Legal, Privacy & Safety Terms
These terms apply to BlabberFeed and its safety/location features, including Circle, Locate, Smoke Signal, trip/location sharing, message acknowledgements, and related services.
1. Acceptance of Terms
By creating a BlabberFeed account, creating or joining a Circle, adding a trusted person, connecting a device, enabling location sharing, starting a trip, sending a Smoke Signal, acknowledging a Smoke Signal, or otherwise accessing or using the Services, you agree to these Legal, Privacy & Safety Terms and any policies incorporated by reference.
If you do not agree, do not use the Services. If you use the Services on behalf of another person or organization, you represent that you have lawful authority to do so and that your use does not violate that person's rights.
Some rights cannot legally be waived. Nothing in these Terms is intended to waive, restrict, or eliminate a right or remedy that applicable law makes non-waivable.
2. Covered Services
"Services" means BlabberFeed and any feature, page, application, website, software, API, database, mobile or native wrapper, or related service operated under or associated with BlabberFeed, including but not limited to:
- BlabberFeed;
- Circle;
- Locate;
- Smoke Signal;
- live or periodic location sharing;
- trip and route sharing;
- location-history or temporary breadcrumb features;
- Message Received acknowledgements;
- device connection and trusted-person management;
- associated websites, APIs, servers, databases, and applications.
"BlabberFeed Parties" means BlabberFeed, its owner or operator, developers, administrators, representatives, employees, contractors, agents, affiliates, successors, licensors, service providers, and other persons acting on its behalf.
3. Eligibility, Accounts & Authorized Use
You may use the Services only if you can form a legally binding agreement in your jurisdiction and your use is lawful.
You are responsible for your account, connected devices, Circle membership, mobile numbers you submit, and activity performed through your account or device. You must not impersonate another person, connect a device to another person's Circle record without authorization, or use the Services to stalk, harass, threaten, surveil, intimidate, exploit, or unlawfully monitor another person.
You are responsible for keeping your device, browser, account credentials, session information, and device tokens secure.
4. Safety & Emergency-Service Disclaimer
If you believe that you or another person is in immediate danger, is seriously injured, is experiencing a medical emergency, is missing, is being threatened, or requires urgent assistance, contact the appropriate emergency service or competent authority directly.
You must not rely on BlabberFeed, Circle, Locate, Smoke Signal, a map marker, a Message Received acknowledgement, a route, a location update, or any other Service feature as the sole means of obtaining emergency assistance.
A Smoke Signal does not guarantee that any person will see it, receive it, understand it, respond to it, know how to help, contact emergency services, or reach the sender.
"Message Received" means only that a connected Circle user caused an acknowledgement to be recorded. It does not mean that professional help has been contacted, that assistance is on the way, or that the acknowledging person has the ability or obligation to provide assistance.
5. Location Information, Consent & Accuracy
Location features depend on the user's device, operating system, browser, application permissions, GPS or other positioning systems, network connectivity, battery state, background-execution rules, carrier availability, server availability, map services, and other factors outside BlabberFeed's control.
Location information may be delayed, incomplete, stale, inaccurate, unavailable, or associated with the wrong physical position. GPS accuracy indicators are estimates and should not be treated as guarantees.
By choosing to enable location sharing, start a trip, or send a Smoke Signal, you instruct the device to request and transmit location information for the purpose shown in the user interface. You may stop ordinary location sharing using the controls made available by the Service or by changing device or browser permissions.
You must not enable or attempt to enable location sharing on another person's device without that person's knowledge and lawful authorization.
6. Circles, Trusted People & Consent
A Circle is a private grouping tool that allows users to connect with people they choose to trust. A Circle may include relatives, friends, roommates, travel companions, caregivers, coworkers, or other trusted persons.
The person who creates or manages a Circle is responsible for adding only persons they are authorized to add and for using accurate contact information. BlabberFeed does not guarantee a person's identity, relationship, trustworthiness, age, authority, availability, or willingness to assist.
