Terms of Use - SmartSteps

SMART STEPS® LLC TERMS OF USE

This “Terms of Use” is a legal contract (“Agreement“) between you and Smart Steps® LLC, a Kansas limited liability company with a principal place of business at 9600 Woodson Drive, Overland Park, Kansas 66207 (referred to herein as the “Company”). The terms of this Agreement govern your use of:

the Company’s website located at www.SmartSteps4me.com (the “Website“),
corresponding social media sites,
the Company’s mobile application Smart Steps Mobile (the “MobileApp”), and
all content, software, functions, materials, services, products, and information displayed on or provided through the Website, social media, or the MobileApp (the “Content”).
the Company’s services or third-party vendor services (the “Services”). This does not include services or supports that the user enlists.

The Website, the MobileApp, and the Content are together referred to herein as “SmartSteps4me.com”.

The terms “App User”, “you,” “your,” or “User” as used herein refer to any individual or entity accessing or using SmartSteps4me.com or the Services for any reason, including, but not limited to, posting of information and/or viewing, uploading, downloading, printing or re-distribution of any images, data or documents in any manner whatsoever. If App User is an agency or business, acceptance of these Agreements by a person on behalf of such company constitutes acceptance by such agency or business, and such person accepting this Agreement on behalf of such agency or business warrants that he or she has the corporate authority to accept the Agreements on behalf of such agency or business, and its employees and affiliates.

“Accounts” means all images, forms, data files and related information that may be accessed through this Website. The term “Account” does not include logos, graphics, sounds or images on the Website, which may only be reproduced or distributed with written consent from the Company.

By accessing the MobileApp or SmartSteps4me.com, the “User” agrees to all the terms and conditions set forth in this Agreement.

YOUR ACKNOWLEDGEMENT

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THESE TERMS OF USE AND THAT YOU ACCEPT THESE TERMS OF USE. By using SmartSteps4me.com or the Services you are signifying your agreement with the terms and conditions set forth in this Agreement. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, YOU ARE PROHIBITED FROM DOWNLOADING, ACCESSING, OR USING SMARTSTEPS4ME.COM OR THE SERVICES.

PURPOSE OF OUR SERVICES

The Services provided are intended to empower the User in solving everyday problems and providing a backup layer of support but cannot provide the level of security that is available through in-person support. Persons who need consistent levels of in-person support are not candidates for using this technology independently. Persons who are not able to move about his or her environment independently are not good candidates to use this technology as a support unless accompanied by a caretaker.

SmartSteps4me.com is not responsible for User actions or performance in the usage of the mobile application, website, or Services. SmartSteps4me.com shall not be liable for the quality, soundness, accuracy or viability of any information appearing in the smartphone application or on the Website. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS.

THE SERVICES PROVIDED THROUGH THE COMPANY SMART STEPS LLC, SMARTSTEPS4ME.COM, OR ANY ADVISORS YOU ACCESS OR USE THROUGH THE USE THEREOF:

DOES NOT CONSTITUTE THE PROVISION OF MEDICAL CARE OR ADVICE, HEALTH SERVICES, PRESCRIPTION INFORMATION OR ANY OTHER PROFESSIONAL CARE, SERVICE, OR ADVICE.

Does not offer or provide professional services requiring professional certification, and in no way warrants or represents to public or private Users the viability, quality, accuracy or soundness of any Account or other information that may be accessed through the Website. To obtain medical advice, you should consult your doctor or other medical professional (each a “Health Care Provider”) as soon as possible.

Services provided through SmartSteps4me.com and the Services are not an emergency response system. In case of a medical or other type of emergency, you should immediately call 911. You may contract with a call center and enter their number as one of your emergency contacts. Smart Steps assumes no liability for your interactions with a call center or other remote service that you enlist.

Detailed information on the use of your personally identifiable information, Protected Health Information, and other information that you provide to the Company directly or that the Company otherwise collects can be found in our Privacy Policy, which is fully incorporated herein by reference. You agree that Company representatives, including third party vendors, may share information about you with any person calling on your behalf.

