Terms & Conditions of Service

Mandatory Operational Safeguards & Zero-Tolerance Policies

Agreement & Acceptance of Terms

By downloading, installing, accessing, registering for, or using Dead Man Switch (the “Application”, “Service”, or “DMS”), you enter into a legally binding contract with quyetnv (“Developer”, “we”, “us”) and agree to abide by these Terms of Service and our Privacy Policy.

If you do not accept each and every provision set forth herein, you are strictly prohibited from using the Application and must delete it from your devices immediately.

Core Architecture & Trigger Mechanisms

Dead Man Switch operates on an inverted-heartbeat model:

• Scheduled Deadlines: You configure switches with defined countdown intervals (e.g., 24 hours, 7 days).
• Check-in Confirmation: You reset the countdown before expiration via the in-app CheckInOrb or home screen widget.
• Missed Check-in & Grace Period: If you fail to check in before the deadline, an automated grace period alert is triggered on your device.
• Escalation & Dispatch: If no confirmation is received upon grace expiration, our cloud backend automatically dispatches your pre-configured handoff instructions and emergency location to your designated recipients.

Mobile OS Aggressive Battery Optimization & Process Killing

The Application operates within the technical boundaries of mobile operating systems (Apple iOS and Google Android OEM distributions including Samsung OneUI, Xiaomi HyperOS, Huawei EMUI, Oppo ColorOS):

• Operating systems aggressively terminate background processes, suppress push notifications, or delay local alarm reminders when “Battery Optimization”, “Doze Mode”, or “Low Power Mode” is active.
• Developer Disclaimer: The Developer shall have ZERO LIABILITY if a reminder notification is suppressed, silenced, or delayed by your operating system, resulting in an unintended switch trigger.
• User Obligation: You are solely responsible for exempting the Application from battery optimization, granting “Autostart” and “Unrestricted Background Activity” permissions, and verifying that local reminders fire reliably on your device.

Fair Usage Policy (FUP) & Resource Limits

Any attempt to bypass these limits via automated scripting, reverse-engineering, or multi-account abuse constitutes a material breach and will result in immediate account termination.

Data Security & Row-Level Security (RLS) Architecture

We employ robust technical and architectural safeguards to protect user configurations:

• PostgreSQL Row-Level Security (RLS): All account profiles, switch timers, recipient email lists, and emergency text messages are isolated via strict PostgreSQL Row-Level Security policies. Database rules enforce that only requests authenticated with your user identifier can read, modify, or delete your switch data.
• Text-Only Contingency Messages: The Application stores user-authored text messages for emergency notification dispatch. The Application does not support, host, or store file attachments, images, video recordings, or binary media uploads.
• Server-Side Encryption & Transit Protection: Database storage volumes are encrypted at rest using industry-standard AES-256 encryption. All network communication between the client application and cloud infrastructure is strictly encrypted in transit using TLS 1.3.
• Local Biometric Authentication: Access to the mobile application can be locked on-device using local biometric authentication (Face ID, Touch ID, or Android BiometricPrompt) and platform secure storage (`flutter_secure_storage`).

Strict Prohibition Against Stalkerware & Surreptitious Surveillance

The Application is intended exclusively for consensual self-safety monitoring. You are strictly forbidden from installing this Application on a device without the express, informed knowledge and consent of the device owner or primary user.

Installing this Application as “stalkerware”, spyware, or an unconsented tracking tool exposes you to severe civil liability and criminal prosecution under applicable wiretapping and computer crime statutes. The Developer cooperates with law enforcement investigating unauthorized surveillance.

Testamentary Disclaimer — Not a Legal Will or Trust

DEAD MAN SWITCH IS NOT A LEGAL WILL, TESTAMENTARY INSTRUMENT, TRUST, OR FORMAL ADVANCE DIRECTIVE. Any emergency text message, instruction, or notice transmitted via the Application DOES NOT satisfy statutory probate formalities (witnessing, notarization, testamentary capacity certification). The Developer shall not be liable for probate disputes, contested estates, inheritance claims, or testamentary invalidity arising from messages sent through the Service.

