Effective Date: 12 May 2025

Last Updated: 12 May 2025

1. Introduction

1.1 Welcome to Alertamigo.  Alertamigo is owned and operated by Alertamigo Pty Ltd (ACN 666 238 455) (ABN 59 666 238 455) (we, us,our).

1.2 These Terms govern your access to and use of Alertamigo and the Alertamigo Services.  By downloading, installing or using the Alertamigo Services, you agree to be bound by these Terms.

IMPORTANT NOTICE:

If you do not agree to be bound by these Terms, please discontinue using Alertamigo and the Alertamigo Services immediately.

2. About Alertamigo

2.1 Alertamigo is designed to provide users of Alertamigo (Users) to:

(a) share and view user-generated posts relating to crimes, safety issues, suspicious behaviour, public incidents and disturbances, missing persons or pets and other community alerts (e.g. fire, traffic, public transportation);

(b) post and comment on posts shared by others;

(c)  when the User is in a Service Country initiate emergency calls through the User’s device’s dialler prefilled with local emergency numbers;

(d)  create a network of close personal contacts with whom they share their location and other personal information with and can send SOS alerts.

 IMPORTANT NOTICE:

· Alertamigo is intended solely for public awareness and community support.

· Alertamigo does not replace emergency services or official crime reporting channels.

· Users must independently report all incidents to the appropriate authority (e.g., Police, Fire, Ambulance).

· Users must not rely on Alertamigo in place of contacting emergency services.

3. Eligibility to use Alertamigo

3.1 To use Alertamigo and the Alertamigo Services, you must:

(a) be 18 years old;

(b) be at least 13 years old and have the consent of a parent or legal guardian (Supervising Adult).

3.2 We do not knowingly collect or store data from Users that are under the age of 13.  If we become aware that a User is under the age of 13, we may suspend or terminate their access to Alertamigo or the Alertamigo Services and delete any associated data.

4. Teenage Users

4.1 Users aged between 13 and 17 (Teenage Users) may only use a restricted version of Alertamigo and the Alertamigo Services.

4.2 Downloading, installing or using Alertamigo or the Services by a Teenage Users constitutes confirmation that the Teenage User has the consent of a Supervising Adult as required by clause 3.1(b).  If you are a Teenage User and you have downloaded, installed or used Alertamigo and the Alertamigo Services without the consent of a Supervising Adult (whether knowingly or by mistake), please discontinue using Alertamigo and the Alertamigo Services immediately.

4.3 Supervising Adults are responsible for:

(a) supervising the use of Alertamigo and the Alertamigo Services by Teenage Users;

(b) ensuring that:

(i) the Teenage User complies with these Terms and the Community Guidelines;

(ii) the Content the Teenage User may encounter on Alertamigo is suitable for the Teenage User; 

(iii) all User Content submitted by the Teenage User is accurate and truthful.

4.4 Supervising Adults assume:

(a) all risks associated with the Teenage User’s use of Alertamigo and the Alertamigo Services, including the uploading of User Content;

(b) assume liabilities resulting from the Teenage User’s use of Alertamigo and the Alertamigo Services.

4.5 Some Alertamigo features and Alertamigo Services may not be available to Teenage Users including but not limited to posting, commenting and viewing User Content (other than Your Content). We may update or change Alertamigo features and Alertamigo Services available to Teenage Users at any time for safety, legal or operational reasons.

4.6 We reserve the right to suspend or terminate a Teenage User’s access to Alertamigo or the Alertamigo Services if we suspect that the Teenage User’s account is being misused, the consent of a Supervising Adult was not obtained or the Teenage User’s use of Alertamigo or the Alertamigo Services poses a safety or legal risk to the Teenage User or other Users.

5. Your Alertamigo Account

5.1 You are required to create an account in Alertamigo before you can access the Alertamigo Services (Alertamigo Account).

5.2 As part of the process of creating your Alertamigo Account, or as part of your continued use of Alertamigo and the Alertamigo Services, you may be required to provide User Information and Personal Information.  You warrant that any Personal Information you provide to us for the purpose of creating your Alertamigo Account, accessing and using Alertamigo and the Alertamigo Services will accurate, correct and up to date.  We will handle all personal information we collect in accordance with our Privacy Policy. 

