Terms of Service
- Agreement
- Eligibility and accounts
- The Service
- Not an emergency service
- Acceptable use
- Receiver sites and hosts
- Subscriptions, billing, discounts and refunds
- SMS terms
- Content and intellectual property
- Support
- Unlawful use and law enforcement
- Termination
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Governing law
- Changes to these terms
- Contact
1. Agreement
These Terms of Service ("Terms") are a binding agreement between you and Code 3 Software, LLC ("the Company," "we," "us," or "our") governing your use of ActionPage Media: the mobile application, the website at actionpagemedia.com, and the account, streaming and alerting servers behind them (together, the "Service"). By creating an account or using the Service you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.
If you download the app from the Apple App Store, Apple's standard end-user license terms also apply, and Apple is not responsible for the Service or for any claim relating to it.
2. Eligibility and accounts
- You must be at least 18 years old to create an account. By creating an account you confirm that you are; we do not ask for proof of age, and we will delete any account we learn belongs to someone under 18.
- Accounts are created on our website. You must provide accurate information and keep it current.
- You are responsible for keeping your password confidential and for all activity under your account. Tell us immediately at support@code3software.com if you believe your account has been compromised.
- One account per email address. You may not share your account or let anyone else use it.
3. The Service
ActionPage Media receives public-safety radio transmissions using equipment we operate, records and transcribes them, and makes them available to subscribers as live audio, playback, transcripts and alerts. Coverage, channels and features vary by region and change over time.
No guarantee of availability. Radio reception, internet routing, hosting and hardware can fail, and agencies change their systems, move to encryption or alter their operations without notice. We do not guarantee that any channel, feed, alert or feature will be available at any particular time or at all. We will use commercially reasonable efforts to keep the Service running, but outages can and will occur.
Right to change the Service. We may add, change, mute or remove any channel, feed, feature or content at any time, for any reason, without notice or liability. Removing a channel or feature is not a basis for a refund.
Transcripts and alerts are automated. Transcripts are generated by speech-to-text software and may be wrong, incomplete or delayed. Tone, phrase and keyword alerts depend on automated detection and can miss events or fire in error. You must not rely on them for anything where a missed or late alert could cause harm.
Notifications. Alerts and notices reach your phone through Apple's and other providers' notification services, your device's settings, and your network. Those services do not guarantee delivery, and a notification may arrive late, arrive silently, or not arrive at all — for example when notifications are turned off, a Focus or Do Not Disturb mode is on, the app has been removed, or the phone has no signal. We do not control those services and are not responsible for notifications they delay or do not deliver.
Service notices and product news. We send service notices (such as maintenance, outages, and changes to channels or your account) to every account; they are part of the Service. Product news (such as new features and offers) is sent as a notification only if you turn on "Receive push notifications about news and new features," and by email only if you agree to news emails. You can turn either off at any time in Settings. Product news is never sent by text message.
4. Not an emergency service
ActionPage Media is provided for informational and situational-awareness purposes only. It is not an emergency dispatch system, a paging system of record, a certified life-safety device, or a substitute for official agency communications. It must never be relied on as the primary means of receiving a dispatch, an emergency alert, or any time-critical information.
First responders must rely on their department's official dispatch and paging systems, radios, mobile data terminals and authorized channels. Members of the public must rely on official emergency services and 911. If you have an emergency, call 911.
5. Acceptable use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- use the Service to commit or facilitate a crime, evade law enforcement, monitor tactical operations for an unlawful purpose, interfere with emergency operations, or harass anyone;
- rebroadcast, restream, record for redistribution, publish, sell or otherwise make the Service's audio, transcripts or alerts available to people who are not subscribers, or embed the Service in another product, without our written permission;
- access the Service by any means other than the app and website we provide, including scraping, automated clients or reverse-engineered APIs, or attempt to circumvent access controls or rate limits;
- copy, modify, decompile, reverse-engineer or create derivative works of the app or any part of the Service, except where the law expressly permits;
- attempt to identify, locate, visit, contact or interfere with any receiver site or the people who host one (see Section 6);
- impersonate anyone, misrepresent your affiliation with an agency, or use the Service to make decisions about a person's employment, credit, insurance, housing or other legal rights;
- introduce malware, overload our systems, or otherwise disrupt the Service or other users.