Joining a Circle does not create a fiduciary duty, agency relationship, rescue obligation, medical duty, security obligation, employment relationship, or other special legal relationship between Circle members or between a user and any BlabberFeed Party.
7. Smoke Signal, Locate & Message Acknowledgements
Smoke Signal is intended to let a user communicate a safety concern to connected members of the same Circle. Examples may include being lost, feeling unsafe, medical concerns, vehicle trouble, or another request for attention.
Depending on the user's choices and device permissions, a Smoke Signal may include the sender's display name, type of concern, optional message, time, location coordinates, estimated GPS accuracy, and related status information.
Connected Circle members may see an active Smoke Signal through Locate or other supported interfaces.
A recipient may use "Message Received" to acknowledge that the alert was seen. The sender may then receive a "Msg Received" acknowledgement. This feature is informational only and is not a promise of assistance.
BlabberFeed does not guarantee delivery, receipt, display, timing, persistence, accuracy, availability, acknowledgement, escalation, or response to any Smoke Signal or other communication.
8. Assumption of Risk
You understand and voluntarily accept the risks associated with using location-sharing and safety-communication technology, including inaccurate locations, missed messages, delayed updates, unavailable networks, device failure, unauthorized access, human error, mistaken identity, reliance by Circle members, or failure of another person to respond.
To the maximum extent permitted by law, you assume responsibility for decisions you make based on information presented through the Services.
9. Disclaimer of Warranties
To the maximum extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, reliability, security, uninterrupted operation, emergency suitability, or fitness for life-safety use.
No statement, map, status, acknowledgement, route, location point, notification, or communication creates a warranty or guarantee.
10. Release & Limitation of Liability
To the maximum extent permitted by applicable law, you release and agree not to hold the BlabberFeed Parties liable for claims, demands, losses, damages, costs, expenses, injuries, delays, missed communications, inaccurate locations, unauthorized access, device failures, network failures, actions or omissions of Circle members, or other harm arising from or relating to your use of or reliance on the Services.
To the maximum extent permitted by applicable law, the BlabberFeed Parties will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; lost profits; lost data; loss of goodwill; personal decisions made in reliance on location or safety information; or damages arising from a failure to receive or respond to a Smoke Signal.
Where liability cannot lawfully be excluded, the aggregate liability of the BlabberFeed Parties for claims arising from or relating to the Services will be limited to the greater of (a) the amount you paid directly to BlabberFeed for the specific Service giving rise to the claim during the twelve months before the event giving rise to liability, or (b) US $100, except where applicable law requires a different remedy or prohibits such limitation.
Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited, including liability that applicable law makes non-waivable.
11. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the BlabberFeed Parties from claims, liabilities, losses, damages, judgments, costs, and reasonable attorneys' fees arising from or relating to:
- your unlawful or unauthorized use of the Services;
- your violation of these Terms;
- your addition, monitoring, tracking, or identification of another person without lawful authorization;
- content, phone numbers, messages, or other information you submit;
- your violation of another person's privacy, publicity, contractual, or other rights; or
- your misuse of Circle, Locate, Smoke Signal, or location-sharing features.
12. Dispute Resolution, Individual Arbitration & Class-Action Waiver
Before filing a formal claim, you and BlabberFeed agree to attempt in good faith to resolve the dispute informally for at least 30 days after written notice of the dispute is received.
Except where prohibited by law, and except for an eligible individual claim in small-claims court or a request for temporary injunctive relief concerning misuse of intellectual property, account security, or unauthorized access, any dispute arising from or relating to the Services or these Terms shall be resolved by binding arbitration on an individual basis under the applicable consumer arbitration rules of the American Arbitration Association ("AAA"), or another mutually agreed arbitration provider.
To the maximum extent permitted by law, disputes must be brought individually. You and BlabberFeed waive the right to participate as a plaintiff or class member in a purported class, collective, consolidated, mass, or representative action, and waive a jury trial for claims subject to arbitration.