CHILDREN’S PRIVACY

To use SmartSteps4me.com or the Services, you must be at least 13 years old (or the age displayed on the app store). Neither SmartSteps4me.com nor the Services are intended to be used by or to attract anyone under the ages displayed on the app stores. The Company does not intentionally collect personally identifiable information from anyone who is under the age required.

PARENTAL AND LEGAL GUARDIAN ADVISORY

IF YOU ARE NOT AT LEAST 13 YEARS OLD (or the age displayed on the relevant app store), DO NOT REGISTER OR USE THE SMART STEPS MOBILE APPLICATION, SMARTSTEPS4ME.COM OR THE SERVICES. IF YOU REGISTER AND USE SMARTSTEPS4ME.COM OR THE SERVICES AND YOU ARE BETWEEN THE AGES OF 13 AND 17, YOU MUST REVIEW THIS AGREEMENT WITH YOUR PARENT(S) OR LEGAL GUARDIAN.

IF YOU ARE NOT YOUR OWN LEGAL GUARDIAN, YOU MUST REVIEW THIS WITH YOUR LEGAL GUARDIAN. This applies to persons of any age.

INTELLECTUAL PROPERTY

All portions of Smart Steps® and SmartSteps4me.com are copyrighted, trademarked, and proprietary works and the property of the Company, its third-party vendors or licensors, or other users of the Smart Steps mobile application and/or SmartSteps4me.com.

You shall not, by virtue of this Agreement, through your use of the Smart Steps mobile application, SmartSteps4me.com, the Services, or otherwise, acquire any right title, or interest whatsoever in any copyrighted, trademarked, or proprietary rights whatsoever in SmartSteps4me.com, the Company, its third-party vendors or licensors, or other users of SmartSteps4me.com. Any rights not expressly granted to you by this Agreement are hereby expressly reserved by the Company.

PROPRIETARY INFORMATION:

The Company expressly retains all right, title, and interest in and to any information or documents the Company posts to SmartSteps4me.com

POSTED MATERIAL: By posting material to SmartSteps4me.com or any of its social media sites you grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit all such material, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, right of privacy, right of publicity, moral rights, and rights of attribution in connection with such materials.

YOUR REPRESENTATIONS

You represent, warrant and covenant that you are at least thirteen (13) years old (or the age displayed on the relevant app store). If you are not your own guardian, your guardian must click to approve this agreement. Please show this to them.

a. Regarding SmartSteps4me.com, you agree, represent, warrant, and covenant that you will not, upload, post or transmit to or distribute or otherwise publish any material that:

restricts or inhibits any other user from independently using and enjoying SmartSteps4me.com,
is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent,
constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates the law,
violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right,
contains a virus or other harmful component,
contains advertising of any kind or constitutes or contains false or misleading indications of origin or statements of fact, or
contains any information, software or other material of a commercial nature.

b. You will access and use the information in the Smart Steps mobile application and on SmartSteps4me.com only for personal use. You will not:

access or use the information for any commercial purposes, and
modify, republish, post, transmit, or distribute any of the information without our express written consent.

c. You will use the Smart Steps mobile application and SmartSteps4me.com only in conformance with this Agreement. You will not:

use it for any fraudulent, unlawful, or illegal activity,
use it to try gain unauthorized access to any network, data, service, or network,
remove or modify any proprietary notices on it,
disable, circumvent, remove, damage or otherwise interfere with any privacy or security-related feature of it or any features that limit the use or duplication of it or any of its functionality,
copy, duplicate, reverse engineer, or modify the Content or services to create a larger work or derivative work of any kind or for any purpose and
distribute, sublicense, transfer, sell, lease, rent, loan, outsource (or use it to provide time sharing services), or assign it for use by any third party or in any other manner utilize it for any commercial purpose.

d. Specifically with regard to the Mobile App, you will use it only in conformance to this Agreement, and:

only install it on a device that you own or control,
not use it to try gain unauthorized access to any network, data, service, or network,
not disassemble, decompile or reverse engineer it except as allowed by law,
not remove or modify any proprietary notices on it,
not disable, circumvent, remove, damage or otherwise interfere with any privacy or security-related feature of it or any features that limit the use or duplication of it or any of its functionality, and
not copy or duplicate it except as required to use it on your personal mobile device or tablet.

