Effective Date: November 20, 2024
The following terms and conditions govern all use of websites owned and operated by GeoZilla, any downloadable software, mobile applications, and the Company’s products and services offered at www.geozilla.com (collectively, the “GeoZilla Service”). These terms are provided by GeoZilla, Inc. and its affiliates and subsidiaries (collectively, “GeoZilla”, “we”, or “us”) and apply to all users of the GeoZilla Service (“User(s)”, “you”, or “your”, as applicable).
GeoZilla provides location sharing and communication app for smartphones. With GeoZilla Service, you can see your entire family on a private map, stay in touch 24/7 and protect your loved ones. Subscribers of premium subscription also enjoy access to additional features, enhanced functionality, and expanded customization options for a more personalized experience.
Please read these Terms of Use carefully before accessing or using the GeoZilla Service.
Contract with GeoZilla
By accessing or using the GeoZilla Service, you agree to comply with these Terms of Use, as well as any additional policies, guidelines, and operational rules, including the GeoZilla Privacy Policy, which may be updated periodically.
GeoZilla reserves the right to suspend or terminate your access to the GeoZilla Service at its sole discretion if you breach any of the terms outlined in this agreement. In such cases, GeoZilla will not be obligated to issue a refund for any amounts previously paid.
The GeoZilla Service is not available to users who have been removed or banned by GeoZilla for any reason, and those users will no longer be permitted to access the service.
Age Restrictions
GeoZilla Service is intended solely for individuals who are 13 years of age or older, or 16 years of age or older in the European Union (EU), in compliance with applicable laws, including the Children’s Online Privacy Protection Act (COPPA) in the United States and the General Data Protection Regulation (GDPR) in the EU.
Individuals under these age thresholds are prohibited from creating an account. Such individuals may only accept invitations from a parent or legal guardian to join their account. This ensures that the parent or guardian has control over the account and the content shared within it.
By using the service, you acknowledge that you meet the minimum age requirements and understand the restrictions regarding users under age thresholds specified above. GeoZilla reserves the right to verify the age of its users and to suspend or terminate accounts that violate this policy.
GeoZilla Account
By creating and maintaining a GeoZilla account, you acknowledge that you are solely responsible for the security and confidentiality of your account information. You are fully responsible for all activities that occur under your account, including any actions taken by third parties who gain unauthorized access to your account. You agree to monitor your account for any unauthorized use and take immediate action to prevent further unauthorized access if you become aware of any security breach.
In the event of any unauthorized access or breach of security, you must notify GeoZilla immediately via the contact details provided herein. Failure to notify GeoZilla promptly may result in you being held liable for any damages incurred. GeoZilla will not be held responsible for any losses or damages arising from your failure to secure your account or notify us of any suspicious activities.
Premium Subscription
GeoZilla Premium is a paid subscription service offered by GeoZilla that provides enhanced features beyond the free version.
Pricing
By subscribing to GeoZilla Premium, you agree to the pricing and payment terms set forth by GeoZilla. GeoZilla reserves the right, at its sole discretion, to introduce new services for additional fees or modify existing fees at any time. Any changes to the pricing or payment terms will be communicated to you in advance and will take effect in the next billing cycle following the notification. It is your responsibility to review any updates to pricing or payment terms to ensure you are aware of changes that may impact your subscription.
Payment Terms
Payment for GeoZilla Premium is required in advance.
GeoZilla may offer a free trial period, which will automatically transition into a paid subscription at the end of the trial, unless you cancel before the trial period expires.
GeoZilla is not responsible for any charges or expenses incurred due to fees billed by GeoZilla, such as overdraft fees or exceeding your credit card limit.
By providing your payment details, you authorize GeoZilla to charge your chosen payment method for all applicable fees until your GeoZilla Premium is either canceled by you or terminated by GeoZilla.
Auto-Renewal
Your GeoZilla Premium will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You may cancel your subscription at any time by following the cancellation instructions below.
Refund Terms
Any charges already processed or billed prior to cancellation are non-refundable, including cases where the subscription was only partially used. Exceptions may apply in specific circumstances as outlined in our refund policy.