If a court determines that a specific part of this arbitration or class-waiver section is unenforceable, that part will be severed to the minimum extent necessary, and the remaining provisions will remain in effect where lawful.
Users may opt out of the arbitration requirement by sending a written opt-out notice within 30 days after first accepting these Terms to: [ARBITRATION OPT-OUT EMAIL OR MAILING ADDRESS]. The notice must identify the account and clearly state the user's decision to opt out of arbitration.
These Terms are governed by the laws of: [GOVERNING STATE / COUNTRY], without regard to conflict-of-law principles, except to the extent another jurisdiction's mandatory law applies.
13. Privacy Notice
13.1 Information We May Process
Depending on the features you use, BlabberFeed may process information such as:
- account identifiers, username, and authentication/session information;
- mobile phone numbers and Circle membership information;
- device identifiers, browser information, IP address, timestamps, and security logs;
- location coordinates, estimated GPS accuracy, location timestamps, and trip-route points;
- Smoke Signal type, optional message, status, and acknowledgements;
- content or preferences you submit to BlabberFeed;
- technical information needed to operate, secure, diagnose, or improve the Services.
13.2 Why We Process Information
We may process information to:
- provide and authenticate the Services;
- connect trusted people within a Circle;
- display location information that a user chooses to share;
- send, display, record, and acknowledge Smoke Signals;
- maintain trip or route features selected by the user;
- prevent abuse, fraud, unauthorized access, stalking, or security incidents;
- diagnose technical problems and maintain service integrity;
- comply with law, court orders, lawful requests, or protect rights and safety.
13.3 Location Information
Precise or near-precise location information can be highly sensitive. We use location information for the safety/location features requested by the user, such as Locate, trip sharing, and Smoke Signal. We do not represent that a location is exact or current.
13.4 Sale of Safety and Location Data
BlabberFeed does not sell precise Circle location data or Smoke Signal message content for monetary consideration. If BlabberFeed's data practices materially change, this notice must be updated before the changed practice is implemented where applicable law requires notice or consent.
13.5 Sharing with Other Circle Members
Location and safety information selected for sharing may be disclosed to other connected members of the same Circle. The Service is designed so that users in one Circle do not automatically receive the private safety information of a different Circle.
13.6 Legal and Safety Disclosures
Information may be preserved or disclosed when reasonably believed necessary to comply with applicable law, legal process, court order, lawful government request, investigate abuse or security incidents, enforce these Terms, or protect the rights, safety, or security of users or others.
14. Cookies, Local Storage & Similar Technologies
BlabberFeed may use cookies, browser local storage, session storage, device tokens, or similar technologies to operate and secure the Services.
14.1 Strictly Necessary Technologies
These may include technologies used to:
- keep a user signed in;
- maintain a secure session;
- remember a connected Circle device;
- store a device/session token;
- prevent abuse or unauthorized access;
- remember essential user choices.
Disabling necessary cookies or local storage may prevent sign-in, Circle connection, Smoke Signal acknowledgements, or other features from functioning.
14.2 Non-Essential Cookies
If analytics, advertising, cross-site tracking, personalization, or other non-essential cookies or tracking technologies are introduced, BlabberFeed will provide notice and, where required by applicable law, obtain consent or honor applicable opt-out signals before using them.
14.3 Browser Controls
Users can control cookies and site storage through browser or device settings. Removing site storage may disconnect the device from a Circle or require the user to reconnect.
15. Privacy Rights by Jurisdiction
Privacy rights vary by jurisdiction and by whether a particular law applies to BlabberFeed. Where applicable, BlabberFeed will honor rights required by law.
15.1 United States State Privacy Laws
Depending on the user's state and the applicability thresholds of a particular law, a user may have rights such as access, confirmation of processing, correction, deletion, portability, and rights concerning targeted advertising, sale or sharing of personal data, profiling, or sensitive data.
Precise geolocation is treated as sensitive information under several U.S. privacy laws. BlabberFeed therefore treats Circle location information as sensitive safety information and limits its use to providing and protecting the Services unless another lawful basis applies.
