Terms of Use
These Terms of Use (the “Terms”) constitute a legally binding agreement between you and Pinchuk LLC governing your access to and use of the Migri mobile application and all related services. Please read these Terms carefully. They contain important provisions, including a disclaimer that the App is not an emergency service, limitations of our liability, an indemnification obligation, and a binding arbitration agreement and class-action waiver.
By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the App.
You must be at least eighteen (18) years of age to download, install, or use the App. By using the App, you represent and warrant that you are eighteen years of age or older, that you have the legal capacity to enter into these Terms, and that your use of the App will comply with all applicable laws. The App is intended for users located in the United States of America.
The App is a personal-safety tool that enables you to record your location and to transmit your location and related information to Contacts you designate, either upon your activation of a feature or upon the occurrence of conditions you configure. The App does not summon, dispatch, or guarantee any response from emergency services, law enforcement, legal counsel, or any other person. Whether and how any Contact responds is entirely outside the Company’s control. The App’s functionality is contingent upon conditions described in Section 6 and may be unavailable or impaired at any time.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the App on a device you own or control, solely for your personal, non-commercial use. All rights not expressly granted are reserved by the Company.
The App is designed to operate without registration of a personal account, email address, or social-media login. Each installation is associated with a randomly generated device identifier. You are responsible for the security of the device on which the App is installed. Because the App is account-free, anyone with access to your unlocked device may be able to access the App and the information within it; you are solely responsible for controlling access to your device.
The App depends on permissions and conditions that you control, including location permission (including background location), notification permission, sufficient battery, functioning device hardware, operating-system behavior, and network connectivity. You acknowledge and agree that:
You agree not to, and not to permit any third party to: (i) use the App for any unlawful, harassing, abusive, or fraudulent purpose; (ii) use the App to track, surveil, or transmit the location of any person without that person’s knowledge and consent; (iii) reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent such restriction is prohibited by applicable law; (iv) interfere with, disrupt, or compromise the integrity or security of the App or its servers; (v) access the App through automated means or to build a competing product; or (vi) remove, obscure, or alter any proprietary notice. Migri is intended to protect the person using it; using the App to monitor another person without consent is strictly prohibited and may be unlawful.
You represent and warrant that, before entering any other person’s information into the App, you have obtained that person’s informed consent to the entry of their information and to the transmission of your location and related information to them. You are solely responsible for obtaining and maintaining such consent. You agree to indemnify the Company in respect of any claim arising from your failure to do so, as set forth in Section 17.
The App may offer paid subscriptions and one-time purchases. The products available and their prices are presented within the App at the point of purchase and may change from time to time. All purchases are processed by the Marketplace through which you obtained the App, and are subject to that Marketplace’s terms.
Subscriptions automatically renew for successive periods of the same duration unless cancelled. Unless you cancel at least twenty-four (24) hours before the end of the current period, your subscription will renew, and the applicable Marketplace account will be charged the then-current price for the renewal period. The renewal charge is applied within the twenty-four (24) hours prior to the end of the current period.
You may manage or cancel a subscription, and disable automatic renewal, through the subscription settings of your Marketplace account. Cancellation takes effect at the end of the then-current period; you retain access to paid features until that time. Deleting the App does not, by itself, cancel a subscription.
Because all transactions are processed by the Marketplace, all requests for refunds are governed by, and must be directed to, the applicable Marketplace in accordance with its policies. Except where required by applicable law, all purchases are final and non-refundable, and the Company does not itself issue refunds.
The App relies on third-party services, including mapping, push-notification, and payment services. Your use of any third-party service is governed by that party’s own terms, over which the Company has no control and for which the Company bears no responsibility.
If you obtained the App from the Apple App Store, you acknowledge that these Terms are between you and the Company only, and not with Apple Inc.; that Apple has no obligation to provide maintenance or support for the App; that, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will, to the extent required, refund the purchase price, and that Apple has no other warranty obligation; that the Company, not Apple, is responsible for addressing any claims relating to the App; and that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
If you obtained the App from Google Play, your use is additionally subject to the Google Play Terms of Service, and you acknowledge that Google is not a party to these Terms and is not responsible for the App.
The App, including all software, design, text, graphics, and the Migri name and marks, is owned by the Company or its licensors and is protected by intellectual-property laws. These Terms grant you no right, title, or interest in the App other than the limited license expressly stated in Section 4. You may not use the Company’s name or marks without prior written permission.