Refund Policy
Refunds are processed based on the platform where the purchase was made:
- Apple App Store or Google Play: For purchases made through the App Store or Google Play, any refund requests should be directed to the respective platform. Please follow Apple or Google’s instructions for requesting a refund through their customer support channels.
- GeoZilla Website: For purchases made on the GeoZilla website, please refer to the refund terms below.
Website Refund Policy
Refunds for subscriptions purchased on our website may be considered under the following circumstances:
- Legal Entitlement: If applicable law provides you with specific refund rights (including during cooling-off period as specified below), you may submit refund request as described below.
- Verified Technical Issue: If a technical problem prevents the application from functioning as intended, and GeoZilla’s support team verifies it as a bug, a refund may be granted if the issue remains unresolved for 30 days. Please provide relevant technical details, such as screenshots or error logs, to support your request.
Cooling-Off Period for EEA and UK Users
If you are a user located within the European Economic Area (EEA) or United Kingdom (UK), you have the right to a cooling-off period of 14 days from the date of purchase during which you may cancel your GeoZilla Premium and receive a full refund, provided that you have not used any paid features during the cooling-off period. If you choose to use the service during the cooling-off period, you acknowledge and agree that your right to cancel will be forfeited. To exercise this right, you must notify GeoZilla of your decision to cancel within 14 days by contacting GeoZilla support.
Refund Process
If you wish to request a refund, please follow these steps based on where you made the purchase:
- Purchases through the Apple App Store or Google Play: Request a refund directly through the App Store or Google Play. Refunds are processed according to each store’s respective policies, and you can find instructions for submitting a refund request on their support pages.
- Purchases through the GeoZilla Website: For purchases made on the GeoZilla website, please contact GeoZilla support team to initiate the refund process within 30 days of the purchase date. Include any relevant information, such as screenshots, that may support your request. GeoZilla will review your request according to its refund policy and notify you of the decision.
Please note that refunds may only be granted under select conditions, and GeoZilla reserves the right to assess each request on a case-by-case basis.
All refund requests will be reviewed within 30 days of submission.
Non-Refundable Purchases
Certain in-app purchases, such as premium add-ons or extra features, are non-refundable as they provide immediate access to exclusive content that cannot be reversed or reclaimed once accessed.
Cancellation
You may cancel your GeoZilla Premium at any time through your account settings or by contacting GeoZilla support team. Upon cancellation, you will continue to have access to premium features until the end of your current billing cycle, and no further charges will be applied.
If your subscription is managed through an app store, you must cancel your subscription directly through the respective app store. The following cancellation policies apply:
- Apple App Store: You must cancel at least 24 hours before the renewal date to avoid being charged for the next billing cycle. The subscription will remain active until the end of the current period.
- Google Play: Like Apple, Google Play requires cancellation at least 24 hours before the renewal date to prevent the next charge. Access to premium features continues until the end of the current billing period.
Please refer to the specific app store’s guidelines for additional details on their cancellation policies.
Payment Processors
GeoZilla relies on third-party payment processors, such as Apple, Google, or other payment services, to handle all billing transactions directly. When you subscribe to GeoZilla Premium, you authorize these third-party processors to charge your payment method for the subscription fees. These payment processors operate independently and are governed by their own terms and policies, which you should review before submitting payment information. GeoZilla does not directly process payments but works with these third parties to manage the billing process.
Submitting Content
If you submit any content (“Content”) to the GeoZilla Service, you are solely responsible for that Content and any harm that may result from it. This applies regardless of whether the Content consists of text, graphics, video, location data, or binary data.
