Becklar, LLC (“Becklar”, “Us”, “Our”, and “We”) own and operate the Becklar website located at becklar.com and the website located at becklar.com (“Sites”) and the products listed on Sites, including related mobile applications (our “Products)”.
We may change, suspend, modify, or discontinue all or any part of the Sites in our sole discretion with or without notice. We are not liable for any reason if all or any part of the Sites are unavailable at any time or for any period. We are not obligated to correct or update any information or content on the Sites. We reserve the right to block or deny access to the Sites to anyone, at any time, and for any reason.
You must be 18 years of age or older to use Our Products.
Use of Our Products
Our Products are a service and software for use in addition to, or as a supplement to your existing and/or required procedures for fall protection/prevention or monitoring. Our Products are not a replacement for any prevention or monitoring procedures required by regulation or otherwise used by you. In other words, we don’t want you to rely on Our Products and replace any other safety or monitoring procedure/precaution you would normally use if you didn’t have Our Products, because Our Products are “extra” monitoring tools.
When Becklar’s mobile application is activated by you, it interacts with hardware on a smart device to detect falls when a person carries their smart device. If a fall is detected, Becklar sounds a warning alarm for a countdown period. If you do not deactivate the alarm during the countdown period, Becklar sounds a second alarm and can initiate a text, phone call, and/or email to one or more pre-selected emergency contacts.
License Grant and Use
Privacy and Security Policy
Please see our Privacy & Security Policy at: https://www.becklar.com/workforce-safety/privacy-policy/.
You can terminate your account by sending an email requesting termination to firstname.lastname@example.org, by including the phrase, “terminate my account,” your name, email address and phone number.
If you properly request termination, Becklar will terminate access to your account and terminate your ability to submit emergency contact information to Becklar and Becklar will no longer send notifications to your emergency contacts. Becklarwill delete your account information from its storage systems upon termination.
However, Becklar cannot guarantee that all information submitted by you will be completely deleted. For example, when required, we will retain your information to fulfill our legal obligations.
You promise NOT to use Our Site or Our Products for any of the following purposes or activities:
- conducting or supporting illegal activity;
- transmitting or storing worms or viruses or any code of a destructive nature;
- threatening, harassing, abusing, impersonating, injuring or intimidating others;
- delivering spam or collecting information to deliver spam, or sending advertisements;
- decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained on or in Our Sites or Products;
- making any modification, adaptation, improvement, enhancement, translation or derivative of Our Site or Products;
- disguising the origin of any content transmitted through Our Sites or Products;
- manipulating your presence on Our Sites or Products;
- causing the launch of any automated system(s) that access Our Sites or Products in a manner that sends more request messages to servers of Becklar in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
Security Code & Non-Transferability of Account
In order to use Our Products, We must send messages to your emergency contacts. You must establish an account by providing your name and phone number. Becklar will then generate a security code via SMS to the phone number you provided; you will need to verify your receipt of that code by submitting it to Us.
Becklar may, at its sole discretion, and without prior notice to any parties, change your security code and provide notice to you of the same.
You are responsible for maintaining the confidentiality of your account, password and other information. Any account you create is personal to you and you agree to not provide any other person with access to it. You agree to notify us immediately if you learn of any unauthorized access to or use of your account. You may be required to logout from your account at the end of each session. We may disable any account at any time in our sole discretion.
Information/Data You Provide and Warranties
You warrant and represent to Becklar that you are not infringing the rights or violating the privacy of others whenever you provide information or data on or through Our Sites or Our Products (including, for example, the names, email addresses, phone numbers and user created descriptions for your emergency contacts) and that you are fully authorized to transmit all such information or data to Becklar. If Becklar becomes aware of a party that repeatedly infringes or violates the rights of others, Becklar will terminate the user’s account.
License You Provide to Becklar and Other Users
Phone Calls, SMS and Automated Emails
Now, or in the future, Becklarmay provide a free or fee-based service (at Our sole discretion) in which Becklar attempts to initiate contact with your listed emergency contacts via phone call, or text message when you fail to deactivate a warning alarm, and when an Internet connection is available on your smart device. You agree to inform your selected emergency contacts before listing them as emergency contacts with Becklar, so that your listed emergency contacts consent to being listed. Your emergency contacts may be charged by their phone service carriers for calls placed to them, or text messages sent to them, initiated by Becklar. Becklar will not charge your emergency contacts, but Becklar shall not be responsible for any charges your emergency contacts incur from receiving phone calls or text messages initiated by Becklar. In addition, Becklar may provide free or fee-based service automated email services (at Our sole discretion) in which Becklar attempts to send an automated email to your listed emergency contacts if you fail to deactivate a warning alarm, when an Internet connection is available.
Disclaimers and Limitations on Liability
OUR SITES AND PRODUCTS ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, BECKLAR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF BECKLAR. BECKLAR SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH BECKLAR. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OBTAINED THROUGH THE USE OF BECKLAR, AND ANY DOWNLOAD OF BECKLAR SOFTWARE, IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SMART DEVICE OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. UNDER NO CIRCUMSTANCES SHALL BECKLAR BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OR RELIANCE ON BECKLAR. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BECKLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE ON FBECKLAR, FROM INABILITY TO USE BECKLAR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF BECKLAR, OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH BECKLAR. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU HAVE BEEN INFORMED NOT TO RELY ON BECKLAR AS A SAFETY MONITOR OR A MONITORING MEANS IN ANY WAY, AND THAT YOU SHOULD CONTINUE TO USE ALL MONITORING MEANS YOU WOULD USE IF BECKLAR WAS NOT AVAILABLE, AND THAT THE RISK OF HARM OR DAMAGE FROM YOUR RELIANCE ON BECKLAR RESTS ENTIRELY WITH YOU.
Becklar software and services are controlled and offered by Becklar from its facilities in the United States of America. Becklar makes no representations that its software or services are appropriate or available for use in other locations outside of the United States. Those who access or use Becklar from other jurisdictions do so at their own volition and are responsible for compliance with local law.
All legal issues arising from or related to the use of Our Sites or Products shall be interpreted under the laws of the State of Utah, USA, without regard to conflicts of law principles.