5.3 When you create an Alertamigo Account, we will provide you with passcode.  You are responsible for keeping your Log In Credential secure and are responsible for all use and activity carried out using your Log In Credentials.

5.4 Use of Log In Credentials by any other person, or third parties, is strictly prohibited.  You agree to immediately notify us of any unauthorised use of your Log In Credentials.

5.5 Your Alertamigo Account and your access to and use of Alertamigo and the Alertamigo Services is non-transferable.

6. Collection Notice

6.1 We collect Personal Information from you in order to allow you to access Alertamigo and the Alertamigo Services and for purposes otherwise set out in our Privacy Policy.  By providing your Personal Information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

6.2 We may disclose that Personal Information to third parties that help us deliver the Alertamigo Services (including information technology suppliers, communication suppliers and our business partners) or as required by law.  If you do not provide Personal Information, we may not be able to provide access to all functionality of Alertamigo or all of the Alertamigo Services to you.  We may also disclose Personal Information and Location Information to recipients that are located outside of Australia, including to service providers or software platforms located in countries such as the United States, Singapore, or others where our third-party suppliers host their systems or support services.

6.3 Our Privacy Policy explains:

(a) how we store and use, and how you may access and correct your Personal Information;

(b) how you can lodge a complaint regarding the handling of your Personal Information; and

(c) how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us at customerservice@alertamigo.com. 

7. Your obligations as a Member

7.1 You agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:

(b) the Terms; and

(c) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(d) you have the sole responsibility for protecting the confidentiality of your passcode, email address and phone access.  Use of your Log In Credentials by any other person may result in the immediate cancellation of the Services;

(e) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorse or approved by the management of Alertamigo Pty Ltd;

(f) You agree not to use the Services or Application for any illegal or unauthorized purposes. This includes, but is not limited to, attempting to collect or misuse any personal information of Members, or engaging in any activities that violate the privacy or rights of other users.

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Alertamigo Pty Ltd for any illegal or unauthorised use of the Application; and

(h) you acknowledge and agree that any automated use of the Application or its Services is prohibited.

8. User Content and Moderation

8.1 You are solely responsible for all Content you upload or post using Alertamigo (Your Content).  Your use of Alertamigo must comply with our Community Guidelines, which set out standards for respectful behaviour, privacy protection, and acceptable content.  The Community Guidelines prohibit:

(a) posting false, offensive, or misleading content;

(b) identifying alleged offenders or victims – whether visually or through comments – in a manner that may be defamatory, legally prejudicial, or in breach of a court order, privacy laws or suppression orders ;

(c) identifying minors – whether visually or through comments;

(d) uploading unauthorised recordings, CCTV or graphic or sensitive content (unless it is reasonably necessary to depict the incident being posted and is presented in a way that avoids unnecessary distress); and

(e) promoting violence, discrimination, or vigilantism.

8.2 We expect Users to act respectfully and responsibly when using Alertamigo.  We reserve the right to:

(a) remove User Content; or

(b) suspend a User’s access to Alertamigo or the Alertamigo Services, where the User Content or the User’s conduct does not comply with these Terms or the Community Guidelines, poses a risk to other Users or undermines Alertamigo’s intended use.

8.3 We do not pre-screen User Content but may remove or restrict access to User Consent that is reported or found to breach these Terms, the Community Guidelines or any relevant law.

8.4 Alertamigo includes a reporting feature that allows Users to flag Content they believe does not comply with these Terms or the Community Guidelines.

8.5 We moderate Content reactively based on User reporting mechanisms.  We aim to review Reported Content within a reasonable timeframe and may notify Users of any action taken.  Users may contact us if they believe that we have removed Content in error.

8.6 Where we become aware of conduct that we consider breaches these Terms or the Community Guidelines, we will:

(a) determine the level of that conduct based on the following:

(i) High-Severity Conduct is conduct that is illegal and includes threats, harassment, privacy breaches, or uploading User Content where the making or sharing of the Content is illegal.  Examples of High-Severity Conduct include hate speech and incitement of violence. High- Severity Conduct is taken seriously and may result in immediate action such as permanent suspension.

