consent and promptly remove contacts who revoke consent. Watchdog disclaims all responsibility for unauthorized notifications sent to contacts and any associated claims.

3.5 Verification Process for Contact Consent

• One-Time Verification Requirement: Watchdog may send a verification call or message to each contact to confirm their agreement to receive future notifications. This is a one-time step to ensure informed consent.
• User Responsibility to Inform Contacts: You agree to notify each contact about the potential verification call or message. Watchdog does not guarantee successful delivery of the verification due to external factors (e.g., carrier issues, recipient availability). Watchdog is not liable for any claims from contacts if this verification was communicated per these Terms.
• Revoked Consent: It is your responsibility to promptly update your contact list if any contact revokes consent after the initial verification.

3.6 Indemnification for Contact Use and Compliance

• By using Watchdog, you agree to indemnify, defend, and hold Watchdog, its affiliates, employees, and agents harmless from any claims, liabilities, damages, and expenses arising from or related to unauthorized or non-compliant notifications, including any claims from contacts who have not consented to notifications.

3.7 Eligibility and Account Responsibility

• You must be at least 18 years old to use Watchdog. By creating an account, you confirm that you meet this age requirement. You are responsible for safeguarding your account credentials and ensuring that no unauthorized person accesses your account. Watchdog is not liable for any loss or damage arising from unauthorized access to your account due to your failure to maintain security.

3.8 Account Security

• We encourage all users to take additional security measures, such as using strong, unique passwords to protect account access. Watchdog is not liable for unauthorized access resulting from weak or compromised credentials.

3.9 Acceptable Use Policy

• You agree not to use Watchdog for any purpose that is unlawful or prohibited by these Terms. Prohibited activities include but are not limited to: attempting to interfere with the service’s functionality, transmitting harmful code or malware, harassing other users, or engaging in any activity that could harm or disrupt the service or its users.

3.10 Overage Usage and Fees

• If you exceed your monthly allotment of calls or SMS messages, each additional call or message will be billed at a rate of $0.05 USD. This overage fee applies to all messages above your subscribed plan’s limit.
• If you require more users (login access) or contacts (alert recipients) than your current plan allows, additional add-on purchases are available for expanded coverage.
• For custom usage, advanced requirements, or specialized compliance scenarios, please contact our support team to discuss tailored solutions.

4. Service Limitations

4.1 Notification Delivery and Performance

• Watchdog depends on telecommunications networks for notification delivery. Network disruptions, technical errors, scheduled maintenance, or other issues may delay or fail alerts. Watchdog is not liable for any losses or incidents arising from delayed or missed notifications.
• Carrier Liability: Carriers are not responsible for delayed or undeliverable messages or phone calls, and they disclaim liability for any damages arising from such delays or failures. Watchdog users agree that carriers cannot be held liable for issues impacting notification delivery.

4.2 No Emergency Services or Response

• Watchdog does not provide emergency response, dispatch, or monitoring services. It is a tool to enhance security awareness but is not a replacement for emergency responders, law enforcement, or professional monitoring.

4.3 Responsibility for Security Actions

• Any actions you take in response to alerts, including contacting responders or securing property, are your responsibility. Watchdog does not guarantee that alerts will be timely, accurate, or sufficient to prevent harm or loss.

4.4 Limitation on Consent Verification and Compliance

• No Consent Verification Responsibility: Watchdog sends an initial verification call or message to confirm consent from contacts added by users. However, this does not replace the user's responsibility to obtain consent prior to adding contacts. Watchdog relies on the user to ensure that each contact has given permission to receive notifications, and Watchdog is not liable for any issues arising from lack of consent.
• Disclaimer of Liability for Unauthorized Notifications: Watchdog shall not be held liable for notifications sent without consent. The user is solely responsible for compliance with laws governing notifications, including the TCPA, CAN-SPAM Act, and GDPR.

5. Limitation of Liability

5.1 No Warranty

• Watchdog provides the Service "as is" and "as available" without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.2 Limitation on Damages

• To the extent allowed by law, Watchdog, its affiliates, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Service, including damages for lost profits, data loss, property damage, missed notifications, or security breaches.

5.3 Limitation on Total Liability

• Where liability cannot be fully disclaimed, Watchdog’s liability to you shall not exceed the amount paid to Watchdog within the past six (6) months. This limitation applies to all claims, whether in contract, tort, or otherwise.