False Alarm Indemnity & Emergency Response Costs

If your switch triggers due to user oversight, forgotten check-ins, intentional simulation, battery depletion, or loss of cellular connectivity, and your recipients summon emergency services, private search and rescue, medical responders, or locksmiths:

YOU SHALL SOLELY BEAR 100% OF ALL EMERGENCY RESCUE CHARGES, CIVIC FALSE ALARM FINES, PROPERTY DAMAGE EXPENSES, AND PRIVATE SEARCH COSTS. You agree to defend, indemnify, and hold harmless the Developer from any reimbursement claims filed by emergency departments, government municipalities, or private responders.

Post-Mortem Account Privacy & Non-Transferability

Accounts are strictly personal and non-transferable. Upon the verified death or incapacitation of an account owner:

• The Developer will not grant heirs, executors, or family members administrative access to the deceased user’s account or un-triggered switches without a valid, legally binding court order issued by a court of competent jurisdiction.
• Un-triggered switches remain governed by their programmed countdowns until triggered or purged under retention schedules.

Comprehensive General User Indemnification

To the maximum extent permitted by applicable law, you agree to defense, indemnify, and hold harmless quyetnv (Developer), affiliates, infrastructure providers, contractors, and agents from and against any and all claims, liabilities, losses, damages, penalties, fines, judgments, costs, and expenses (including reasonable attorneys’ fees and forensic expenses) arising out of or related to:

1. Your breach or alleged breach of any provision of these Terms or the Privacy Policy;
2. Any emergency text messages, communications, instructions, defamatory statements, or unlawful material authored by you or dispatched to recipients;
3. Your violation of any third-party right, including intellectual property, privacy, publicity, or statutory recipient rights;
4. Spam complaints, blacklist listings, or regulatory inquiries triggered by recipient addresses entered by you;
5. Any unauthorized access, tampering, or misuse of your account or device credentials.

Third-Party Services & Infrastructure Disclaimer

The Application relies on trusted third-party infrastructure providers:

• Apple App Store & Google Play: Application delivery, license verification, and in-app purchase billing.
• Supabase: Backend database, auth, storage, and cloud function execution.
• Transactional Email Services (Resend / SMTP): Autonomous emergency alert email delivery.
• Geocoding & Maps Providers: Coordinate resolution and map links.

The Developer exercises no ownership or control over third-party networks and disclaims all liability for service outages, ISP network partitions, upstream cloud blackouts, DNS failures, or policy changes enacted by these independent providers.

Intellectual Property Ownership

All right, title, and interest in and to the Application, including source code, UI designs, software architecture, logos, graphics, icons (including the Emerald Heartbeat Shield mark), documentation, and domain assets are and shall remain the exclusive property of quyetnv.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Application for personal, non-commercial safety purposes. You may not reverse engineer, decompile, disassemble, or extract the source code of the Application.

DMCA Copyright Safe Harbor & Takedown Protocol

We respect intellectual property rights. If you believe that content or messages stored within the Application infringe upon your copyright, submit a formal DMCA Notice to our Designated Agent:

Upon receipt of a compliant notice, we will expeditiously remove or disable access to the infringing material. We enforce a repeat-infringer policy: accounts that repeatedly upload infringing material will be terminated immediately.

Store-Mediated In-App Purchases & Exclusive Refund Channels

All financial transactions for “Lifetime Pro” licenses or tier upgrades are conducted exclusively through Apple In-App Purchase (App Store) or Google Play Billing:

• No Developer Processing: The Developer never receives, stores, or handles credit card, banking, or financial account details.
• Exclusive Store Refund Channels: ALL REFUND REQUESTS MUST BE SUBMITTED DIRECTLY TO APPLE OR GOOGLE. The Developer has no technical capability or contractual authority to process, approve, or issue monetary refunds for store-mediated purchases.
• Finality: All purchases are governed by Apple Media Services Terms or Google Play Terms of Service.