(ii) Moderate-Severity is conduct that is not illegal but is harmful to the Alertamigo community including uploading User Content that is offensive or contains misleading information.

(iii) Low-Severity Conduct is all other conduct that disrupts the use of Alertamigo by other Users including posting irrelevant or off-topic User Content, engaging in disruptive discussions, sharing unnecessary or duplicate information and submitting reports without a valid reason.

(b) notify the relevant User by email that their conduct breached these Community Guidelines or Terms and Conditions, set out that conduct and provide details of any consequences being imposed in respect of the breach.

8.7 Without limiting clause 8.2, the consequences of conduct that breaches of these Community Guidelines or the Terms and Conditions may include:

Permanent Ban :

(a) More than one instance of High-Severity Conduct in any 12-month period.

(b) Any breach of these Community Guidelines or the Terms and Conditions by a User who has previously been temporarily suspended.

Temporary Suspension (Alertamigo to determine period):

(a) Two or more instances of Moderate-Level Conduct in any 12-month period.

(b) Three or more breaches of these Community Guidelines or the Terms and Conditions (whether Low, Moderate or High-Severity in any 12- month period.

9. User Information

9.1 User Information includes your username, your profile picture and Your Content.  User Information does not include Location Information or Personal Information.

9.2 User Information is information about you that is shared with all other Users of Alertamigo.

10. Location Information and Personal Information

10.1 You may choose to share your Location Information and Personal Information with:

(a) Us, to ensure that you are able to access the full functionality and support offered by Alertamigo and the Alertamigo Services; and

(b) Nominated Contacts, by way of direct share features such as SOS or alert systems.

IMPORTANT NOTICE:

If you choose to share your Location Information or Personal Information with Nominated Contacts, this information may be accessed, used, or misused by those contacts beyond our control.  You are solely responsible for selecting, managing, and updating your sharing settings and Nominated Contacts.  Use these features cautiously and only with trusted individuals.

10.2 You can opt out of sharing your:

(a) Location Information with Us at any time by turning off location services in your device settings.

(b) Location Information and Personal Information with Nominated Contacts at any time by or by removing a person as a Nominated Contact within Alertamigo.

10.3 You understand that:

(a) we do not verify the accuracy or identity of Users you interact with while using Alertamigo;

(b) you are responsible for ensuring the accuracy and currency of contact details for each of your Nominated Contacts and for removing Nominated Contacts with whom you no longer wish to share your Location information and Personal Information;

(c) Location Information and Personal Information that you share with Nominated Contacts and User Information that is shared with all Users may be accessed, used or misused beyond our control;

(d) you are responsible for managing your sharing settings and contacts.

10.4 Due to  the functionality provided by Alertamigo, at this stage, we are unable to delete your account.  However, you may deactivate your account via Alertamigo settings.

10.5 While we implement reasonable technical and organisation measures to protect your Personal Information and Location Information, you acknowledge that no system can be guaranteed 100% secure and you use Alertamigo and the Alertamigo Services at your own risk.

11. Emergency Features & Limitations

IMPORTANT NOTICE:

Alertamigo’s emergency features are convenience tools only and do not connect you directly to emergency services.  These features are dependent on your device and network and should not be relied on as a substitute for official emergency services. You must call your local emergency authority in an actual emergency.

11.1 Alertamigo includes the following emergency related tools for User convenience only:

(a) a feature to initiate a call to emergency services via your device’s native dialler; and

(b) an SOS function that enables you to send alerts to your Nominated Contacts.

11.2 These features do not connect you directly to emergency services.  Availability of service depends on your device, network and local regulations.

11.3 We do not:

(a) monitor emergency activity (including the initiation of calls to emergency services or alerts via the SOS function);

(b) guarantee the deliver or receipt of calls to initiated via your device’s native dialler or alerts sent via the SOS function;

(c) assume responsibility for emergency outcomes.

