MEBI senses your thumbprint to begin recording. The instant human contact is removed, MEBI springs into action to send the recorded video to the user’s chosen emergency contacts. A simple four-digit code aborts video delivery. In short, MEBI is protection.
MEBI (hereafter "the App/the Application) is licensed to You (End-User) by Backman Industries (herein after The Company) LLC, located at 7848 Elm Street, firstname.lastname@example.org, San Bernardino, California 92410, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore and/or Google Play, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple and/or Google are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Backman Industries LLC, not Apple nor Google, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Backman Industries LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
MEBI (hereinafter: Application) is a piece of software that controls the camera on a mobile device. When the user presses the thumb print button, it begins recording a video. When the user's thumb then comes off the screen, MEBI immediately sends that video to the user's chosen emergency contacts. The purpose of this app is for safety, security, and to preserve evidence of an encounter. Furthermore, it is used to preserve evidence of domestic abuse, elderly abuse, as an extra layer of security for children, to prevent human trafficking, and evidence of maleficence in encounters with officers of the law.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 Licensor reserves the right to modify the terms and conditions of licensing.
2.2 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 Backman Industries LLC is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
4.2 Backman Industries LLC and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
6.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
6.2 Licensor takes no accountability and responsibility in case of The company takes no accountability or liability for use of the app. Once downloaded the use of the app is the liability of the user and the user alone. Backman industries nor any associate of takes no liability whatsoever for the uses of the app. The user downloading the application at all will be viewed as an agreement that liability for use of the app falls solely on the user..
7.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
7.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Backman Industries LLC's sphere of influence that affect the executability of the Application.
7.3 You are required to inspect the Application immediately after installing it and notify Backman Industries LLC about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of 30 days after discovery.
7.4 If we confirm that the Application is defective, Backman Industries LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
7.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
7.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
8. PRODUCT CLAIMS
Backman Industries LLC and the End-User acknowledge that Backman Industries LLC, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the Application.
9. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
10. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact: Backman Industries7848 Elm Streetbackmanindustries@gmail.comSan Bernardino, CA 92410United StatesBackmanindustries@gmail.com
The license is valid until terminated by Backman Industries LLC or by You. Your rights under this license will terminate automatically and without notice from Backman Industries LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Backman Industries LLC represents and warrants that Backman Industries LLC will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
13. INTELLECTUAL PROPERTY RIGHTS
Backman Industries LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Backman Industries LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
14. APPLICABLE LAW
This license agreement is governed by the laws of the State of California excluding its conflicts of law rules.
15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. 15.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
15.3 This section is simply a redundancy that Backman Industries and any individual associated does not take accountability or liability for use or abuse of the app specifically. The nature of this app is meant to save lives but could also used to expose wrong doing of those in power, therefore in an attempt at self preservation of both the individuals and the company.
15. 4 If in the event MEBI or Backman Industries is terminated it is understood by the user that there will be no refund or liability by Backman Industries or any individual associated with Backman Industries.