Last updated: February 25th, 2025
1. Acceptance. Please carefully read the representations, warranties, conditions, covenants and agreements set forth below in this end user license agreement (the "Agreement") as they contain the legal terms that govern Your use of 10-21 Police Phone (“10-21”) service known as "Services" and the App (as defined below). This Agreement is a binding contract between you ("You", "Your" or the "User") and Motorola Solutions, Inc. and its affiliated companies (“Motorola”) and it explains Your rights and obligations when You use the App and Services. In this Agreement "App" means the software application distributed by Motorola for use on Your Device (as defined below) in order to access the Services, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof; and "Device" means a mobile phone, smartphone, handset, tablet, laptops, or other devices enabled for internet access and/or communication including web applications running under browsers and applications running under Android and iOS operating systems. If the App and Services are being provided to you by a law enforcement agency under the terms of an agreement between Motorola and such agency, then the terms of that agreement, rather than the Agreement, apply to Your use of the App and Services.
2. BY AGREEING TO THESE TERMS OF USE, AND PRIVACY STATEMENT AS PART OF THE INSTALLATION PROCESS FOR THE APP, YOU ACKNOWLEDGE, ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT IN CONNECTION WITH YOUR USE OF BOTH THE APP AND THE SERVICES. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU SHALL REFLECT THAT BY UNINSTALLING THE APP AND YOU WILL NOT HAVE ACCESS TO THE APP OR THE SERVICES.
3. Modification. Motorola reserves the right to change the terms of this Agreement at any time by publishing the revised Agreement on the 10-21 website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button (if this option is made available). Your express acceptance or Your continued use of the Services and App after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms of use of the revised Agreement. You can find the latest version of this Agreement at https://app.10-21.com/terms/phone/.
4. (a) Downloading of the App, use of the Services and registration for an account to use the Services ("Your Account") is void where prohibited by law. You must not be under 18 years of age to use the Services (including, but not limited to, registering for an account). By registering for the Services, You represent and warrant that You are not a minor and that You have the capacity to enter, understand, agree to and comply with this Agreement. You represent and warrant that You are employed by a Law Enforcement Agency. Your Account may be deleted and Your access to the Services may be terminated without warning if Motorola believes that You or Your Account is not in compliance with this Section (a) or any other provision of this Agreement.
5. Your access to, and use of, the Services may involve the collection, use and disclosure to or by Motorola, as the case may be, of Your personal information, device information, information regarding your use of the Services, and other information collected in accordance with Motorola’s Privacy Statement (as defined below) (collectively, "Your Personal Information"), and by agreeing to this Agreement You consent to Motorola's collecting, using or disclosing Your Information in accordance with Motorola’s Privacy Statement located at https://www.motorolasolutions.com/en_us/about/privacy-policy.html. (the "Privacy Statement"), as may be amended from time to time, is incorporated into this Agreement by reference. The Privacy Statement provides Your rights and Motorola’s responsibilities with regard to Your Personal Information. Motorola will not use Your Personal Information in any way that is inconsistent with the purposes and limitations provided for in the Privacy Statement or as otherwise consented or agreed to by You. Futher information about how data you provide to Motorola can be found in Motorola’s Data Processing Addendum, which is incorporporated by reference, and found at: https://www.motorolasolutions.com/content/dam/msi/docs/msi-standards_terms-conditions/motorola_solutions_united_states_data_processing_addendum_online_version.pdf. In all instances where Twilio acts as a Controller it must comply with the applicable provisions of Twilio’s Privacy Notice at https://www.twilio.com/legal/privacy as may be updated from time to time.
6. You are responsible for all activities undertaken by You using the App and Services (including, without limitation, any personal update features made available through the Services). You should give due consideration before agreeing to have Your personal information disclosed to other persons.
7. You agree to additional terms of use associated with the specific Services You may subscribe to or order from Motorola, which additional terms of use are incorporated into this Agreement by reference. Examples of specific Services, which may change from time to time, are "Starter" and “Professional”.
8. Subject to the terms of use of this Agreement, Motorola hereby grants You a limited, personal, non-exclusive, non-sublicensable, non-assignable license to: (i) download, install and use the App on Your Device for the sole purpose of personally using the Services; and (ii) use the Services together with the App in accordance with this Agreement and the Privacy Statement.
