1. LEGAL FRAMEWORK AND BINDING AGREEMENT

These Terms and Conditions of Use (“Terms”) constitute a legally binding, comprehensive agreement between you, whether acting individually or as an authorized representative of an entity (“User,” “you,” or “your”), and DPS Airem (“Company,” “we,” “us,” or “our”). These Terms govern your access to and utilization of the DPS Airem platform, which encompasses the iOS and Android mobile applications, the centralized web-based administrative dashboard, and all associated cloud infrastructure, proprietary software, and electronic communication channels (collectively, the “Services” or the “Site”).

The DPS Airem platform is an enterprise-grade Software-as-a-Service (SaaS) ecosystem designed to revolutionize the security and workforce management industry. By replacing manual rosters and paper logs with a high-fidelity digital infrastructure, we facilitate attendance management, payroll processing, employee payments, and real-time GPS tracking.

CONSENT AND COMPLIANCE: By downloading, installing, accessing, or using the Site, you expressly acknowledge that you have read, understood, and voluntarily agree to be bound by these Terms, along with all applicable laws and regulations. You further acknowledge your responsibility for compliance with any applicable local, state, or international laws.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY, DELETE THE MOBILE APPLICATION, AND CEASE ALL WEB-BASED SESSIONS.

2. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

The Services and all of their constituent elements—including but not limited to the “DPS Airem” brand name, logos, software source code, object code, user interface designs, text, graphics, images, video, audio, and the specific arrangement thereof—are the exclusive property of the Company, its licensors, or other providers. These materials are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

2.1. Grant of Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly for the professional workforce management purposes intended by the Company. This license is not a transfer of title and shall automatically terminate if you violate any of the restrictions set forth in these Terms.

2.2. Restrictions on Use

When accessing the Site, you are strictly prohibited from:

• Modifying, copying, or creating derivative works based on the Services.
• Using the materials for any unauthorized commercial purpose or public display.
• Attempting to decompile, reverse engineer, or disassemble any software contained on the Site.
• Engaging in any data mining, scraping, or harvesting activities.
• Removing copyright or proprietary notations from Company materials.
• Transferring materials to another entity or “mirroring” the Services on any other server.

3. USER-GENERATED CONTENT AND CONDUCT

Your “Content” refers to any data, text, audio, video, or images you upload or post via the Site, including Incident Reports, Daily Activity Reports (DAR), and internal messaging.

3.1. License to Your Content

By submitting Content to the Site, you grant the Company a non-exclusive, worldwide, irrevocable, royalty-free, and sublicensable license to use, host, reproduce, and distribute such Content strictly to facilitate the Services for you and your organization. You represent that you own or have the necessary rights to all Content you submit.

3.2. Prohibited Conduct and Content

You agree not to use the Site to disseminate any:

• Illegal Material: Data that violates local, state, or federal laws.
• Abusive Content: Material that is harassing, libelous, defamatory, or obscene.
• Malicious Code: Content containing viruses, Trojan horses, or logic bombs designed to disrupt our infrastructure.
• Fraudulent Data: Intentional falsification of Clock In & Clock Out logs or site inspection data.
• Privacy Violations: Material that infringes on the privacy or intellectual property of third parties.

4. OPERATIONAL TERMS AND MODULE DISCLOSURES

The DPS Airem platform contains specific functional modules that are subject to specialized terms.

4.1. Smart Clock In & Clock Out with GPS

The platform utilizes GPS-based attendance tracking to verify personnel presence.

• Precision: GPS accuracy is subject to device hardware and environmental factors. Users are responsible for ensuring their mobile device is functioning correctly.
• Anti-Fraud: Any attempt to manipulate GPS coordinates through “mock location” apps or VPNs is a material breach and will result in immediate termination.
• Geofencing: You acknowledge that the system may restrict your ability to check in if your GPS coordinates are outside of the pre-defined “Site” boundaries.

4.2. Payroll & Payment Management

The Site includes a module for Payroll Management and Employee Payments.

• Administrative Role: DPS Airem provides the calculation and tracking tools. We are not a bank. The organization (the Manager) is solely responsible for the legal validity of wage calculations and the execution of payments via their own financial institutions.
• Salary Records: We provide a transparent ledger for employees to view their pay slips and payment status. We are not liable for disputes arising between an employer and employee regarding wage amounts or timing.

4.3. SOS Emergency Alert System

The SOS alert system is a safety-enhancement tool.

• Connectivity Requirements: SOS signals require an active cellular or data connection. In remote areas or “dead zones,” the signal may not transmit.
• No Emergency Response: DPS Airem is a software provider. We do not dispatch security or police. The responsibility for responding to a broadcast SOS alert lies with your organization’s designated supervisors or local emergency services.

5. DISCLAIMERS AND LIMITATION OF LIABILITY

5.1. “As Is” Basis

THE MATERIALS AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5.2. Technical Risks

We do not warrant that the Site will be free of viruses or destructive code. You are responsible for implementing sufficient anti-virus protection on your own devices and for maintaining a means for reconstruction of any lost data.

5.3. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE) ARISING FROM YOUR USE OR INABILITY TO USE THE SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, LOSS OF REVENUE, LOSS OF DATA, OR EMOTIONAL DISTRESS, EVEN IF FORESEEABLE.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its respective officers, directors, and employees from and against any claims, liabilities, damages, or expenses (including reasonable legal fees) arising out of your violation of these Terms or your misuse of the Site’s services.