5.4 User’s Responsibility for Assumed Risks

• By using Watchdog, you accept full responsibility for any risks associated with using the Service. Watchdog disclaims responsibility for any harm, loss, or damages resulting from missed alerts, delays, or inaccurate notifications.

5.5 Limitation of Warranty for Alert Notifications

• Watchdog provides notification services on an "as is" and "as available" basis and makes no warranty regarding the accuracy, reliability, or timeliness of alerts. You acknowledge that notifications may be subject to delays or errors beyond our control.

6. Data Privacy and Security

• 6.1 Data Collection and Usage: Watchdog collects and stores data necessary for alert notifications, including contact information and configurations. By using Watchdog, you consent to the collection, processing, and use of data as outlined in our Privacy Policy.
• 6.2 Data Security Disclaimer: Watchdog employs reasonable security measures but does not guarantee absolute data security. Watchdog is not liable for unauthorized access or breaches resulting from third-party actions or vulnerabilities.
• 6.3 Data Processing and Retention: Data submitted through the Service, including contact and configuration data, may be processed in accordance with Watchdog’s data retention policies. You agree to our use, processing, and retention of data as described.
• 6.4 Contact Data Privacy and Processing: Contact information added to Watchdog will only be used for delivering alerts as configured by you and will not be shared with third parties except as required to deliver the alert notifications. By adding contacts, you acknowledge and confirm that you have obtained each contact’s consent for the collection and processing of their information solely for the purpose of receiving alerts.

7. Modifications to the Service and Terms

• 7.1 Service Adjustments: Watchdog reserves the right to modify, suspend, or discontinue any part of the Service without notice. We aim to notify users of significant changes but are not liable for disruptions.
• 7.2 Terms Revisions: Watchdog may revise these Terms periodically. Notice of significant changes will be posted on our website or communicated to users by email. Significant changes may take effect immediately or after a specified period, as indicated in the notice. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

8. Governing Law and Jurisdiction

• 8.1 Governing Law: These Terms and any disputes shall be governed by Mississippi law, excluding its conflict of law principles.
• 8.2 Jurisdiction and Forum: Legal disputes shall be resolved exclusively in Mississippi state or federal courts. Users consent to jurisdiction and venue in these courts.
• 8.3 Arbitration Agreement: Claims valued below $10,000 will be resolved by binding arbitration in Mississippi under AAA rules. Users waive jury trial rights, agreeing that arbitration will be confidential and final.

9. Third-Party Services

• Watchdog may use third-party services for certain functionality (e.g., phone carriers, VoIP providers). We do not control or guarantee the availability or reliability of these services. Watchdog disclaims all liability for any disruption or limitations arising from third-party services, including but not limited to service outages or delays.

10. Intellectual Property

All materials on Watchdog, including but not limited to logos, designs, and software, are owned by R-Cubed Solutions, LLC, or its licensors. You agree not to reproduce, distribute, or create derivative works from any Watchdog materials without our prior written permission.

11. Termination of Service

We reserve the right to terminate or suspend your access to Watchdog at any time, without notice, if we determine that you have violated these Terms or engaged in fraudulent or harmful activity. Upon termination, your access to the Service will cease immediately, and any ongoing obligations will survive termination.

12. Amendments to Terms

We reserve the right to amend these Terms at any time. Notice of significant changes will be posted on our website or communicated to users by email. Continued use of the Service after an update indicates your acceptance of the revised Terms.

13. Entire Agreement

These Terms and any policies or operating rules posted by us on Watchdog constitute the entire agreement and understanding between you and R-Cubed Solutions regarding your use of the Service. This agreement supersedes any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including any prior versions of the Terms).

14. Additional Provisions

14.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14.2 No Waiver

Failure by Watchdog (R-Cubed Solutions) to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.

14.3 Force Majeure

Watchdog shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, or disruptions to telecommunications networks.

14.4 No Third-Party Beneficiaries

These Terms do not create any right enforceable by any party who is not a user of the Service.

14.5 Assignment

You may not assign or transfer your obligations or rights under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

15. Contact Information

For questions about these Terms, contact us at [email protected].

16. User Acknowledgment

By accessing or using Watchdog, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any future updates. Watchdog is a notification tool only, not a comprehensive security system, and you are fully responsible for configuring and responding to alerts. You accept all liability associated with your reliance on the Service and hold Watchdog harmless from any claims arising from your use. Continued use of Watchdog after any updates to the Terms signifies acceptance of those updates.