If you breach any of these representations, warranties, or covenants or any other term of this Agreement, the Company may immediately terminate this Agreement and all license rights granted herein. Upon ten (10) days’ notice to you, the Company may terminate this Agreement and all license rights granted herein for any reason.

PRODUCTS AND SERVICES AVAILABILITY

The Website can be accessed from countries around the world and may contain references to Smart Steps® LLC services, programs, and products that have not been announced in your country or that may not be allowed in your country. These references do not imply that Smart Steps LLC intends to announce or provide such services, programs, or products in your country. If you are not a U.S. resident, you may access the mobile application and Website solely at your own risk and are responsible for compliance with local laws and regulations, if applicable.

The Company makes no warranty that the Services will meet your requirements or operate under your specific conditions of use or location.

The Company makes no warranty that operation of the Content and Services will be secure, error free, or free from interruption. User acknowledges that the Website and Services may sometimes be interrupted by: weather events (acts of God), hardware and software problems, and software and hardware upgrades, installations and maintenance, as well as many other unforeseen possibilities. USER, HOWEVER, ACKNOWLEDGES THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM SmartSteps4me.com or Services BEING UNACCESSIBLE FOR ANY AMOUNT OF TIME FOR ANY REASON.

The Company makes no warranty that this is an emergency response system. In case of an emergency, call 911.

The download for the mobileapp is free. in order for the app to work, the app user must create an account and the mobile device must be charged, open, and have access to the internet.

In order to participate in the subscription services, the user must have an account that is current in payment, access to the internet and the ability to make phone calls.

YOUR LIMITED LICENSE

Subject to the terms and conditions set forth herein, the Company hereby grants to you, and you accept, a limited, personal, non-exclusive, non-transferrable revocable license to use SmartSteps4me.com and the Services solely for your personal use. You have no other rights in the SmartSteps4me.com or the Services except as set forth in the foregoing license. We may terminate your Services without cause with a 30-day notice for reasons that may or may not be related to you.

SUBMISSIONS

Users are provided with access to SmartSteps4me.com for the purposes of assembling and uploading images, data and information to a particular Account or Accounts on the Website. Some purposes are free and some require a paid upgrade. It is the sole responsibility of the User:

to ensure that such submissions are directed to the correct Account(s), the correct area of display and that access codes and passwords are kept confidential.
to provide any updates, revisions, or amendments to the original Account information after activation of the original Account.
to represent himself or herself accurately. The User should not attempt to conceal or misrepresent his or her identity. If the profile is fictitious (unless advance approval is given by Smart Steps for demonstration purposes), the Account will be terminated without notice.
to ensure that the accuracy of all information submitted to such online forms.

The Company has no obligation or liability whatsoever with respect to the input of information into such online forms. The Company shall not be liable for any errors, omissions, inaccuracies, delays, personnel, software, equipment or communications malfunctions related to the submission or revision of Account information.

You are responsible for any use of the MobileApp on your device by others, even if you claim the use is or was not authorized. You are responsible for disclosure of PHI or PII shared as well as overage charges incurred by yourself or others who have accessed your phone or account.

MOBILE APP

The Company makes the MobileApp available to you for your use on a mobile device such as a smart phone. The Company does not warrant that the MobileApp will be compatible with or work on your mobile device. The Company does not warranty uninterrupted service or access to the mobile app. The Company hereby grants you a limited, personal, non-exclusive, non-transferable, revocable license to use an object code copy of the MobileApp for your personal use for one registered account in your name on one mobile device and one tablet that you solely own or lease.

Periodically, the Company may electronically automatically upgrade the MobileApp on your mobile device. You hereby consent to any such automatic upgrade(s) and agree that the terms and conditions of this Agreement shall apply to all such upgrades. The foregoing license grant does not constitute a sale of the MobileApp or any copy thereof to you or any third party, and the Company and its third-party licensors or suppliers shall retain all right, title, and interest in and to the MobileApp and all copies thereof. Your use of the MobileApp may cause you to incur data charges from your mobile carrier.