12. Subscriptions and In-App Purchases

IMPORTANT NOTICE:

Subscriptions are auto-renewing unless cancelled at least 24 hours before the end of the billing period.  You can manage or cancel your subscription at any time via your Apple App Store or Google Play account settings.

12.1 Alertamigo may include:

(a) free access with optional premium features;

(b) paid subscriptions or purchases via the Apple App Store or Google Play.

12.2 Subscriptions are managed through you Apple App Store or Google Account.

12.3 Subscriptions are auto-renewing unless cancelled at least 24 hours before the end of the billing period.  You can manage or cancel your subscription at any time via your Apple App Store or Google Play account settings.  We do not issue refunds for partial periods.  Please review your renewal settings before each billing cycle.

12.4 Subscription fees, billing cycles and renewal details will be disclosed at the point of purchase.

12.5 We do not manage billing directly.  All payments, refunds and cancellations are subject to Apple or Google’s respective policies:

(a) Apple Media Services Terms and Conditions

(b) Google Play Terms of Service

12.6 You are responsible for maintaining a compatible device and operating system and for installing updates when available.  We are not liable for failures or reduced functionality resulting from outdated devices, OS versions, Alertamigo versions or changes to the Alertamigo Services.

13. Intellectual Property

13.1 Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and   other intellectual property rights) in Alertamigo and the Alertamigo Services and in all Content (other than User Content) (including all text, graphics, logos, audio and software) made available on Alertamigo.

13.2 Your use of Alertamigo and the Alertamigo Services and access to any Content does not grant or transfer any rights, title or interest to you in relation to Alertamigo, the Alertamigo Services or the Content (other than Your Content).  However we do grant you a licence to access Alertamigo and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

13.3 Any reproduction or redistribution of Alertamigo, the Alertamigo Services or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy any Content to any other server, location or support for publication, reproduction or distribution.

13.4 All other use, copying or reproduction of Alertamigo, the Alertamigo Services, the Content (other than Your Content) or any part of it is prohibited, except to the extent permitted by law.

13.5 You retain ownership of Your Content, but you grant us a non-exclusive, worldwide, royalty-free, and irrevocable licence to use, host, reproduce, adapt, communicate, and display Your Content as necessary to operate, improve, and promote Alertamigo and the Alertamigo Services. This                 includes the right to share Your Content with other Users and law enforcement where required.

13.6 You warrant that you have all necessary rights in Your Content that the use of Your Content by us in accordance with these Terms will not infringe   the rights of any third party.

14. No Commercial Use

14.1 Your Alertamigo Account and access to and use of Alertamigo and the Alertamigto Services is for your personal, non-commercial use only.

14.2 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained Alertamigo or any part of the Alertamigo Services.

14.3 You may not use Alertamigo, the Alertamigo Services, or any Content (other than Your Content), to further any commercial purpose, including any advertising or advertising revenue generation activity on your application or website.

15. Warranties and disclaimers

15.1 To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about Alertamigo or the Alertamigo Services, including but not limited to warranties or representations that Alertamigo or the Alertamigo Services will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that Alertamigo will be secure.

15.2 We reserve the right to restrict, suspend or terminate without notice your access to Alertamigo or the Alertamigo Services at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. 

16. Liability

16.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of Alertamigo or the Alertamigo Services, or as a result of the inaccessibility of Alertamigo or the Alertamigo Services and/or the fact that certain information or materials contained in Alertamigo are incorrect, incomplete or not up-to-date.

17. Termination

17.1 We may suspend or terminate your account and access to the App or the Services at any time without notice if we believe you have:

(a) breached these Terms or the Community Guidelines;

(b) posted Content that is unlawful, harmful, or contrary to our Community Guidelines;

(c) used Alertamigo or the Alertamigo Services in a way that poses a security or reputational risk;

(d) misused emergency features or impersonated others; or

(e) acted in a manner that undermines the integrity, safety, or lawful use of Alertamigo or the Alertamigo Services.

17.2 We may also restrict or deactivate your Alertamigo account where ongoing use would be inconsistent with applicable law or these Terms.  Where appropriate, we may issue warnings or temporary suspensions prior to permanent action.