Disclaimer of Warranties (“AS IS” & “AS AVAILABLE”)

THE APPLICATION AND ALL ASSOCIATED SERVICES, CLOUD FUNCTIONS, SCRIPTS, AND CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AND UNINTERRUPTED AVAILABILITY. WE DO NOT WARRANT THAT THE APPLICATION WILL OPERATE WITHOUT DELAYS, OMISSIONS, CARRIER NETWORK DISRUPTIONS, OR TIMING SKEWS.

Limitation of Liability & Monetary Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. EXCLUSION OF CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF LIFE, RESCUE EXPENSES, LOSS OF PROFITS, DATA LOSS, OR SYSTEM DOWNTIME), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. AGGREGATE MONETARY CAP: IN NO EVENT SHALL THE DEVELOPER’S AGGREGATE TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) FIFTY UNITED STATES DOLLARS ($50.00 USD), OR (B) THE ACTUAL AMOUNT PAID BY YOU TO THE DEVELOPER FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
3. MANDATORY STATUTORY CARVEOUT: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or liability for gross negligence or willful misconduct. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable mandatory law.

Governing Law & Exclusive Judicial Venue

These Terms, their interpretation, validity, and any dispute arising out of or related to your use of the Application shall be governed by, construed, and enforced in accordance with the laws of the Socialist Republic of Vietnam, without regard to its principles of conflict of laws.

Subject to the arbitration agreement in Section 19, you irrevocably consent and submit to the exclusive jurisdiction and venue of the competent courts situated in Hanoi, Vietnam for any litigation arising from or relating to these Terms.

Mandatory Dispute Resolution, Binding Individual Arbitration & Class Action Waiver

19.1. Mandatory Informal Negotiation

Before initiating any formal legal proceeding, you and the Developer agree to engage in a 30-day good-faith informal negotiation. You must send a detailed Notice of Dispute to quyetnv.mlhn@gmail.com. If the dispute is not resolved within 30 days, either party may commence arbitration.

19.2. Binding Individual Arbitration

Any controversy, claim, or dispute arising out of or relating to this contract, or the breach thereof, shall be determined by binding individual arbitration in Hanoi, Vietnam in accordance with the Arbitration Rules of the Vietnam International Arbitration Centre (VIAC). The language of arbitration shall be English.

Force Majeure

The Developer shall not be deemed in breach or held liable for any failure or delay in the performance of its obligations resulting from causes beyond reasonable control, including acts of God, extreme weather events, earthquakes, pandemics, civil unrest, war, terrorism, state cyber warfare, government internet throttling or blockades, labor shortages, electrical grid failures, global telecommunications disruption, or major upstream outages (Supabase, Resend, Apple, Google, AWS).

Modification of Terms & Notification

The Developer reserves the unilateral right to amend, update, or replace these Terms at any time. For material modifications, we will provide at least fifteen (15) days’ prior notice via in-app banner or website update before new terms take effect. Urgent modifications necessitated by law, security vulnerabilities, or anti-spam compliance shall take effect immediately upon publication.

Your continued access to or use of the Service following the posting of revised Terms constitutes your irrevocable and legally binding acceptance of such revisions.

Severability, Language Precedence & Official Inquiries

Severability: If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

Non-Waiver: The failure of the Developer to enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Language Precedence: The English language version of these Terms, Privacy Policy, and legal notices is the definitive, authoritative, and legally binding text. Any translation provided in other languages is provided solely for convenience. In the event of any discrepancy, ambiguity, or conflict between a translation and this English document, the English text shall strictly govern and control.

Export Compliance: The Application contains cryptographic software. You represent and warrant that you are not located in, under control of, or a national or resident of any country to which the export of cryptographic software is prohibited by applicable trade sanctions.

Official Contact: Direct legal notices or inquiries to:
quyetnv • Email: quyetnv.mlhn@gmail.com