The App does not provide legal, immigration, medical, or other professional advice, and no Content within the App constitutes such advice. The designation of an attorney within the App does not create an attorney-client relationship between you and the Company or between you and any attorney. You should consult a qualified professional regarding your specific circumstances. Your reliance on the App or any Content is at your own risk.
THE APP AND ALL RELATED SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM LOSS OF DATA; THAT LOCATION DATA WILL BE ACCURATE, COMPLETE, OR TRANSMITTED WITHOUT DELAY OR FAILURE; THAT ANY NOTIFICATION OR ALERT WILL BE GENERATED, DELIVERED, DELIVERED ON TIME, OR RECEIVED BY ANY INTENDED RECIPIENT; OR THAT THE APP WILL PREVENT, DETECT, OR MITIGATE ANY HARM, DETENTION, OR ADVERSE EVENT.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. YOU ASSUME ALL RISK ARISING FROM ANY FAILURE, DELAY, OR INACCURACY OF THE APP, INCLUDING ANY FAILURE TO COLLECT OR TRANSMIT LOCATION DATA OR TO DELIVER ANY ALERT, AND FROM ANY ACTION OR INACTION OF ANY CONTACT OR THIRD PARTY. YOU AGREE THAT THE APP IS A SUPPLEMENTARY TOOL AND THAT YOU WILL NOT RELY ON IT AS A SOLE OR PRIMARY MEANS OF OBTAINING ASSISTANCE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, LIBERTY, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM (I) ANY FAILURE, DELAY, OR INACCURACY IN LOCATION DATA OR NOTIFICATIONS; (II) ANY ACT OR OMISSION OF ANY CONTACT OR OTHER RECIPIENT; (III) ANY ACT OF ANY GOVERNMENTAL OR LAW-ENFORCEMENT AUTHORITY; OR (IV) ANY THIRD-PARTY SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO THE COMPANY, THROUGH THE MARKETPLACE, FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100). Some jurisdictions do not allow certain limitations, so some of the foregoing may not apply to you.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO (I) YOUR USE OR MISUSE OF THE APP; (II) YOUR VIOLATION OF THESE TERMS OR ANY APPLICABLE LAW; (III) YOUR ENTRY OF ANY THIRD PARTY’S INFORMATION WITHOUT THAT PARTY’S CONSENT; OR (IV) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
These Terms are governed by the laws of the State of California and the Federal Arbitration Act, without regard to conflict-of-laws principles.
Before commencing any formal proceeding, you agree to first contact the Company using the details in Section 22 and to attempt in good faith to resolve the dispute informally for a period of sixty (60) days.
ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP THAT IS NOT RESOLVED INFORMALLY SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY ARBITRATION ADMINISTRATORUNDER ITS THEN-CURRENT RULES, ON AN INDIVIDUAL BASIS. THE ARBITRATION SHALL TAKE PLACE IN SACRAMENTO COUNTY, CALIFORNIA, OR, AT YOUR ELECTION, BY TELEPHONE OR VIDEOCONFERENCE.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
Notwithstanding the foregoing, either party may bring an individual claim in small-claims court. You may opt out of this arbitration agreement by sending written notice to the Company within thirty (30) days of first accepting these Terms, using the contact details in Section 22.
The Company may suspend or terminate your access to the App at any time, with or without cause and with or without notice, including if we believe you have violated these Terms. You may terminate these Terms at any time by ceasing all use of the App and deleting it from your device. Upon termination, the license granted in Section 4 ends. Sections that by their nature should survive termination — including Sections 12 through 18, 20, and 21 — survive.
The Company reserves the right, at its sole discretion, to modify, suspend, or discontinue the App or any feature at any time, with or without notice, and shall not be liable for doing so. We may also amend these Terms from time to time. When we do, we will revise the “Last Updated” date and post the amended Terms at the URL above. Your continued use of the App after the effective date of any amendment constitutes acceptance of the amended Terms.
Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and the Company regarding the App and supersede all prior agreements.
Severability. If any provision is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force.
No Waiver. The Company’s failure to enforce any provision is not a waiver of its right to do so later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
Force Majeure. The Company is not liable for any failure or delay caused by events beyond its reasonable control.
Headings. Section headings are for convenience only and have no legal effect.
For questions about these Terms, or to provide any notice, you may contact us: