GUNSENS INC – TERMS OF SERVICE

 

Effective Date: October 2, 2023

Last Updated: April 8, 2025

 

GUNSENS INC. ("Gunsens," "we," "us," or "our") provides firearm threat detection technology, including the GUNSENS Sensor and GUNSENS Cloud service. By purchasing, subscribing to, or using Gunsens Products, you acknowledge and agree to the following Terms of Service ("Terms").

 

1. Acceptance of Terms

 

1.1. Binding Agreement: By installing, subscribing to, or using any Gunsens Products, you confirm that you have read, understood, and agreed to these Terms. If you do not agree, you must not use Gunsens Products.

 

1.2. Clickwrap Agreement: You must affirmatively accept these Terms by checking a box or clicking "I Agree" before using our services.

 

1.3. Updates to Terms: We may update these Terms periodically. Continued use after an update constitutes acceptance of the revised Terms.

 

2. Description of Products and Services

 

2.1. Gunsens System Components

 

The Gunsens system consists of integrated hardware, software, and cloud-based services, including:

 

• GUNSENS Sensors – firearm threat detection hardware devices
• GUNSENS SOS Panic Buttons – emergency signaling hardware devices
• GUNSENS SOS App – a mobile application used for setup, control, alert notifications, SOS signaling, and communication
• GUNSENS Cloud – a shared cloud-based monitoring and alerting platform that connects both Sensors and Panic Buttons

 

These components work together to provide real-time threat detection, emergency signaling, and centralized monitoring. Collectively, they are referred to as the “Gunsens Products.”

 

2.2. Monitoring Subscription Services

 

Use of certain Gunsens Products requires an active subscription:

 

• Gun Detectors include the first year of monitoring with the purchase price. After the first year, a recurring subscription is required to continue service.
• SOS Panic Buttons include the first month of monitoring with the purchase price. After the first month, a recurring subscription is required to continue service.

 

Subscription terms and billing details are provided in Section 13 of this agreement.

 

2.3. No Guaranteed Performance

 

Gunsens does not guarantee uninterrupted service, perfect detection, or emergency response outcomes. Service availability and performance may be affected by environmental conditions, wireless connectivity, system configuration, user behavior, or the availability of third-party monitoring partners.

 

Performance may also be impacted if:

 

• The SOS Panic Button’s battery is dead.
• The SOS Panic Button is not manually turned on by the user (by pressing the button for approximately two seconds until it beeps) when first removed from the box or after a battery replacement.
• The Gun Detector is not properly connected to a working AC power source.
• There is an electrical power failure affecting the Gun Detector.

 

3. Permitted Use and Restrictions

 

3.1. Lawful Use Only: Gunsens Products must be used in compliance with all applicable laws. Any misuse may result in termination of service and potential legal consequences.

 

3.2. Prohibited Use: You may not:

• Modify, tamper with, or reverse-engineer Gunsens hardware or software.
• Use Gunsens Products to harass, monitor, or track individuals without consent.
• Rely solely on Gunsens Products for emergency response.

 

3.3. Account Security: You are responsible for securing your login credentials. Gunsens is not liable for unauthorized access due to user negligence.

 

3.4. Member Tiers:

Gunsens accounts have four member tiers: Owners, Admins, Viewers, and Kids.

 

•  Owners have full administrative control. They can invite Admins, manage billing, install Gunsens devices, and set the number of clicks required to trigger an SOS Alert using the Gunsens SOS Panic Button. This setting is automatically applied to all invited accounts.
• Admins can manage the account, install Gunsens devices, and invite Viewers and Kids. Admins cannot invite other Admins or change SOS Alert settings.
• Viewers receive alerts, view shared videos, and read/write comments.
• Kids have the same permissions as Viewers except that they can only view their own Videos and read their own Comments to prevent accidental exposure to violence.

 

4. Subscription and Payment Terms

 

4.1. Subscription Fees: Some Gunsens services require recurring payments. Failure to pay will result in suspension or termination of your subscription.