6. Receiver sites and hosts
The Service depends on receiving equipment placed at locations we do not disclose, some hosted by private individuals. To protect those hosts and the integrity of the network, the physical locations, identifiers and hosting arrangements of all receiver sites are confidential. We will not disclose them, and you agree not to attempt to identify, locate, visit or contact any receiver site or site host, or to encourage anyone else to. A violation of this section is a material breach and will result in immediate, permanent termination of your account without refund, in addition to any other remedies available to us.
7. Subscriptions, billing, discounts and refunds
- Plans. Paid features are offered on the subscription plans shown on our website. A plan may be offered on monthly, three-month, six-month or yearly terms; not every plan is offered on every term. Prices and plan contents may change; changes take effect at your next renewal after we notify you.
- Billing. Subscriptions are purchased on our website only and are billed by our payment processor to the payment method you provide. They renew automatically at the end of each term, at the price then in effect, until you cancel. The price, the term and the fact that the plan renews automatically are shown before you pay. Charges are made at the end of the day, U.S. Eastern Time, on the billing date. The mobile app does not sell subscriptions.
- Free trials. Where a trial is offered, a payment method is required to start it, and your first charge is made when the trial ends unless you cancel before then. Each account may have one free trial of a paid plan.
- Upgrades. Moving to a higher-priced plan or a longer term takes effect immediately: you are charged for the new plan at once, with a credit for the unused part of your current plan, and your renewal date moves to the day of the upgrade.
- Declined payments. If a renewal payment is declined, we will notify you and your plan keeps working for 48 hours so you can update your payment method. We then try the payment again. If it is declined again, your paid features are paused and your account uses the features of the Free plan until the payment goes through; your plan then resumes and your next renewal date moves later by the time it was paused, so you are not charged for that time. You may instead switch to the Free plan, in which case the unpaid amount is cancelled.
- Promo codes and discounts. Each code carries its own offer and conditions, which may limit it to new or existing customers, to particular plans or terms, to a number of uses, to one use per account, or to an end date. A discount applied to an existing subscription takes effect at your next bill. Only one discount applies to a subscription at a time, although a code for extra trial days may be used alongside a discount code. Codes and discounts have no cash value, may not be sold or transferred, and may be changed or withdrawn at any time; a code obtained or used in breach of these Terms may be cancelled.
- Referral codes. When a new customer uses a referral code, they name the existing customer who referred them. The referrer's reward is given only after the new customer's first successful payment, and only within the code's limits, including a limit on the number of rewards one person can earn in twelve months. No reward is given for referring yourself or an account connected to you. Rewards (such as account credit, free time or a discount) have no cash value and may not be transferred.
- First responder offers. Some offers are available only to verified first responders. We verify first responders from the employer and position you give us; a verification may carry an expiry date and may be withdrawn. If you use a first responder code before you are verified, it is held and applied to your next bill once you are. When a verification ends or is withdrawn, the first responder discount comes off at your next bill. Misrepresenting your affiliation with an agency is a breach of Section 5.
- Organizations. Some plans are provided by an organization, such as a department or agency, that pays us by invoice. Access through such a plan depends on the organization's plan remaining active and paid; when it ends, your account moves to the Free plan. An organization may give us a list of its members who are offered a particular plan or price. If you pay for your own subscription to an organization's plan, that subscription ends when the organization's plan ends, and the final charge is prorated to that date.
- Cancellation. You can cancel at any time in your account settings. Cancellation takes effect at the end of the current billing period; you keep access until then.
- Refunds. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial periods, unused time, or channels or features that become unavailable.
- Taxes. Prices exclude sales tax unless stated. We collect sales tax where we are required to, based on your billing address. If you are exempt from sales tax, contact support with a valid exemption certificate; an exemption covers only the account holder named on it.
8. SMS terms — ActionPage Media Account Notifications
These terms apply to the account text-message program offered by ActionPage Media, a service of Code 3 Software, LLC.
- Program description. ActionPage Media Account Notifications sends text messages about your account to the mobile number you add and verify: verification codes, password-reset codes you request, service maintenance or outage notices, and subscription and billing notices. We do not send marketing or promotional text messages. Dispatch alerts are delivered by push notification, not by text.
- Opt-in. You opt in by adding your mobile number in Settings → Profile and verifying it with the code we send. By adding and verifying a phone number you agree to receive automated account text messages from ActionPage Media at that number. Verification and password-reset codes you request are sent while your number is opted in; service and billing notices are sent only while the "Text me service and billing notices" setting is on. Consent is not a condition of purchasing any product or service.
- Message frequency. Message frequency varies.