17.3 You may stop using Alertamigo or the Alertamigo Services at any time and may deactivate your account via Alertamigo settings.  

17.4 Termination does not affect any accrued rights or obligations.

18. Dispute Resolution

18.1 If you have a concern or dispute relating to these Terms, Alertamigo or the Alertamigo Services, you agree to first contact us in writing to attempt to resolve the issue informally.  We will use reasonable efforts to address your concern promptly and in good faith.

18.2 If the matter cannot be resolved within 30 days, either party may refer the dispute to mediation in accordance with the rules of the Australian Disputes Centre.  Each party will bear its own costs of mediation.

18.3 Nothing in this clause prevents either party from seeking urgent injunctive relief or other equitable remedy through a court of competent jurisdiction.

19. Updates and Amendments

19.1 We may update these Terms as required to comply with Australian law or App Store/Google Play requirements.  Changes will be notified in Alertamigo website. Continued use of Alertamigo or the Alertamigo Services after changes take effect will indicate acceptance.

19.2 You are encouraged to check these Terms regularly, including any changes that may affect how Alertamigo or the Alertamigo Services operate.

20. Governing Law

20.1 These Terms are governed by the laws of New South Wales, Australia.  Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

20.2 If you access the Alertamigo from outside Australia, you do so at your own risk and are responsible for compliance with local laws.

21. Third-Party Services

21.1 Alertamigo may include links to or integrations with third-party services, including but not limited to maps, notifications, or data processors.  We are not responsible for the content, availability, or privacy practices of these services.  Your use of any third-party service is subject to their respective terms and privacy policies.

22. Availability and Interruptions

22.1 We do not guarantee uninterrupted access to Alertamigo or the Alertamigo Services.  Features may be modified, suspended, or discontinued without notice due to maintenance, technical issues, or other reasons.  We are not liable for any loss or inconvenience resulting from downtime or changes to Alertamigo or the Alertamigo Services.

23. Definitions

23.1 In these Terms, unless the context requires otherwise:

Alertamigo means the software program known as Alertamigo that is downloaded from the Apple App Store or Google Play Store and installed on a User’s device including its user interface, content delivery systems and underlying technical infrastructure.

Alertamigo Services means the features, tools, and interactions available within or enabled by Alertamigo, including but not limited to location sharing, incident posting, comment threads, and subscriptions.

Content means any data, text, images, video, audio, or other material that is submitted, uploaded, posted, transmitted, or otherwise made available by users through Alertamigo or using the Alertamigo Services.  Content includes, without limitation, reports, comments, messages, alerts, and shared location data.

Location Information means data that identifies or approximates your geographic position, including GPS coordinates, cell tower data, Wi-Fi signals, or location shared by your device through Alertamigo or the Alertamigo Services.

Log In Credentials includes all information you provides to verify your identity and gain access to a Alertamigo and the Alertamigo Services including but not limited to your password, email address and phone number.

Nominated Contacts means people nominated by you and whose contact details are provided by you.

Personal Information means any information about an individual that can reasonably be used to identify them, whether directly or indirectly. This may include names, email addresses, device identifiers, account details, location information, and any other information defined as personal information under the Privacy Act 1988 (Cth).

Platform Guidelines means the content and developer policies issued by Apple (App Store Review Guidelines) and Google (Google Play Developer Program Policies) as amended from time to time, including requirements for content moderation, user safety, and compliance with applicable laws.

Reported Content means Content that has been reported to us by a User on the basis that it does not comply with these Terms, the Community Guidelines or the Platform Guidelines.

Service Countries means the countries in which Alertamigo can prefill a device’s dialler with local emergency numbers.  The Service Countries are listed on our website https://www.alertamigo.com and may change from time to time with changes to take effect from the time of publication on our website.

User Content means all Content uploaded to or posted in Alertamigo by Users and includes Your Content.

User Information has the meaning given to that term in clause 9.1.

Your Content has the meaning given to that term in clause 8.1

24. Contact Information

For any questions regarding these Terms, Alertamigo or Alertamigo Services, you can contact us at customerservice@alertamigo.com.