By submitting Content, you represent and warrant that:
- The downloading, copying, and use of the Content will not infringe any proprietary rights, including but not limited to copyright, patent, trademark, trade secret, moral rights, or other intellectual property rights of any third party;
- If you use Content that belongs to third parties, you have obtained the necessary permission or licenses to use and share this Content within GeoZilla Service;
- You have fully complied with any applicable third-party licenses or terms related to the Content you share and have made sure all required attributions or notices are included;
- The Content complies with all applicable laws and regulations, is not illegal, defamatory, discriminatory, or pornographic, does not contain threats or incite violence toward individuals or entities, and does not violate the privacy or publicity rights of any third party;
- Your account details (including name, email, and other identifying information) accurately represent your identity, and you are not impersonating another person;
- The Content is free from viruses, malware, or any malicious code that could harm the GeoZilla Service or its users.
By submitting Content to GeoZilla Service, you grant GeoZilla a worldwide, royalty-free, non-exclusive license to use, display, reproduce, modify, and distribute the Content for the purpose of operating and providing the services within the GeoZilla Service.
If you delete Content, GeoZilla will make reasonable efforts to remove it from its database, but you acknowledge that copies of the Content may still be accessible due to caching or other technical reasons.
GeoZilla reserves the right, at its sole discretion, to refuse or remove any content that, in its reasonable opinion, violates any GeoZilla policy or is harmful or objectionable in any way. However, please note that GeoZilla does not review the content submitted by Users to the GeoZilla Service and is not responsible for the content, its use, or any effects it may cause. GeoZilla disclaims any responsibility for any harm or damages resulting from the use of Content submitted by Users.
Prohibited Use
You agree not to use the GeoZilla Service for any unlawful, harmful, or unauthorized purpose. In particular, you must not:
- Violates any applicable local, state, national, or international laws, regulations, or rules;
- Infringes on the intellectual property rights of GeoZilla or any third party;
- Attempts to access the GeoZilla Service or its associated systems and networks without proper authorization;
- Disrupts or damages the operation of the GeoZilla Service or interferes with any related networks or servers;
- Engages in any behavior that is fraudulent, abusive, harassing, defamatory, threatening, or discriminatory;
- Involves spamming, phishing, or other harmful online activities;
- Transmits harmful or malicious software, viruses, or code;
- Uses the GeoZilla Service to engage in illegal activities, including unauthorized access to private or personal data;
- Attempts to reverse-engineer, decompile, disassemble, or otherwise discover the source code or underlying structure of the GeoZilla Service;
- Reproduces, distributes, modifies, displays, or creates derivative works based on the GeoZilla Service, in whole or in part, without express written permission from GeoZilla.
External Links and Third-Party Services
GeoZilla may provide links to third-party websites or services, including external websites, content, or resources, as part of the GeoZilla Service. However, GeoZilla has not reviewed, and cannot review, all the material made available through such third-party websites and webpages, and therefore cannot be responsible for their contents, accuracy, or any other aspect. GeoZilla does not control, endorse, or assume any responsibility for the external websites, third-party services, or resources linked to or from the GeoZilla Service.
By accessing any external link or third-party service, you acknowledge that GeoZilla is not responsible for any content, goods, or services provided by these third parties, and GeoZilla disclaims any liability for any harm, loss, or damage resulting from your use of these third-party websites, services, or resources.
GeoZilla does not warrant, and is not responsible for, the accuracy, completeness, legality, or availability of any external content, and you should review the terms of use and privacy policies of any third-party services before using them.
Intellectual Property
All intellectual property rights in and to the GeoZilla Service and its associated content, including but not limited to trademarks, service marks, logos, designs, graphics, text, software, and other proprietary materials, are owned by GeoZilla or its licensors and are protected by copyright, trademark, and other intellectual property laws worldwide. By using GeoZilla Service, you acknowledge and agree that GeoZilla retains all ownership rights to its intellectual property, and that no rights, title, or interest in GeoZilla Service are transferred to you under these Terms of Use, except for the limited rights explicitly granted herein.
Any third-party trademarks, service marks, or logos appearing in GeoZilla Service are the property of their respective owners. Your use of GeoZilla Service does not grant you any rights or license to use such third-party trademarks or logos. All rights not expressly granted in these Terms of Use are reserved by GeoZilla and its licensors.
