Terms of Use

Effective Date: December 10, 2025

Welcome to Button911.com (“Website”), operated by DDC Software, Inc. (“Company,” “we,” “our,” or “us”). By accessing or using our website, devices, and related services (collectively, the “Services”), you agree to be bound by these Terms of Use (“Terms”). If you are using the Services on behalf of another person (e.g., a family member), you represent that you have their consent and legal authority to do so. Please read these Terms carefully. If you disagree, do not use the Services.

1. Description of Services

Button911 provides personal safety devices and monitoring services, including fall detection, one-click SOS alerts, GPS location reporting, geofencing notifications, and 2-way calling. The Services are designed to enhance personal safety for seniors, teens, lone workers, and outdoor users but are not a substitute for professional emergency services. In any medical or safety emergency, always dial 911 or your local emergency number immediately. We do not guarantee response times or outcomes.

2. Eligibility

You must be at least 18 years old and legally capable of entering into contracts to use the Services. If registering for someone else (e.g., a minor or elderly relative), you confirm you have their authorization and consent to data collection/sharing. We reserve the right to refuse or terminate access to anyone violating these Terms or applicable laws.

3. Account Registration and Security

To access certain features, you must create an account with accurate, current information. You agree to:

• Maintain the confidentiality of your login credentials.
• Notify us immediately of any unauthorized use.
• Not share your account or allow others to use it.

We are not liable for losses from unauthorized access due to your failure to secure your account. We may suspend or terminate accounts for security reasons or violations.

4. Subscription, Fees, and Payments

Services require a one-time device purchase and recurring subscription (monthly, quarterly, or annual). By subscribing:

• You authorize recurring charges to your payment method.
• Prices are listed on our Website and may change with notice (except during your current term).
• All fees are non-refundable except as stated in our Return Policy.
• You are responsible for taxes, duties, and any overages (e.g., excessive data/SMS/voice beyond plan limits, billed at $0.25/min voice, $0.05/SMS, $0.20/MB).

We use Stripe for payments; see their terms for details. Late payments incur 1.5% monthly fees (or the legal maximum).

5. Device Functionality and Limitations

Devices are provided "as is" with the following limitations:

• GPS/geofencing accuracy depends on signal strength, network coverage, and environment; alerts may be delayed or inaccurate.
• Fall detection and SOS features are not 100% reliable and may fail due to battery, movement, or technical issues.
• Services require cellular coverage; poor areas may prevent functionality.
• You must charge the device daily and follow usage instructions.

We disclaim all warranties for third-party services (e.g., cellular carriers like AT&T). Test your device regularly. The Services do not replace professional care or supervision.

6. Acceptable Use

You agree not to:

• Use Services for illegal, harmful, or abusive purposes (e.g., harassment).
• Modify, reverse-engineer, or tamper with devices/software.
• Resell, rent, or share Services without permission.
• Interfere with our systems or violate privacy laws.

Violations may result in immediate termination without refund.

7. Privacy and Data Use

We collect location, usage, and personal data as described in our Privacy Policy (incorporated herein). By using Services, you consent to tracking (e.g., GPS for alerts) and sharing with emergency contacts/carriers. Inform monitored individuals of data collection. We do not sell personal data but may share aggregated anonymized info for improvements.

8. Intellectual Property

All Website content, device designs, software, and trademarks are our property or licensed to us. You may not copy, modify, or distribute without written permission. Feedback you provide is assigned to us royalty-free.

9. Disclaimer of Warranties

THE SERVICES AND DEVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION. LOCATION DATA MAY BE INACCURATE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE (AND OUR AFFILIATES/PARTNERS) ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA LOSS, OR INJURY) ARISING FROM SERVICES USE OR INABILITY TO USE, EVEN IF ADVISED OF POSSIBILITY. OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT PAID BY YOU IN THE PRIOR 12 MONTHS. THIS APPLIES REGARDLESS OF LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY).

11. Indemnification

You agree to indemnify and hold us harmless from claims, losses, or expenses (including attorneys' fees) arising from your use of Services, violations of Terms, or harm to third parties.

12. Termination

By You: Cancel anytime via account or support (see Cancellation Policy).
By Us: Immediate suspension/termination for violations, non-payment, or security risks, without notice or refund. Post-termination, you lose access; outstanding fees remain due.

13. Governing Law and Dispute Resolution

These Terms are governed by Florida law (without conflicts principles). Disputes shall be resolved exclusively through binding arbitration in Florida under AAA rules (one arbitrator; no class actions). You waive jury trial rights. Small claims court is permitted for claims under $10,000.

14. Changes to Terms

We may update Terms with notice (e.g., email/Website post). Continued use constitutes acceptance. If changes are material, we'll provide 30 days' notice.

15. Miscellaneous

Force Majeure: No liability for delays due to events beyond control (e.g., disasters, strikes).
Severability: Invalid provisions are severed; rest remains enforceable.
Entire Agreement: These Terms (with Privacy/Cancellation/Return Policies) supersede priors.
Contact: support@button911.com | 888-349-3860