9. Unless Motorola has given You specific written permission to do so, You may not assign (or grant a sub-license of) Your rights to use the App or otherwise transfer any part of Your rights to use the App.
10. Account Setup. To subscribe for the Services and download the App, You must create Your Account. During the registration and set-up of Your Account, You will be required to provide Motorola with certain information about Yourself including, without limitation, Your agency email address, and agency information. As part of the registration process for Your Account, You will choose a password (the "Password") for Your authorized access and use of the Services. Your Password is unique to You alone. Without Your password, you cannot log-in to Your Account. You must carefully select Your Password so that it cannot be easily guessed by anyone else. You agree to keep Your Password absolutely confidential, and ensure it is never disclosed, accidentally or otherwise, to anyone else. You are fully responsible for all activities that occur under Your Account.
11. You represent and warrant that: (i) all required registration information You submit is truthful, current, accurate and complete and (ii) You will maintain the accuracy and completeness of such information by providing updates to Motorola, as needed. You agree that Motorola may use and rely on any such information provided by You for all purposes in connection with Your use of the Services, subject to the Privacy Statement. If You violate any of Your representations and warranties in this Section or Motorola suspects that you have, or will, violate any of your representations and warranties in this Section, Motorola has the absolute right, in its sole discretion, to terminate or suspend Your access to the Services and to Your Account (which will also result in You not being able to use the App). You agree to immediately notify Motorola of any unauthorized use, or suspected unauthorized use, of Your Account or any other breach of security. Motorola shall not be liable for any loss or damage arising from Your failure to comply with the above requirements.
12. Subscriptions & Fees. Any fees and charges for the Services subscribed for through Your Account, will be paid by You through approved methods of payment. You will be responsible for payment of all applicable taxes. Any fees and charges for the Services are non-refundable.
Motorola has the following subscription options:
Other subscription options are available for agency customers. Currently 10-21 provides certain "free" Services available in the “Starter” option. If fees are to be charged on any such free services in the future, Motorola will provide You with thirty (30) days written notice to the agency email address submitted at registration and will confirm credit card details for the purposes of payment.
13. The Services are a community-oriented service. Please remember that any Content that You post, submit or otherwise communicate to or through the Services are Your own responsibility and Motorola expects You to take utmost care to ensure that it remains friendly, courteous, respectful of others and is in compliance with this Agreement. You are required to comply with all applicable laws in connection with Your use of the Services and such further limitations as may be set forth in this Agreement and in any written or on-screen notice from Motorola. You may not use the Services for any purpose that is unlawful or prohibited by this Agreement or that otherwise harms Motorola, its affiliates, its App Providers or customers. "App Providers" shall mean, collectively, Motorola’s channel partners (including, without limitation, distributors or sales agents) and any service providers or suppliers (including, without limitation, connecting or underlying carriers, local exchange or access providers or any other providers of networks, connections or services (other than 10-21's services), which are involved in the provision and use of the Services.
14. You agree that You will comply with Motorola’s Acceptable Use Policy found at: https://www.motorolasolutions.com/en_us/about/legal/motorola-solutions-customer-terms/acceptable-use-policy.html.
15. You shall not, directly or indirectly, to do any of the following acts in connection with Your use of the Services or the App: (i) transfer, publish or disclose to third parties any evaluation of the Services or the App without Motorola's prior written consent; (ii) create any link to the Services or the App or frame or mirror any content contained or accessible from, the Services or the App; or (iix) intentionally avoid the payment of charges for Services that are not provided to You on a no-fee basis.
16. Motorola reserves the right to investigate and take appropriate action against anyone who, in Motorola's sole discretion, violates Sections 13 to 17. Any use or misuse of the Services in a manner that violates Sections 13 to 17, of this Agreement or that is otherwise disruptive, damaging, unlawful, offensive or intrusive as determined by Motorola, in its sole discretion, shall be a breach of the terms of this Agreement, which shall result in Motorola terminating this Agreement (and Your Account) as outlined herein.
17. You acknowledge and additionally agree that, in accordance with the Privacy Statement, Motorola reserves the right to disclose any information, including Your identity, as necessary to satisfy any legal, regulatory or other governmental request, and further, to cooperate with App Providers for the purposes of discouraging and resisting abuses of acceptable use policies.