 

4.2. No Refunds: Payments are non-refundable, except where required by law.

 

5. No Warranty & Legal Disclaimers

 

5.1. No Guarantee of Accuracy: Gunsens Products are designed to detect firearm threats, but false positives and false negatives may occur. Gunsens is not responsible for missed detections or incorrect alerts.

 

5.2. No Emergency Service Guarantee:

• GUNSENS IS NOT A REPLACEMENT FOR 911 OR EMERGENCY SERVICES.
• The SOS Panic Button feature may notify designated contacts but does not guarantee emergency response from law enforcement.

 

5.3. User Responsibility: You acknowledge that:

• Gunsens Products are only an aid and should not replace trained security personnel or law enforcement protocols.
• You are responsible for evaluating the reliability of any Gunsens alerts before taking action.

 

5.4. Third-Party Service Limitations: Gunsens integrates with third-party services (e.g., emergency response platforms), but we are not liable for failures, delays, or outages of these external services.

 

5.5. No Warranties: Gunsens Products are provided "AS IS" and "AS AVAILABLE" without any guarantees of uninterrupted service or accuracy.

 

5.6. Limitation of Liability:

Gunsens Inc. shall not be liable for injuries, deaths, property damage, or losses arising from false alerts, missed detections, misuse, or reliance on Gunsens Products.

 

6. Indemnification

 

6.1. User Responsibility: You agree to defend, indemnify, and hold harmless Gunsens Inc. from any claims, liabilities, or damages resulting from:

• Misuse of Gunsens Products.
• Violations of these Terms.
• Third-party claims arising from your use of Gunsens services.

 

7. Account Deletion and Data Loss

 

7.1. If you choose to delete your Owner account, you acknowledge and agree that all associated data—including data from any linked Admin, Viewer, or Kid accounts—will be permanently deleted. This includes but is not limited to user information, alert history, device data, videos, comments, and floor plan configurations.

 

7.2. Deletion is irreversible. Once your account is deleted, Gunsens will not be able to recover any data tied to your account or its sub-accounts.

 

7.3. By proceeding with deletion, you accept full responsibility for the loss of this data. Gunsens is not liable for any direct, indirect, incidental, or consequential damages resulting from the deletion of your account or its associated data.

 

We strongly recommend exporting or backing up any important data before initiating account deletion.

 

8. Dispute Resolution & Arbitration

 

8.1. Mandatory Arbitration: Any disputes shall be resolved exclusively through binding arbitration under the American Arbitration Association (AAA) rules.

 

8.2. Class Action Waiver: You waive any right to participate in a class-action lawsuit against Gunsens Inc.

 

8.3. Governing Law & Venue: These Terms are governed by the laws of the State of Florida, and any disputes must be arbitrated in Miami, Florida.

 

9. Contact Information

 

For inquiries, email [email protected].

 

10. Amendments & User Acknowledgment

 

10.1. Right to Modify: Gunsens reserves the right to modify these Terms at any time.

 

10.2. User Agreement: By using Gunsens Products, you confirm that you have read, understood, and accepted these Terms.

 

11. Third-Party Services

 

11.1 Our services include integrations with third-party platforms such as RapidSOS. By using the Gunsens app, you also agree to be bound by the applicable RapidSOS End User Terms, which can be found at https://rapidsos.com/legal/terms-of-use/. These terms are incorporated by reference into our Terms of Service.

 

11.2 Gunsens offers emergency monitoring services through these integrations solely as a supplemental communication tool and not as a guaranteed life-saving or dispatch service. Neither Gunsens nor its third-party monitoring providers (including RapidSOS and C.O.P.S. Monitoring) guarantee the receipt, transmission, or response to any emergency signal or the dispatch of emergency personnel. These services are subject to technical limitations and may fail or be delayed due to network issues, device errors, or other factors beyond our control. You should not rely exclusively on these services in an emergency. If you are in immediate danger, call 911 directly. Gunsens is not liable for any delay, error, or failure in connection with these third-party services.

11.3. Responsibility for Third-Party Terms and Use.

 

By using any features in the Gunsens app that rely on third-party services such as RapidSOS, you acknowledge and agree to the following:

• You are solely responsible for reviewing and complying with any applicable third-party terms, including but not limited to RapidSOS End User Terms, which are incorporated by reference.
• You understand that third-party services are subject to their own terms, limitations, and privacy policies, and may be modified or discontinued at any time without notice.
• Gunsens is not responsible for the content, performance, accuracy, or reliability of third-party services or for ensuring continued access or interoperability with such services.
• You further acknowledge that emergency services functionality is not guaranteed, and you release Gunsens from any liability arising out of your reliance on any third-party services, including any delay or failure in emergency response, service availability, or data transmission.
  
  

Gunsens reserves the right to suspend or discontinue access to any third-party integration at any time, including in cases where the third-party terms are not accepted, or where use of the services would violate applicable laws or agreements with the provider.

 

12. Service Suspension and Availability

 

Emergency monitoring features may be subject to suspension or discontinuation at any time, including, but not limited to, nonpayment by Gunsens to a third-party service provider, by you, or by your account administrator. Gunsens does not guarantee the availability or uptime of any emergency monitoring service and is not liable for any damages, losses, or harm resulting from any suspension, delay, or interruption of such services. It is your responsibility to ensure that your account is in good standing and to verify the operational status of any emergency monitoring features. You should not rely exclusively on these services in an emergency. If you are in immediate danger, call 911 directly.

 

13. Billing and Payment

 

13.1. Billing Responsibility

 

The Owner of a Gunsens account is financially responsible for all charges associated with their account, including subscription fees for any devices installed by invited users (such as Admins, Viewers, or Kids). By creating an Owner account, you agree to pay for all subscription-based services associated with your account.

 

13.2. Subscription Fees

 

Gunsens Monitoring Services are billed on a subscription basis for each installed device. Current pricing is as follows:

 

• Gun Detectors: The purchase price of $1,800 includes the first year of monitoring service. After the first year, a $600/year subscription fee is automatically billed for each installed Gun Detector.
• SOS Panic Buttons: The purchase price of $40 includes the first month of monitoring service. After the first month, a $26/month subscription fee is automatically billed for each installed Panic Button.

 

To stop billing, devices must be uninstalled. Merely ceasing to use a device does not cancel its associated subscription. Subscription fees are subject to change with prior notice. Continued use of Gunsens services after any pricing change constitutes acceptance of the updated fees.

 

13.3. Billing Schedule and Charges

Gunsens charges for monitoring services based on when devices reach the end of their included monitoring period.

 

• Panic Buttons become billable after one month of installation.
• Gun Detectors become billable after one year of installation.

 

Charges are assessed periodically based on all active devices that have entered their billable phase since the previous billing cycle. To preserve the integrity of the subscription process, Gunsens does not disclose the specific assessment dates used to calculate billing.

 

If no payment method is on file when a device becomes billable, you will be prompted to add one. A billing email will be sent to the Owner upon the first installation of any device—whether installed by the Owner or by any invited user (including Admins, Viewers, or Kids).

 

13.4. Failed Payments and Monitoring Suspension

 

If Gunsens is unable to process a payment:

 

• A Monitoring Suspension Warning Email will be sent to the Owner.
• If payment information is not corrected within the required grace period, monitoring for all devices associated with the account may be suspended.
• Monitoring services will resume automatically once valid payment details are provided and outstanding charges are paid.

 

13.5. Auto-Renewal and Cancellation

 

Subscriptions renew automatically unless the associated device is uninstalled before the next billing cycle. No refunds are issued for unused time or partial periods. Devices must be uninstalled to cancel future billing.

 

13.6. Updating Payment Information

 

You may update your payment method at any time using your secure billing link or by contacting Gunsens support. Failure to maintain valid payment information may result in suspension of monitoring services.