1.1 Our Platform is software that connects licensed security professionals (herein “Guards”) to Clients who seek physical security services (herein “Services) and is customized for Android and iOS mobile devices in addition to desktop computers (herein “Devices).
1.2 Clients and Guards engaging in Services while using the Platform are collectively referred to herein as “Users.” Each User shall create only one User account and may not allow other persons to use their User account. DRSP reserves the right to deactivate, suspend, and/or delete any User account. You agree that you are the sole User of your account. By creating a User account, you warrant and represent that you are 18 years of age at a minimum and are not located in a country subject to a US Government embargo, or that has been designated as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties.
1.4 You may not share or make the Platform available to third parties, sell, rent, lend, lease or otherwise redistribute the Platform.
1.5 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt or attempt to derive the source code of the Platform, or any part thereof.
1.6 The Platform is not tailored to comply with industry-specific regulations. As a Client if you or your jobsite require compliance with industry-specific regulations pertaining to equipment, training, compliance, or etc. you are responsible for indicating such requirements in your Order Form and assume all liability when a Guard violates industry-specific standards as a direct result of you failing to notify us of such requirements.
1.7 Violations of the terms mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
1.8 DRSP takes no accountability or responsibility for any damages caused due to a breach of duties of this Agreement.
1.9 DRSP represents and warrants that DRSP will comply with applicable third-party terms of agreement when using the App. In accordance with the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple, Google, and their subsidiaries shall be third-party beneficiaries of this End-User Agreement and – upon your acceptance of the terms and conditions of this Agreement, both Apple and Google will have the right to enforce this Agreement against you as a third-party beneficiary thereof.
1.10 You acknowledge that, in the event of any third-party claim that your possession and use of the App infringes on the third party’s intellectual property rights, you will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
1.11 If any of the terms of this Agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. Collateral agreements, changes and amendments are only valid if laid down in writing.
1.12 As a Client, you authorize DRSP to deploy a Guard to provide Services to you based on the information you specify within your detailed request for Services (herein “Order Form” in the Platform.
1.13 As a Guard, you authorize DRSP to track your location when clocked in and understand that location services are required to use the App.
2.1 The Platform requires a firmware of Android or iOS 11.0 or higher.
2.2 As a User, you understand that DRSP has no control over Connecteam, Inc.’s technical requirements that may change at any given moment and without notification to DRSP. Users are responsible for monitoring Connecteam, Inc.’s firmware and other technical requirements. You are further responsible for confirming and determining that the device on which you intend to use the Platform satisfies Connecteam, Inc.’s technical requirements.
2.3 DRSP is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Platform and you acknowledge that our Services have no obligation whatsoever to furnish any maintenance and support with respect to the Platform. Instead, Users must contact Connecteam, Inc.’s support team directly via telephone or by the chat widget in the Platform or on Connecteam, Inc.’s website.
2.4 We advise you to maintain a data plan with unlimited or extremely high data usage limits. We are not responsible or liable for any costs, overage charges, or other fees associated with any data plan you use to access the Platform.
2.4.1 Guards will be paid a Communications Allowance when they use their own phone for work-related purposes while on duty or upon the request of a supervisor. The amount of this allowance is subject to change and can be seen in your Offer Letter.
3.1. You consent to us using your information to create your User account that will allow you to use the Platform and participate in Services and agree to provide and maintain current, complete, and accurate information.
3.3 When you create or make available any Contributions, your thereby represent and warrant that:
3.3.1 Absent DRSP’s supervisory employees acting within the scope of the DRSP Employee Handbook, you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every identifiable individual person to enable inclusions and use of your Contribution in any manner contemplated by this Agreement.
3.3.2 You are the creator and owner of or have the necessary licenses, consents, permissions, releases, and rights to use and to authorize the Platform and other Users of the Platform to use your Contributions in any manner contemplated by this Agreement.
3.3.3 The public display, performance, accessing, downloading, creation, transmission, distribution, or copying of your Contributions do not and will not infringe on the patent, trademark, moral right, trade secrets, copyright, privacy or publicity rights, or any proprietary rights of third parties.
3.3.4 They do not include any offensive comments that are connected to race, gender, sexual preference, national origin, or physical disability.