Changes to the GeoZilla Service
GeoZilla reserves the right, at its sole discretion, to modify, suspend, or discontinue any part of the GeoZilla Service at any time, with or without notice. This includes the ability to change, remove, or add features, content, or functionality. Any new features, content, or functionality introduced will be subject to the terms and conditions set forth in these Terms of Use.
Disclaimer of Warranties
The GeoZilla Service is provided “as is” and “as available.” GeoZilla, along with its suppliers and licensors, expressly disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
GeoZilla does not guarantee that the GeoZilla Service will be error-free, secure, or uninterrupted, nor does it guarantee that any defects will be corrected. Access to the GeoZilla Service may be suspended or interrupted from time to time for maintenance or other reasons.
You acknowledge and agree that any content or services you obtain through the GeoZilla Service are done at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data resulting from the download or use of such content or services.
Limitation of Liability and Indemnification
In no event will GeoZilla, its suppliers, or licensors be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, business, goodwill, data, or use, or the cost of substitute products or services, arising out of or related to the GeoZilla Service, under any legal theory, including contract, negligence, or strict liability, even if GeoZilla has been advised of the possibility of such damages.
GeoZilla’s total liability to you, whether arising from a claim based on contract, tort, or any other legal theory, shall not exceed the amount paid by you to GeoZilla under these Terms of Use in the six (6) months immediately preceding the event giving rise to the claim. This limitation of liability is the exclusive remedy available to you and applies regardless of the form of action, including, but not limited to, any claims arising from the loss of data, interruption of service, or any technical or operational failure.
GeoZilla shall not be liable for any failure or delay in the performance of its obligations under these Terms of Use if such failure or delay is caused by circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, government regulations, natural disasters, power failures, network interruptions, technical failures, or any other unforeseen event or force majeure event.
You agree to indemnify, defend, and hold harmless GeoZilla, its affiliates, licensors, suppliers, and service providers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including legal fees) arising from your use of the GeoZilla Service or any breach of these Terms of Use or other applicable policies.
This limitation of liability will apply to the fullest extent permitted by applicable law.
Governing Law and Arbitration
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or in connection with these Terms of Use, or the breach, termination, or validity thereof, shall be resolved through binding arbitration. The arbitration shall be conducted in Boca Raton, Florida, in the English language, and shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Miscellaneous
Entire Agreement
These Terms of Use, together with the Privacy Policy and any other legal notices or agreements published by GeoZilla, constitute the entire agreement between you and GeoZilla concerning your use of the GeoZilla Service. Any prior agreements, whether written or oral, between you and GeoZilla regarding the subject matter of these Terms of Use are superseded by this agreement.
Amendments
GeoZilla reserves the right to modify or amend these Terms of Use at any time, and any such modifications will be effective upon posting on the GeoZilla website or within the mobile app. Your continued use of the GeoZilla Service following the posting of changes constitutes your acceptance of those changes. If you do not agree with the updated Terms of Use, you must stop using the GeoZilla Service.
Severability
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be replaced with a valid and enforceable provision that most closely reflects the original intent of the parties.
No Waiver
The failure of GeoZilla to enforce any provision of these Terms of Use shall not be deemed a waiver of that provision or of the right to enforce that provision at a later time. Any waiver of any provision of these Terms of Use must be made in writing and signed by an authorized representative of GeoZilla.
Assignment
GeoZilla may assign or transfer its rights and obligations under these Terms of Use, in whole or in part, at any time without notice to you. You may not assign or transfer your rights or obligations under these Terms of Use without GeoZilla’s prior written consent.
Headings
The section headings used in these Terms of Use are for convenience only and do not affect the interpretation of these Terms of Use.
Survival
The provisions of these Terms of Use that by their nature should survive termination or expiration (including, without limitation, provisions regarding ownership, disclaimers of warranty, limitations of liability, and indemnification) will survive any termination or expiration of these Terms of Use.
No Third-Party Beneficiaries
These Terms of Use are intended for the sole benefit of GeoZilla and the User. No third-party beneficiaries are intended or authorized under this agreement.
Contact
Please contact us support@geozilla.com with any questions regarding these Terms of Use.