These Terms of Service govern your use of the Cerqa mobile app and website. By creating an account or using Cerqa, you agree to these terms. Please read them carefully.
Not an emergency service. Cerqa is not designed for emergencies. Do not rely on Cerqa to summon help or to verify someone's safety in an emergency situation. If you or someone else is in danger, contact your local emergency services (911 in the US).
1. Acceptance of Terms
By downloading, installing, or using the Cerqa app or website (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the Service.
We may update these Terms from time to time. When we do, we will update the date at the top of this page. Continued use of the Service after changes are posted means you accept the updated Terms.
2. Eligibility
You must be at least 13 years old to use Cerqa. If you are under 18, you represent that a parent or legal guardian has reviewed and agrees to these Terms on your behalf.
By using Cerqa, you represent that all information you provide is accurate, that you have the legal capacity to enter into these Terms, and that you are not prohibited from using the Service under the laws of your jurisdiction.
3. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Do not share your password with anyone.
You agree to provide accurate information when creating your account and to keep it up to date. You may not impersonate another person or create an account on behalf of someone else without their permission.
If you believe your account has been compromised, contact us immediately at support@cerqa.net.
4. Location Sharing
Cerqa's core feature is voluntary, user-initiated location sharing. By using location sharing features, you understand and agree to the following:
- You control when your location is shared and with whom. Location sharing only begins when you explicitly start a session.
- When you share your location with a contact or group, those individuals can see your real-time position for the duration of the session.
- GPS accuracy depends on your device and environment. Cerqa cannot guarantee the precision of location data and is not liable for decisions made based on location information displayed in the app.
- You are responsible for your own safety while navigating. Cerqa's turn-by-turn directions are a convenience feature. Always follow actual road signs and traffic laws.
- You must not use Cerqa's location features to track, monitor, or surveil anyone without their explicit knowledge and consent.
5. Messaging and Content
Cerqa allows you to send messages, photos, and other content ("User Content") to your contacts and groups. You retain ownership of content you create.
By sending User Content through Cerqa, you grant us a limited, non-exclusive license to store and transmit that content solely for the purpose of operating the Service, for example, delivering a message to its recipient or displaying your profile photo.
You are solely responsible for the User Content you send. You agree not to send content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
We do not actively monitor private messages between users. However, we reserve the right to remove content or suspend accounts that are reported and found to violate these Terms.
6. Groups
Group creators are responsible for the activity within their groups. If you create a group, you agree to ensure it is used in compliance with these Terms. You must not use groups to coordinate illegal activity, harass individuals, or distribute prohibited content.
Group members can report content or behavior that violates these Terms. We reserve the right to remove members from groups or dissolve groups that violate these Terms.
7. Prohibited Conduct
You agree not to use Cerqa to:
- Track, monitor, or share the location of any person without their knowledge and explicit consent.
- Harass, bully, threaten, or intimidate other users.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Send spam, unsolicited messages, or automated messages.
- Upload or transmit viruses, malware, or any code designed to disrupt or damage the Service.
- Attempt to gain unauthorized access to other users' accounts or to our systems.
- Reverse engineer, decompile, or otherwise attempt to extract the source code of the app.
- Use the Service for any commercial purpose without our prior written consent.
- Violate any applicable local, national, or international law or regulation.
Violation of these prohibitions may result in immediate account termination and, where appropriate, referral to law enforcement.
8. Intellectual Property
The Cerqa app, website, logo, and all associated content created by us are owned by Cerqa LLC. and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to use our name, logo, or branding without our prior written consent.
You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying software.
9. Third-Party Services
Cerqa integrates third-party services including Mapbox (maps and navigation), AWS (infrastructure), Ably (real-time messaging), Google Places (location search), and Firebase (notifications). Your use of features powered by these services is also subject to their respective terms and privacy policies. We are not responsible for the practices of third-party service providers.
10. Subscriptions
Cerqa Pro is offered as an auto-renewable subscription. Subscriptions are billed through the Apple App Store or Google Play. Your subscription will automatically renew unless cancelled at least 24 hours before the end of the current billing period. You can manage or cancel your subscription in your App Store or Google Play account settings. No refunds are provided for unused portions of a subscription period.
11. Termination
You may stop using Cerqa and delete your account at any time from the Profile screen in the app. Deletion permanently removes your account and associated data.
We reserve the right to suspend or terminate your account, with or without notice, if we determine that you have violated these Terms, if your account poses a risk to other users or to the Service, or if required by law. Upon termination, your right to use the Service ceases immediately.
12. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
We do not warrant the accuracy of location data, navigation directions, or any other information displayed in the app. GPS signals can be imprecise, delayed, or unavailable depending on your device and environment.
Cerqa is not a safety or emergency tool. We expressly disclaim any warranty that the Service can be used to verify someone's location in a safety-critical situation or to summon emergency services.
13. Limitation of Liability
To the fullest extent permitted by law, Cerqa LLC. and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service, including but not limited to loss of data, personal injury, or property damage.
Our total liability to you for any claim arising from these Terms or your use of the Service will not exceed the greater of (a) the amount you paid us in the 12 months prior to the claim, or (b) $100 USD.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above may not apply to you.
14. Governing Law
These Terms are governed by the laws of the State of Arizona, United States, without regard to its conflict of law principles. Any disputes arising from these Terms or the Service will be resolved in the courts located in Maricop, Arizona, and you consent to personal jurisdiction in those courts.