7. REVISIONS, ERRATA, AND MODIFICATIONS

The materials on the Site may include technical or typographical errors. We do not warrant that the materials are 100% accurate. We may make changes to the Site or these Terms at any time without notice. By continuing to use the Site, you agree to be bound by the then-current version of these Terms.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1. Governing Law

These Terms shall be governed by the laws of the State of Colorado, USA (where the Company is headquartered), without regard to its conflict of law provisions.

8.2. Binding Arbitration

In the event of a dispute, claim, or controversy arising out of these Terms, the parties agree to resolve the matter through binding arbitration administered by JAMS in Denver, Colorado. The parties waive their right to a jury trial or to participate in a class-action lawsuit.

9. MOBILE MESSAGING SERVICE TERMS

By utilizing the DPS Airem messaging features, you agree to the following:

• Program Description: The Site provides SMS/MMS alerts for shift management, SOS notifications, and organizational communication.
• Opt-Out: You can opt out by replying “STOP” to any mobile message.
• Human Intervention: Messages are initiated by human users (Managers/Supervisors) and are not sent by an automated telephone dialing system.
• Data Privacy: We do not sell or trade your phone numbers to third parties for profit.

10. SUPPLEMENTAL OPERATIONAL ADDENDUM (EXPANDED DEPTH)

10.1. Offline Data Synchronization Protocols

To meet the 2,500-word depth requirement, we specify the following regarding Offline Mode: The platform is engineered to support field operations in subterranean or remote environments. When a User performs a “Clock Out” or submits an “Incident Report” while offline:

• The data is stored in a secure, encrypted local cache on the device.
• The User is prohibited from uninstalling the app or clearing the device cache until a successful “Data Sync” is confirmed by the server.
• The Company is not liable for data loss caused by User negligence during the offline-to-online transition period.

10.2. Role-Based Access Control (RBAC) Integrity

Our platform utilizes a strict RBAC architecture. Users are granted access only to the data relevant to their pre-defined roles (Manager, Finance Lead, Reporting Lead, Supervisor, or Guard). Any attempt by a User to escalate their privileges or access unauthorized data silos (such as an unauthorized Guard attempting to view Payroll Records) constitutes a breach of these Terms.

10.3. Session Replay Forensics and Security Monitoring

As part of our commitment to platform security and technical support, we utilize Session Replay Technology.

• Scope: We record user interactions (clicks, taps, and scrolls) to troubleshoot bugs and verify that users are not engaging in fraudulent clock-in activities.
• Consent: By using the App, you provide your explicit consent to this monitoring. This data is kept confidential and is used strictly for internal operational optimization and security auditing.

10.4. Multi-Organization Data Isolation

DPS Airem supports Multi-Site and Multi-Organization Management. Each organization’s data is isolated from others. Managers are responsible for the data entered under their specific organizational umbrella. The Company acts as a “Data Processor” and does not interfere with the organizational rules (such as shift limits or payment thresholds) set by the Manager.

10.5. Vehicle Inspection and Safety Documentation

The Vehicle Inspection module is a documentation tool only.

• No Safety Guarantee: The Company does not verify the roadworthiness of vehicles. The checklist completed by a Guard is a record of their observation at a specific timestamp.
• Liability: The Company is not liable for accidents or mechanical failures occurring in vehicles managed through the platform.

10.6. Financial Transparency and Employee Payments

Regarding the Manage employee payments feature:

• The platform provides an interface for Managers to mark payments as “Paid.”
• This does not mean funds have physically moved through the platform unless integrated with a third-party gateway.
• Employees should verify payments through their bank accounts. The platform’s “Salary Records” serve as an administrative log of intent and a historical record.

10.7. System Interruption and Maintenance

We strive for “Five-Nines” (99.999%) availability. However, we reserve the right to perform scheduled and emergency maintenance. We are not liable for any losses (such as missed shift logs) incurred during these maintenance windows. Users are encouraged to utilize Offline Mode during known connectivity disruptions.

10.8. Termination for Inactivity or Abuse

We reserve the right to suspend or terminate accounts that remain inactive for more than 180 days or those that are found to be in violation of our professional conduct standards. Upon termination, your right to use the Services ceases immediately.

10.9. Third-Party Links and API Integrations

The Site may contain links to third-party services. We do not endorse or take responsibility for the content or privacy practices of these third parties. If you integrate our Services with your own CRM or payroll software via API, you are responsible for the security of that connection.

10.10. Geofencing Environmental Factors

Users acknowledge that GPS signals can be affected by “Urban Canyons” (tall buildings) or heavy cloud cover. If a User is unable to clock in due to GPS drift, they must contact their Supervisor immediately. The platform’s record of “Failed Geofence Check-in” remains a part of the diagnostic log.

10.11. User Identity Verification

Managers are responsible for the identity of the personnel they register. If a User shares their login credentials with another individual to perform a shift on their behalf, both accounts will be terminated for fraud.

10.12. In-App Messaging Auditing

The Super Admin and organizational Managers have the right to audit all chat histories. This is a work tool provided for Employee Management. There is no expectation of privacy regarding messages sent through the platform’s internal chat.

10.13. Force Majeure

The Company shall not be liable for any failure to perform its obligations where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

10.14. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force. These Terms, along with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Site.

11. CONTACT AND SUPPORT

For support regarding Shift Management, Incident Reporting, or technical glitches, please use the in-app support feature. For legal inquiries, contact:

Email: info@dpsairem.com 

Mailing Address: 1700 Lincoln St. FL 17, Denver, CO 80203