15.2 California
Where the California Consumer Privacy Act, as amended ("CCPA"), applies, eligible California residents may have rights to know/access, delete, correct, opt out of sale or sharing, limit certain uses or disclosures of sensitive personal information, and exercise rights without unlawful discrimination.
BlabberFeed does not require a user to waive a right that the CCPA makes non-waivable.
15.3 Texas
Where the Texas Data Privacy and Security Act ("TDPSA") applies, eligible Texas residents may have rights including confirmation/access, correction, deletion, portability, and certain opt-out rights. Precise geolocation may constitute sensitive data under applicable Texas law.
15.4 European Economic Area / GDPR
Where the General Data Protection Regulation ("GDPR") applies, users may have rights including information, access, rectification, erasure, restriction, portability, objection, and rights relating to certain automated decisions. Applicable processing must have a lawful basis.
Where consent is the legal basis for a specific processing activity, the user may withdraw that consent, subject to lawful retention or processing grounds that may continue to apply.
15.5 Exercising Privacy Rights
Submit a privacy request to: [PRIVACY REQUEST EMAIL / FORM]. BlabberFeed may need to verify the requester's identity before fulfilling a request and may deny or limit requests where permitted by law.
16. Children, Minors & Parental Responsibility
The Services are not intended to permit children to independently consent to collection of personal information where parental authorization is legally required.
If BlabberFeed is directed to children under 13, or BlabberFeed has actual knowledge that it is collecting personal information online directly from a child under 13, the Children's Online Privacy Protection Act ("COPPA") and related rules may require notice to a parent or guardian, verifiable parental consent, parental access/deletion rights, data minimization, security, and retention controls.
A parent or legal guardian who creates or manages a Circle involving a minor is responsible for using the Services consistently with applicable law and the minor's rights. Adding a child's phone number or device to a Circle does not eliminate any legal obligation that may apply to the operator or parent.
If you believe information was collected from a child in a way that violates applicable law, contact: [CHILD PRIVACY CONTACT].
17. Data Security, Retention & Deletion
BlabberFeed may use administrative, technical, and organizational safeguards designed to protect personal information. No website, network, database, browser, server, mobile device, or transmission method is completely secure, and BlabberFeed cannot guarantee absolute security.
Information is retained for as long as reasonably necessary for the purpose for which it was collected, to provide the Services, maintain security, resolve disputes, enforce agreements, satisfy legal obligations, or as otherwise permitted by law.
Where a feature has a configured automatic expiration period, such as certain temporary trip-route information, the Service may automatically remove that information after the configured period. Other information may remain until deleted, the relevant account/Circle is removed, or another retention rule applies.
18. Third-Party Services & External Systems
The Services may depend on or interact with third-party systems such as hosting providers, map/tile providers, mobile operating systems, browsers, network providers, device manufacturers, app stores, or future communication providers. Those parties may process technical information according to their own terms and privacy practices.
BlabberFeed is not responsible for the availability, conduct, security, accuracy, or privacy practices of third-party services.
19. Changes, Suspension & Termination
BlabberFeed may modify, suspend, discontinue, restrict, or replace all or part of the Services where reasonably necessary for security, maintenance, legal compliance, product changes, or other operational reasons.
These Terms may be updated from time to time. When legally required, users will receive appropriate notice and a request for renewed consent or acceptance. Continued use after an effective update may constitute acceptance where permitted by law.
20. Operator & Contact Information
Before publishing this page as final legal terms, complete the following:
- Operator legal name: [LEGAL NAME / ENTITY]
- Business mailing address: [MAILING ADDRESS]
- Legal contact: [LEGAL EMAIL]
- Privacy contact: [PRIVACY EMAIL]
- Governing law: [STATE / COUNTRY]
- Arbitration opt-out address: [EMAIL OR MAILING ADDRESS]
Questions about these Terms may be sent to the legal contact listed above. Privacy requests should be sent to the privacy contact listed above.