3.3.5 They do not violate any applicable law, regulation or rule, including but not limited to laws concerning child pornography, or otherwise intended to protect the well-being of minors.
3.3.6 They do not mock, intimidate, abuse, disparage, or ridicule anyone, are not used to threaten or promote violence against a specific person or class of people, and are not filthy, harassing, libelous, lewd, lascivious, slanderous, violent, obscene, or otherwise objectionable as determined by us.
3.3.7 They are not unauthorized or unsolicited advertising, mass mailings, spam, promotional materials, chain letters, pyramid schemes, or any other form of solicitation.
3.3.8 They do not otherwise violate, or link material that violates, any provisions of this Agreement of any other applicable regulation or law.
3.4 By posting information to the Platform or making Information accessible to the Platform by linking your account from the Platform to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us as an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt in whole or part, and distribute such Contributions for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, in any media no known or currently not known, such as Contributions, and grant and authorize sublicenses of the foregoing.
3.5 Your information is any information you provide, publish or post to or through the Platform or send to other Users in the Platform. You are solely responsible for your information and interactions with other Users. Subject to the rights granted to us in this Agreement, you are the sole owner of your information and any intellectual or proprietary rights associated with your information. We do not assert any ownership over your Information and are not liable for any statements or representations in your information provided by you in the Platform. You are solely responsible for your information contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Information and contributions.
3.6 With respect to Information and contributions, we have the right, in our sole and absolute discretion, to edit, redact, change, recategorize them to different locations in the Platform, and to prescreen or delete them at any time and for any reason without notice. We have no obligation to monitor your contributions.
4.1 You acknowledge that DRSP or any Services is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including but not limited to product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under privacy, consumer protection, or similar legislation, including in connection with the App’s use of the “tracking your activity” feature. All claims related to the foregoing must be brought to the attention of Connecteam, Inc.
4.2 For general inquiries, questions, or complaints concerning the App or Services, please contact the DRSP Support Team at firstname.lastname@example.org or by calling, texting, or faxing 888-553-DRSP (3777).
4.3 By using our Platform or entering into this Agreement, you agree to receive communications from us at any of the phone numbers provided to us on your behalf or by you, including but not limited to push notifications, text messages, chat messages, e-mails, and phone calls. At minimum, communication via the in-App chat feature is required for our Services. DRSP personnel, its affiliates, or Guards may communicate with you by other means for operational purposes including but not limited to emergency notifications and incident reports. DRSP may communicate with you for promotional or marketing purposes. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL CORRESPONDENCE, REPLY “STOP”.
5.1 As a Client, you understand that Services may be charged to you (herein “Fees) through the payment method(s) you add to your User Profile. Prior to charging any Fees to your payment method, DRSP will send you a quote for the Services before performing Services. You will only be charged the quoted Fees once you approve the quote and after the Services are performed. Fees may vary based on the type of Services you request on the Order Form in the Platform (e.g., armed, unarmed, CPR certification). You are responsible for reviewing the Fees and details of every quote before approving. DRSP reserves the right to determine and modify pricing based on market pay rates, promotions, and rankings.
5.2 Quotes or estimates are subject to change until you approve them and a Service Agreement is signed. If during the Services, you alter the initial Services quoted (e.g., ask the Guard to use their vehicle to conduct a vehicle patrol, request that the Guard work longer hours), additional fees and charges may apply that were not included in the quote.
5.3 Client shall pay DRSP all fees as set forth in the Fee Schedule attached to the Service Agreement for the Services ordered. DRSP will charge your payment method after Services have concluded. Failure by Client to pay all invoices in full shall be deemed to be a material breach of this Agreement and may result in suspension or termination of your access to the Platform.
5.4 You may be charged up to 50% of the quoted Services if you:
5.4.1 Cancel within 24 hours’ notice. This policy is in place to ensure compliance with the California Reporting Time Pay law. You may be exempt from this cancellation fee if you cancelled due to the Guard’s poor performance (e.g., bad behavior, not in uniform, not wearing the equipment you ordered, etc.) however, this must be reported to DRSP and may require evidence in some cases.
5.4.2 Influence or cause our Guard to perform non-security-related services (e.g., making them move furniture).
5.4.3 Intentionally place the Guard in an unsafe workplace environment (e.g., executive protection for a criminal street gang member, ordering an unarmed Guard to work in a dangerous area or perform functions that would normally require armed Services). DRSP reserves the right to suspend or terminate your use of the Platform immediately and without notice for this violation.
5.5 As a client, you may request the Guard to use a personal vehicle, if available, to conduct vehicle patrols. A mileage fee will apply. To be eligible for vehicle patrols, Guards must submit photos of their vehicles showing that they are in legal and operable condition, and a scan of their current and valid driver’s license, insurance card, and registration. DRSP only reviews these photos and documents and will suspend a Guard’s patrol eligibility upon expiration of any document. DRSP does not insure Guards’ personal vehicles and does not assume any responsibility or liability for any accidents or property damage related to the Guard’s vehicle.
5.6 During or following the Services, you may elect to tip the Guard through the Platform on the final invoice or in cash.
5.7 All charges and fees are facilitated through a third-party payment processor. We may replace this processor at any time and without notice to you. Cash payments are strictly prohibited except for tips. All charges and fees are non-refundable.
CLIENT ACKNOWLEDGES AND AGREES ON BEHALF OF ITSELF, ITS AGENTS, INSURERS, ASSIGNS, AND SUCCESSORS IN INTEREST THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES, IF ANY, WHICH MAY PROXIMATELY RESULT FROM THE DRSP’S NEGLIGENCE OR THE DRSP’S FAILURE TO PERFORM ANY OBLIGATIONS WITH RESULTING LOSS TO THE CLIENT OR TO OTHERS ON CLIENT’S PREMISE BECAUSE OF, AMONG OTHER THINGS:
i. The uncertain amount of value of Client’s property or the property of others kept on the Premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences that the services are designed to detect or avert;
ii. The inability to ascertain what portion, if any, of any property loss, personal injury, or death might proximately be caused by DRSP’s failure to perform; or
iii. The nature of the service to be performed by the DRSP or Client’s Alarm Company.
Accordingly, if DRSP should be found liable for loss or damage due to (i) DRSP’s negligence, or (ii) failure of DRSP’s services in any respect whatsoever, DRSP’s liability shall be limited to $250.00 as liquidated damages and not as a penalty. This liability shall be exclusive. The provisions of this section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the obligations imposed by this Agreement, or from negligence, active, passive or otherwise, of DRSP, its agents, servants, assigns, independent contractors or employees. Under no circumstances shall DRSP be liable to any person or entity for incidental, consequential or special damages, including but not limited to, lost profits, loss of use or replacement costs.
There are no third party beneficiaries of this Agreement. DRSP’s only duty is to Client. Client shall indemnify, defend and hold harmless DRSP, its officers, directors, shareholders, employees, independent contractors, agents, assigns and successors in interests from and against all claims brought by any parties, including Client, other than the parties to this Agreement. This provision shall apply to all claims regardless of cause, including DRSP’s performance or failure to perform or any other service, whether based upon active or passive negligence, contribution, breach of contract, warranty, or strict or product liability on the part of DRSP or its employees, independent contractors, agents and/or joint venturers. This provision shall not apply to claims for loss or damage that occur while DRSP’s response officer is on or about Client’s premises and are solely and directly caused by DRSP’s response officer. Notwithstanding the foregoing, DRSP’s liability under this paragraph shall not exceed DRSP’s available insurance policy limits.
8.1 This Agreement is effective upon your acceptance of this Agreement and may be terminated by you with seven (7) days written notice to DRSP or by DRSP with or without cause or notice.
8.2 As a Guard, you are an employee of DRSP and DRSP will follow our disciplinary process in our Employee Handbook and employment laws regarding suspension, cancelling your account, or termination of employment.
9.1 DRSP DOES NOT REPRESENT OR WARRANT THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT WILL PREVENT OR MINIMIZE ANY LOSS BY INTRUSION, BURGLARY, HOLD-UP, FIRE OR OTHERWISE; OR THAT THE SERVICES WILL IN ALL CASES PROVIDE THE PROTECTION FOR WHICH THEY ARE INTENDED. DRSP’S GUARDS DO NOT HAVE SPECIAL ARREST OR LAW ENFORCEMENT POWERS AND MAY ONLY ACT AS SECURITY GUARDS. DRSP HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO THE EFFECTIVENESS OF THE SERVICES, NOR HAS CLIENT RELIED ON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. ANY AFFIRMATION OF FACT OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY. THERE ARE NO WARRANTIES EXTENDED WITH RESPECT TO THE SERVICES PROVIDED. DRSP IS NOT AN INSURER. CLIENT ASSUMES ALL RISK OF LOSS, DAMAGE OR INJURY. IF CLIENT’S PROPERTY IS LOCKED, GUARDED OR FENCED, DRSP HAS NO RESPONSIBILITY WHATSOEVER TO ATTEMPT TO ENTER THE PROPERTY. DRSP SHALL NOT BE OBLIGATED OR REQUIRED TO ENTER ANY PORTION OF CLIENT’S PROPERTY IN WHICH DANGEROUS ANIMALS, PEOPLE OR OTHER CONDITIONS, AS ANY SUCH CONDITION MAY BE REASONABLY DETERMINED BY DRSP IN ITS SOLE AND ABSOLUTE DETERMINATION, MAY BE LOCATED.
9.2 We disclaim liability for, and no warranty is made with regarding connectivity and availability of the platform or Services, or that the Platform is free of harmful components.
9.3 We do not warrant that the platform or Services will be reliable, current, uninterrupted, complete, accurate, error-free, always available, or will meet your requirements.
9.4 Although Guards are employed by DRSP, Guards do not check in with a supervisor in-person prior to working a job, Therefore, we cannot guarantee that each Guard is who he or she claims to be. You are responsible for comparing the User to their account profile photograph. You agree to notify DRSP immediately if you suspect fraudulent activity.
9.5 Location data is for basic location purposes and to track the location of Guards while they are clocked in. It is not intended to be relied upon in situations where a precise location is needed to prevent death, personal injury, environmental or property damage. Geolocation you provide, upload, or post on the Platform may be used by DRSP or Guards to perform Services. We do not guarantee the accuracy, completeness, availability, timeliness, or reliability of location data.
DRSP has advised Client and Client specifically acknowledge that it should have in place and continue during the duration of this Agreement a policy of fire, theft and liability Insurance in sufficient sums to protect against personal liability and property loss from all sources to cover Clients possible losses and that this determination should be made by Client in consultation with Client’s selected insurance carrier and/or counsel. Client understands and agrees that DRSP is not an insurance company and its services should not be relied upon in place of a or multiple proper insurance policies. Further, Client acknowledges that payments it makes to DRSP under this Agreement or any Addenda to it are based solely on the value of the service to be provided and are unrelated to the value of Client’s property or the property of others located on the Client’s premises.
DRSP shall under no circumstance be liable for any delay in providing the services under this Agreement or for the consequences of any delay, regardless of cause or origin. Specifically by way of example, but not exclusively, DRSP shall not be liable for any interruption of service or the consequences therefrom due to strikes, riots, floods, storms, earthquakes, fire, power failures, insurrection, acts of God or nature, terrorist attack or activity, war (declared or undeclared), military action, pandemic, interruption or unavailability of telephone, cable, radio, cellular or other transmission services, unavailability or scarcity of fuel, or for any other cause, beyond the control of DRSP. DRSP will not be required to provide services to Client during these periods, and its performance during any such period shall be excused. DRSP may suspend or cancel this Agreement immediately without notice if DRSP’s personnel or equipment, including patrol vehicles, or Client’s premises are so debilitated by a common catastrophe or pandemic, are destroyed by fire or other catastrophe, or are so substantially damaged that it is impractical to continue service(s); or if DRSP is unable to render service as a result of any action by any government authority or any authority having jurisdiction.
Client may not assign this Agreement to any other party without the express prior written consent of DRSP. DRSP shall have the right to assign, sell or transfer this Agreement or its rights or responsibilities hereunder to any person or entity without notice to or the consent of the Client so long as that person or entity is duly and properly licensed to perform the services contained in this Agreement.
If any term, covenant, condition, or provision of this Agreement or any part of any term, covenant, condition, or provision shall finally be determined to be invalid, void, or unenforceable, the provision or part of the provision shall be deemed to be severed from this Agreement, and every other provision or part thereof of this Agreement shall remain in full force and effect. In the event of partial invalidity, the parties shall seek in good faith to agree on replacing any legally invalid provisions with valid provisions or portions thereof, which most nearly and fairly approach the effect of the invalid provision and the intent of the parties in entering into this Agreement.
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This Agreement is the entire and only agreement between DRSP and Client. It replaces any and all earlier oral or written understandings or agreements. If any portion or provision of this Agreement is found to be invalid or illegal by a court, the balance of the Agreement shall remain in force. Client agrees that this Agreement shall be governed by the internal laws of the State of California, and not the laws pertaining to conflicts or choice of laws.
The various captions and titles of the paragraphs and sections of this Agreement are for convenience of reference only and shall have no force or effect in the interpretation or construction of this Agreement. Wherever the context requires in this Agreement, the neuter shall include the masculine or feminine gender, and the singular shall include the plural. Each of the terms of this Agreement is a condition to be faithfully and fully performed. If any claim is made relating to a conflict, omission, or ambiguity in this Agreement, no presumption or burden of proof or persuasion shall be implied because this Agreement was prepared by or at the request of a party or its counsel. No provision of this Agreement shall be interpreted for or against either party because that party or that party’s counsel drafted the provision.
17.1 You agree not to store any User information obtained from the Platform outside of or separate from the Platform or disclose or permit the disclosure of any confidential information to third parties. Confidential information includes but is not limited to a User’s name, work or home address, medical information, and contact information.
17.2 You agree not to use any intellectual property, financial, strategic, technical, or other confidential or proprietary information pertaining to DRSP’s properties, operations, or business.
17.3 As a User, you understand that some User information you may receive may be protected by state or federal confidentiality laws, including but not limited to the Health Information Portability and Accountability Act (HIPAA). Failing to abide by this term may result in violation of certain confidentiality laws and civil lawsuits against you.
17.4 If you know or have a relationship with a Guard or Client, you agree not to disclose their identity or location of that User to anyone. You may request a different job or Guard in this event.
DRSP is a licensed Private Patrol Operator with the State of California Bureau of Security and Investigative Services, Department of Consumer Affairs. DRSP will maintain its license to perform Services. To obtain a copy of our Certificate of Insurance or licenses, please contact our Support Team.
The business relationship between DRSP and Client and/or this employment contract between DRSP and Guard becomes effective upon your acceptance of this Agreement. Guards, Clients, and DRSP are collectively referred to as “Parties” herein. The Parties herein recognize disputes and differences may arise between the Parties and recognize that litigation in court can be time consuming and expensive and whereas the Parties agree it is in their best interest to appoint an arbitrator to resolve such disputes as they arise. It is agreed between the Parties hereto as follows:
The Parties hereto agree to refer the following matters and responsibilities to the Arbitrator:
To resolve all disputes and differences under the original contract
To review the terms of the contract to determine the amount payable by one Party to the other, if any
To make provisions to the payment of debts and liabilities of the business including income tax liabilities
In the event there are any disputes or controversies that arise between the Parties pursuant to the terms of the aforesaid contract, then the Parties are waiving their right to litigate these issues in court and elect to have these disputes resolved through binding arbitration in the State of California.
The Parties agree that any disputes are to be arbitrated through the American Arbitration Association and that the Parties agree to abide by the rules of the Commercial Arbitration Rules of the American Arbitration Association.
Any decision or award as a result of any such arbitration shall be issued in writing and the arbitrator shall be mutually selected pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
Any arbitration award may be confirmed in a court of competent jurisdiction.
TERMS AND CONDITIONS LAST UPDATED SEPTEMBER 19, 2022
DRS Protect, Inc.
1260 Nimitz Ave., Bldg. 670, Vallejo, CA 94592
Copyright © 2023 DRS Protect, Inc. - All Rights Reserved.
Private Patrol Operator License #120927