Terms of Service

1. Who we are and who you are

The Service is owned and operated by Tech Things, LLC, a Louisiana limited liability company ("Provider", "we", "us"), the owner of Active BOLO. The Service is licensed to law-enforcement and public-safety organizations (each an "Agency") for use by the sworn and civilian personnel the Agency authorizes ("Authorized Users", "you"). An Agency's administrator accepts these Terms on behalf of the Agency by enabling the Service for it. Each Authorized User accepts these Terms by signing in.

2. Acceptance

By accessing or using the Service you agree to these Terms and to the Privacy Policy. If you do not agree, do not use the Service. If you are using the Service on behalf of an Agency, you represent that you have authority to bind it. Where an Agency and Provider have signed a separate written agreement, that agreement controls to the extent it conflicts with these Terms.

3. License and restrictions

Subject to these Terms, Provider grants each Agency a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for the Agency's own law-enforcement and public-safety purposes, and grants each Authorized User the right to use it on the Agency's behalf.

You may not, and may not permit anyone to: (a) copy, modify, translate or create derivative works of the Service or any part of it; (b) reverse engineer, decompile, disassemble or otherwise attempt to derive source code, data models, algorithms or designs; (c) rent, lease, lend, sell, sublicense, host for third parties or otherwise make the Service available to anyone other than the Agency's Authorized Users; (d) use the Service to build, train or inform a competing product or service; (e) scrape, crawl, bulk-export or use automated means to access the Service except through features Provider supplies for that purpose; (f) remove, obscure or alter any notice of ownership, copyright or trademark; (g) circumvent or probe any security, rate-limiting or access control; (h) use the Service in violation of law or of the Agency's policies; or (i) access the Service if you are a competitor of Provider, except with Provider's written consent.

4. Intellectual property

The Service, including its software, source and object code, design, screens, workflows, poster and packet formats, notification logic, data models, documentation, the name Active BOLO, the Active BOLO logo and all related marks, and all improvements and derivative works, are and remain the exclusive property of Tech Things, LLC and are protected by United States and international copyright, trademark, trade-secret and other laws. Nothing in these Terms transfers any ownership to an Agency or a user. All rights not expressly granted are reserved.

An Agency's own names, badges, logos and data remain the Agency's. The Agency grants Provider a license to display them within the Service for the Agency's use.

If you send Provider suggestions, ideas or feedback about the Service, Provider may use them without restriction or compensation, and they become part of the Service and Provider's property to the extent they are incorporated.

5. Authorized users and accounts

Access is restricted to accounts on the email domain the Agency designates and, where the Agency chooses, to individuals its administrator approves. You must be at least 18 and be an employee, deputy, officer, dispatcher, contractor or volunteer of the Agency acting within your duties. You are responsible for keeping your credentials confidential, for signing out of shared devices, and for everything done under your account. Tell your Agency administrator immediately if you believe your account has been compromised.

The Agency is responsible for adding, approving, assigning roles to, disabling and removing its users, and for the accuracy of that list. Provider may disable any account that appears to be unauthorized or compromised.

6. Acceptable use

The Service may be used only for legitimate law-enforcement and public-safety purposes consistent with the Agency's policies and with applicable law, including constitutional limits on searches, seizures and surveillance, and laws governing criminal-justice information, juvenile records, medical information and personal data. You must not post information you know to be false, post information you are not authorized to hold or share, use the Service for personal purposes or to monitor any person outside your official duties, harass or discriminate, or introduce malicious code. The Agency, not Provider, decides what is posted, who may see it, how long it is kept and whether anything may be released to the media or the public.

7. Agency data

All bulletins, photos, documents, locations, notes, history and other content entered into the Service ("Agency Data") belong to the Agency. The Agency is solely responsible for its lawfulness, accuracy and for having the right to post it. Provider processes Agency Data only to provide, secure, support and improve the Service, as directed by the Agency through the Service's settings, or as required by law, and does not sell it or use it for advertising. Retention, archiving and purging follow the settings the Agency's administrator chooses. On termination the Agency may export its data through the Service's features; Provider will delete Agency Data within a commercially reasonable period after termination unless the law requires otherwise. Provider may keep de-identified, aggregated operational statistics that do not identify any person or Agency.

8. Posters, packets and public links

The Service can produce posters and case packets and can create links that open them without a sign-in so that officers may send them by text or email. Creating such a link is the user's and the Agency's decision and responsibility. Anyone holding the link can open the document until the bulletin is closed. The user creating the link must have authority to release that information to its recipients, must respect the "Not for media release" marking, and must comply with the Agency's dissemination policies and applicable law. Provider is not responsible for onward distribution by recipients.