- Message and data rates may apply. Your mobile carrier's standard messaging and data charges apply to messages you receive.
- Opt-out. Reply STOP to any message to cancel all texts from us. You will receive a one-time confirmation and no further messages, including verification and password-reset codes. When we receive a STOP we mark your number as opted out and stop sending to it. A password-reset link you ask for while your number is opted out is sent to your email address instead. To stop only service and billing notices, turn off "Text me service and billing notices" in Settings → Profile.
- Opt back in. Text START to the number that sent the message. Texts resume, and the "Text me service and billing notices" setting is turned back on.
- Help. Reply HELP to any message for help, or contact support@code3software.com.
- Privacy. Mobile numbers and consent collected for this program are used only to operate it and are not shared with third parties or affiliates for marketing purposes. See our Privacy Policy.
- Carriers. Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission from your carrier and is not guaranteed.
- Number changes. If you change or give up your mobile number, update Settings → Profile so messages are not sent to a number you no longer control.
9. Content and intellectual property
Our content. The app, website, software, design, trademarks, and all audio, transcripts, metadata and other content delivered through the Service are owned by or licensed to the Company and are protected by copyright, trademark and other laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the app and access the Service for your own non-commercial use. No other rights are granted.
Content you submit. If you send us any material — including audio, video, photographs, recordings, tone definitions, channel information, feedback or suggestions — you grant the Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, edit, adapt, publish, distribute, display and create derivative works from it, in any medium and for any purpose, without compensation or attribution. You represent that you have the right to grant this license and that the material does not infringe anyone else's rights or privacy. We are not obligated to use, keep or return anything you submit.
10. Support
Support requests, outage reports, channel-down reports, billing questions and all other inquiries must be sent only through our designated support channels: support@code3software.com or the support tools in the app and on our website. These are the only channels we monitor and respond to.
No direct contact. You may not contact the Company's owners, staff, contractors or receiver-site hosts about the Service through personal phone numbers, personal email, social media, private messaging or in person. This rule exists to protect the privacy of the people who host our equipment and the confidentiality of our receiver sites. Contacting anyone outside the designated support channels is a material breach of these Terms and will result in immediate, permanent termination of your account without refund.
11. Unlawful use and law enforcement
We have zero tolerance for criminal use of the Service. If we discover or reasonably suspect that the Service is being used to violate any local, state or federal law, we may immediately terminate the account without notice or refund and may report the activity to the appropriate authorities. We will cooperate fully with lawful subpoenas, court orders, warrants and law-enforcement investigations, which may include providing account details, access logs, IP addresses and communication records as permitted by law and described in our Privacy Policy.
12. Termination
You may stop using the Service and delete your account at any time in your account settings; deletion takes effect after a 30-day grace period, during which signing in cancels it (see the Privacy Policy). We may suspend or terminate your access at any time if you breach these Terms, if required by law, or if we discontinue the Service. On termination your license to use the app ends, any unpaid amounts become due, and no refund is owed. We may keep a record of terminated accounts to enforce the termination. Sections that by their nature should survive termination (including Sections 4, 6, 9, 10 and 13–16) survive.
13. Disclaimer of warranties
THE SERVICE, INCLUDING ALL AUDIO, TRANSCRIPTS, ALERTS AND OTHER CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AVAILABILITY, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU USE THE SERVICE AT YOUR OWN RISK. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CODE 3 SOFTWARE, LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, INCLUDING DAMAGES RESULTING FROM A MISSED, LATE, INACCURATE OR ERRONEOUS ALERT OR TRANSCRIPT, A DROPPED OR UNAVAILABLE FEED, DELAYED EMERGENCY RESPONSE, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR FIFTY U.S. DOLLARS ($50), WHICHEVER IS GREATER. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
15. Indemnification
You agree to defend, indemnify and hold harmless the Company and its members, managers, employees, contractors and agents from any claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or the rights of any third party.
16. Governing law and disputes
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law rules. Any legal action arising out of or relating to these Terms or the Service must be brought exclusively in the state or federal courts located in Massachusetts, and you consent to the personal jurisdiction of those courts. If any provision of these Terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it.
17. Changes to these terms
We may update these Terms from time to time. When we do, we will change the effective date at the top of this page and, for material changes, notify you by email or an in-app notice before the change takes effect. Continued use of the Service after the effective date means you accept the updated Terms.
18. Contact
Code 3 Software, LLC
ActionPage Media
Email: support@code3software.com