PAID SERVICES

Certain features and functionalities of SmartSteps4me.com, as well as access to the Services, are available only to paid subscribers. If you engage the Company to provide services to you for a fee (“Paid Services”), you understand and agree that the Company shall provide the Paid Services under the terms of this Agreement.

You must select one of the service plans offered by the Company (each a “Service Plan”). You may also make individual purchases of other services or products (each an “Additional Service”) offered by the Company.

You must prepay for your Service Plan and all other Additional Services using a credit card or other payment method agreed upon.

For each Additional Service you select, the Company will charge you, and you agree to pay, the full cost of the Additional Service(s) you select, plus all applicable sales, use, transfer and other taxes, and all applicable duties, on the day you purchase the Additional Service.

For the Service Plan you select, the Company will charge you, and you agree to pay, the full monthly cost of the Service Plan you select, plus all applicable sales, use, transfer and other taxes, and all applicable duties for as long as your Service Plan is in force.

If you upgrade or downgrade your Service Plan, your fee will be prorated, and payment adjustments will be made on the next payment date. For example, if your Service Plan changes on the tenth day of May, the Company will credit the prorated balance of the payment for the old plan and charge a prorated amount for the monthly cost of the new Service Plan.

The Company shall not and is not obligated to refund any payments you make for a cancelled subscription to a Service Plan.

The Company may establish usage limits. You agree to pay extra charges as listed on the website.

If any charge to your credit card for your Service Plan is rejected, the Company may immediately terminate your Service Plan and disable your access to SmartSteps4me.com. In addition, the Company may charge you, and you agree to pay, a service charge of $10.00 for every month or portion of a month that the payment is overdue.

If any payment due to the Company for your Service Plan is more than 30 days overdue, the Company will charge you, and you agree to pay the Company interest on the amount of such late payment(s) at the rate of one percent (1%) per month up to the maximum [permitted by any applicable federal or state law, statute, rule or regulation. In addition, the Company will charge you, and you agree to pay the Company any expenses, collection costs, and reasonable attorneys’ fees the Company has incurred or may incur to collect such past due amounts.

If any payment is overdue and unpaid for 90 days, Smart Steps may change you to a free plan or terminate your account. A free plan means that you will lose any content that you have created, including decision trees and contacts. This content is not retrievable.

THIRD PARTY LINKS AND SERVICES

SmartSteps4me.com may contain hypertext links to third party websites. The opportunity to click on these links does not constitute an endorsement or representation of or by the Company regarding the content, security, privacy policies, or terms of use of these third party websites, nor is it a representation that the Company has any affiliation with these third party websites, and the Company disclaims any and all responsibility for such content, security, privacy policies, or terms of use. You acknowledge and agree, therefore, that your use of any third-party website linked by hypertext to SmartSteps4me.com is at your own risk.

The Company does not make any representation whatsoever regarding the accuracy or reliability of any opinion, advice, statement, memorandum, or other information displayed on or distributed through SmartSteps4me.com or provided by any of the Service vendors. You acknowledge that any use or reliance by you upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

YOUR ACCESS

The Company may:

Monitor your use of SmartSteps4me.com and the Services, and freely use and disclose, for any lawful reason or purpose, all information and materials received from you or collected through your use of SmartSteps4me.com or the Services.
Change, suspend or discontinue any aspect of SmartSteps4me.com or the Services at any time, including the availability of any feature of SmartSteps4me.com. In addition, the Company may also impose limits on certain features and services or restrict your access to parts or all of SmartSteps4me.com or the Services without notice or liability to you.
In its sole discretion, amend, modify, correct, or change this Agreement, in whole or in part, at any time, without notice to you, and your continued use of SmartSteps4me.com or the Services following any amendment, modification, correction, or change shall constitute your acceptance thereof.

GENERAL AGREEMENT TERMS

SMARTSTEPS4ME.COM, AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, PRODUCTS, AND INFORMATION, WHETHER SUPPLIED BY THE COMPANY OR ANY THIRD PARTY, AND WHETHER AVAILABLE DIRECTLY ON SMARTSTEPS4ME.COM, THROUGH A SITE LINKED BY HYPERTEXT, OR FROM ONE OF OUR VENDORS ARE PROVIDED “AS IS”, “WHERE IS,” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY OF INFORMATIONAL CONTENT to the fullest extent as allowed by law. The Company makes no representations or warranties about the accuracy, reliability, completeness, correctness, or timeliness of the content, software, text, graphics, video, links, or communications provided on or by the Website.

THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF DESIGN, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, PRODUCTS, OR INFORMATION, WHETHER SUPPLIED BY THE COMPANY OR ANY THIRD PARTY, AND WHETHER AVAILABLE DIRECTLY ON SMARTSTEPS4ME.COM, THROUGH A SITE LINKED BY HYPERTEXT, OR FROM A THIRD PARTY VENDOR.

You understand and acknowledge that communications you send to (or receive from) the Company or SmartSteps4me.com (whether by e-mail, U.S. Mail, or otherwise) may not be secure and may be read or intercepted by others.

You hereby agree to indemnify, defend, and hold the Company and all of the Company’s shareholders, members, directors, officers, employees, contractors, agents, and licensors and licensees (collectively, the “Indemnified Parties“) harmless from and against all liability (including, but not limited to:

(a) arising out of your use of or reliance upon any vendor engaged by the Company for general or medical or health-related instruction, guidance, information, direction, or advice of any form whatsoever) and costs (including, but not limited to, attorneys’ fees and court and other costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the representations, warranties and covenants contained in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.

(b) any breach, incident, claim of liability, or damages related to any special, exemplary, punitive, indirect, multiple, incidental or consequential damages arising out your use or reliance upon SmartSteps4me.com, or its Content, software, functions, materials, services, products or information, or the Services, whether supplied by the Company or any third party, and whether available directly on SmartSteps4me.com, through a site linked by hypertext, or from a third party vendor, whether based in contract, tort (including, without limitation, negligence) or on any other legal or equitable grounds, even if the party has been advised of the possibility of such breach, incident, claim of liability or damages.

(c) any breach of security or privacy associated with the transmission of sensitive information, including personal health information.

(d) any mental, emotional, physical, psychological or spiritual harm that may result from the use of Smartsteps4me.com or Services.

If any applicable authority does not allow this disclaimer or the limitation of liability stated herein, in no event shall the Company or any of its shareholders, members, directors, officers, employees, contractors, agents, and licensors or licensees be liable to you or any of your subsidiaries or affiliates or any of your or their shareholders, members, directors, officers, employees, contractors, agents, licensors or licensees in the aggregate with respect to any breach, incident, claim of liability, or damages for an amount greater than the total amount you have paid to the Company in the last twelve (12) months.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KANSAS, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN APPROPRIATE STATE COURT LOCATED IN JOHNSON COUNTY, KANSAS, OR FEDERAL COURT LOCATED IN WYANDOTTE COUNTY, KANSAS.

MISCELLANEOUS PROVISIONS

This Agreement constitutes the entire agreement between Company and you with respect to your use of SmartSteps4me.com, and the Services. The invalidity or unenforceability of any term, provision, or condition of this Agreement shall not affect the validity or enforceability of any other term, provision, or condition hereof. In addition, the term, provision, or condition found to be invalid or unenforceable shall be enforced to the maximum extent permissible to affect the intent of the Agreement.

No waiver by the Company of any term, provision, or condition of this Agreement, whether by conduct or otherwise in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such term, provision, or condition, or of any other term, provision, or condition of this Agreement.

The Company may assign this Agreement at any time without notice to you, but you may not assign this Agreement. The Company shall not be liable for any delay or failure to perform any of the services or obligations set forth in this Agreement due to any cause or causes beyond its reasonable control.

Unless otherwise specified herein, the rights and remedies of the Company set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.

No action arising out of or relating in any way to this Agreement, either in law or in equity, and whether arising out of contract, tort, or any other basis, may be brought by either party more than one (1) year after the cause of action has initially arisen, except that the Company may bring any such action at any time if it arises out of the Company’s proprietary rights.

The headings of the sections of this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Agreement.

This Agreement is for the benefit of the parties hereto and is not intended to confer any rights or benefits on any third party whatsoever.

The Authorized User agrees that acceptance of this Agreement by electronic means constitutes a valid formation of a contract.

Terms_04142025