8a. Drafts, notices, duty status and exports

Drafts. A bulletin saved as a draft is stored on the Service's servers and is visible to its author and to the Agency's dispatchers, supervisors and administrators until it is sent. Sending a draft distributes it as a new bulletin.

Agency Notices. An Agency Notice is an agency-wide message to every Authorized User. The Agency decides who may send one. The Agency is responsible for the content and timing of its notices; Provider does not review them.

Duty status. An Authorized User may mark themselves off duty. While off duty the Service does not deliver notifications to that user's devices (Agency Notices and Pages excepted unless the user turns those off) and does not request the device's location. The user, not Provider, is responsible for the consequences of missing information while off duty, and the Agency remains responsible for ensuring its personnel receive operational information through its own channels.

Location features. "Near You", the incident map and Directions use the device's location only when the user allows it and only on the device; Provider does not receive or store an officer's location except the fixes an officer deliberately attaches to a bulletin or sighting.

Reports, packets and backups. Administrators can export bulletins as case packets, public-records packets, spreadsheets and agency backups. Every export is the Agency's record and responsibility: the Agency alone decides what may be released, redacts what the law requires before release, and safeguards exported files, which contain Law Enforcement Sensitive and personal information. Exports are logged.

Imports. An Agency that imports people, divisions, landmarks, cities or charge tables represents that it may use that information for the Service and is responsible for its accuracy.

Review and demo accounts. An Agency administrator may create accounts for software review or demonstration. Such accounts are the Agency's responsibility and should be disabled when no longer needed.

9. Sensitive information

Everything in the Service is Law Enforcement Sensitive · For Official Use Only unless the Agency marks it approved for release. You may not screenshot, forward, post or otherwise disclose it outside secure channels authorized by the Agency. Bulletins may contain information about minors, medical conditions, criminal history and victims; handle it accordingly. Every post, edit, view, share and close is logged with the acting user's name and may be reviewed by the Agency.

9a. Verify before acting

The Service shares information between officers. It is not a records system and does not replace one. Before arresting anyone or taking any other enforcement action based on a bulletin, the user must confirm the warrant and the person's current status through NCIC, the agency's records management system, or directly with the issuing agency. A bulletin, poster, case packet or notification is not, by itself, probable cause or authority to arrest, and its descriptions, photographs and status may be incomplete or out of date. Every user acknowledges this requirement in the Service before using it, and it is printed on every poster and case packet. Bulletins shared by a partner agency are subject to the same requirement; confirm with the owning agency.

10. Notifications and availability

The Service is an alerting and information-sharing aid. It is not a computer-aided dispatch system, a 911 system, a records management system of record, an officer-safety system of record, or a substitute for radio communication, dispatch or verified warrant and records checks. An Internet connection is required. The Service, its notifications, maps and documents work only while the device has a working data or Wi-Fi connection. Push notifications depend on Apple, Google, mobile carriers, Internet service providers, device settings, coverage and network conditions that Provider does not control; delivery, timing and order are not guaranteed. Provider is not liable for any bulletin, update, notice or other information that is delayed, not delivered or not received because of carrier or service-provider limitations, dead zones, outages, device settings, a device that is off or out of battery, or any other connectivity failure. Officers remain responsible for monitoring their radio and dispatch. Location information comes from device sensors and third-party geocoding and may be inaccurate. Maps are provided by third parties and may be incomplete or out of date. Always confirm identity, warrants and wanted status through your Agency's authoritative systems before acting. Provider may change, suspend or discontinue any part of the Service, with reasonable notice where practicable.

10a. Uploaded files, video playback and file size

Officers may attach pictures, documents and video clips to bulletins and other records. Not every uploaded video will play on every device. Playback depends on the video format and codec in the file and on what the viewing device's hardware, operating system and browser can decode; a clip exported by a camera or surveillance system (for example in AVI, DAV or H.265/HEVC form) may play on some devices and not others, or not at all. Provider stores and delivers the file as uploaded and does not convert, repair or guarantee the playability of any file. The Agency is responsible for exporting video in a widely supported form (such as H.264 MP4) when everyone must be able to view it, and for keeping the original evidence in its own systems of record. Because the Service is delivered over the Internet, large files take longer to upload and to play, use more of the viewer's data allowance and may fail on weak connections; the smaller the file, the better it serves the field. Provider may set and change size and type limits for uploads, may refuse or remove files that exceed them, and is not liable for any file that will not upload, play or open on a particular device or connection.

11. Security responsibilities

Provider maintains reasonable administrative, technical and physical safeguards appropriate to the Service, including encryption in transit and at rest through its cloud provider, domain-restricted sign-in, role-based access, security rules enforced on every request, application attestation and security headers. The Agency is responsible for: its identity provider and any two-step verification; the devices its users bring; its user list and roles; its retention settings; its decisions to share; and its own compliance obligations, including any duty under the FBI CJIS Security Policy, state criminal-justice-information rules, records-retention law and public-records law. Provider does not represent that the Service alone makes an Agency compliant with any such regime. Each party will notify the other without undue delay of a security incident affecting Agency Data.

12. Fees and trials

Fees, if any, are as stated in the order form, quote or agreement between Provider and the Agency. Trial or pilot use is free of charge for the period Provider specifies and may be ended by either party at any time. Fees are non-refundable except as required by law or expressly agreed in writing. Provider may change fees on renewal with at least 60 days' notice.

13. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT NOTIFICATIONS WILL BE DELIVERED, OR THAT ANY INFORMATION IN THE SERVICE IS ACCURATE OR CURRENT. YOU USE THE SERVICE AT YOUR OWN RISK.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE OR GOODWILL, OR FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM ANY LAW-ENFORCEMENT ACTION OR INACTION TAKEN IN RELIANCE ON THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. PROVIDER'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF THE FEES THE AGENCY PAID PROVIDER FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS (US $100). Some jurisdictions do not allow certain limitations; in those jurisdictions Provider's liability is limited to the fullest extent permitted.

15. Indemnification

To the extent permitted by applicable law, the Agency will defend, indemnify and hold harmless Provider from and against any claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Agency Data, including any claim that it is inaccurate, unlawful or was posted or shared without authority; (b) any action taken or not taken by the Agency or its personnel in reliance on the Service; (c) use of the Service by the Agency or its users in violation of these Terms or of law; or (d) any public link or other dissemination made by the Agency's users. Where an Agency is a governmental body that cannot lawfully indemnify, this section applies to the maximum extent its law allows and the Agency remains responsible for its own acts and omissions.

16. Term, suspension and termination

These Terms apply for as long as the Agency or you use the Service. Provider may suspend or terminate access immediately if it reasonably believes the Service is being misused, a security risk exists, fees are unpaid, or the law requires it, and will notify the Agency's administrator. An Agency may stop using the Service at any time by notice to Provider. Sections 3, 4, 7, 8, 8a, 9, 13, 14, 15, 19 and 20 survive termination.

17. Public agencies

Provider understands that many Agencies are governmental bodies. Nothing in these Terms requires an Agency to waive sovereign or governmental immunity, to agree to venue, indemnification or fee-shifting terms its law forbids, or to violate its public-records, procurement or records-retention obligations; such provisions apply to the maximum extent the Agency's law allows. Responding to public-records requests concerning Agency Data is the Agency's responsibility; Provider will refer such requests to the Agency.

18. App store terms

If you obtained the Active BOLO application through Apple's App Store or Google Play, the following also apply. These Terms are between you (and your Agency) and Provider, not Apple Inc. or Google LLC; Apple and Google have no obligation to furnish maintenance or support for the application and are not responsible for any product warranty, product-liability, intellectual-property or other claim relating to it. To the extent required, Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you. You represent that you are not located in a country subject to a U.S. government embargo or designated a terrorist-supporting country, and are not on any U.S. government list of prohibited or restricted parties. You must also comply with any applicable third-party terms (for example, your wireless carrier's).

19. Governing law and venue

These Terms are governed by the laws of the State of Louisiana and applicable federal law, without regard to conflict-of-laws rules. Subject to Section 17, the state and federal courts located in or serving St. Bernard Parish, Louisiana have exclusive jurisdiction over any dispute arising out of or relating to the Service or these Terms, and the parties consent to their jurisdiction. Provider may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or the security of the Service.

20. General

Provider may update these Terms by posting a revised version with a new effective date and, for material changes, notifying Agency administrators through the Service. Continued use after the effective date is acceptance. These Terms and the Privacy Policy are the entire agreement between you and Provider about the Service and supersede prior understandings, except any signed written agreement with an Agency. If any provision is unenforceable it will be enforced to the maximum extent permitted and the rest remains in effect. Failure to enforce is not a waiver. You may not assign these Terms without Provider's written consent; Provider may assign them to a successor to the Service. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to Provider go to the address in Section 21; notices to an Agency go to its administrator's email on file.

21. Contact

Tech Things, LLC, Active BOLO · hello@techthings.net · activebolo.com