18. Motorola may, from time to time and without notice to You, upgrade, change, maintain, or migrate the App and/or the Services. In the event Motorola determines that it is necessary to interrupt the App and/or the Services or that there is a potential for the App and/or the Services to be interrupted for the performance of system maintenance, Motorola will use reasonable commercial efforts to notify You prior to such interruption. Motorola will use reasonable commercial efforts to schedule system maintenance during non-peak hours (midnight to 6 a.m. local time). In no event shall interruption for system or emergency maintenance constitute a failure of performance by Motorola.
19. Despite Motorola’s safety and privacy controls, Motorola cannot guarantee that You will not encounter inappropriate or illegal conduct from other users of the Services. Consequently, if You encounter such content and/or conduct, You can help Motorola by notifying us of any inappropriate or illegal conduct or content (such as, nudity or pornography, or harassing statements, unwelcome contact or fraud) by contacting [email protected]. The reporting of complaints will be confidential and once a complaint is received, Motorola will first acknowledge the receipt of Your complaint and then take steps to address the complaint that may include, but is not limited to, removing the offending content or to warn or, as appropriate, to prevent the Services being used by those transmitting such content or engaging in such conduct. Motorola will also promptly provide You with an explanation of the steps taken to address the complaint.
20. You make use of the App and the Services at Your own risk. These risks include, among other things, credit card theft, identity theft, fraud, solicitation, stalking, invasion of privacy, unwanted receipt of offensive or obscene material, trespass to chattels or denial of service attacks. Motorola expressly disclaims any obligation to monitor its users with respect to violations of its acceptable use policies. Motorola accepts no responsibility, whether in contract, tort or otherwise for any damage sustained by You or any users in using the App and Services.
21. Your Personal Information is not used by Motorola for advertising third party products and services, and Your Personal Information is not sold to other parties for any reason.
22. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the App or the Services (collectively, "Submissions") provided by You to Us are solely Your Submissions and not that of a third party, are non-confidential to You and shall become the sole property of Motorola. Motorola shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive to and in favor of Motorola, Your moral rights in and to Submissions made by You.
23. Term. The term of this Agreement ("Term") will commence, and You may begin using the App and the Services, once You agree to this Agreement. The Agreement will remain in effect until terminated by You or Us in accordance with Section 24.
24. Termination.
25. Consequences of Termination. Upon termination of this Agreement: (a) all licenses and rights to use the App and the Services shall immediately terminate; (b) You will immediately cease any and all use of the App and the Services; and (c) You will immediately remove the App from Your Devices and all copies of the App in Your possession or under Your control.
26. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MOTOROLA AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND APP PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE LEGAL FEES INCURRED BY MOTOROLA, IN CONNECTION WITH OR ARISING OUT OF YOUR: (I) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; (II) VIOLATION OF ANY RIGHTS OF ANY THIRD-PARTY; (III) USE OR MISUSE OF THE APP AND/OR THE SERVICES; OR (IV) YOUR CONTENT.
27. No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND THE APP ARE PROVIDED "AS IS" WITH NO WARRANTIES OR CONDITIONS WHATSOEVER; MOTOROLA DOES NOT, MAKE ANY WARRANTIES, CLAIMS, CONDITIONS OR REPRESENTATIONS WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO THE APP, WHETHER EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. NOTOROLA FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE APP, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES MOTOROLA MAKE ANY WARRANTIES REGARDING ANY CONNECTION TO OR TRANSMISSION FROM ANY NETWORK OR CONNECTION INVOLVED IN THE PROVISION OR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION THE INTERNET OR ANY CELLULAR NETWORK), THE QUALITY OF COMMUNICATIONS MADE THROUGH THE SERVICES, OR THE SECURITY OF ANY TRANSACTION MADE THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE MADE BY MOTOROLA.
28. Data and Access Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTOROLA DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, THE FAILURE TO STORE, THE MISDELIVERY, OR THE UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT. MOTOROLA DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT THROUGH THE SERVICES OR THE APP. BY USING THE SERVICES OR THE APP, YOU ACKNOWLEDGE AND AGREE THAT TECHNICAL PROCESSING AND TRANSMISSION OF INFORMATION USING THE SERVICES MAY INVOLVE TRANSMISSIONS OVER VARIOUS NETWORKS AND CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES. MOTOROLA IS, AND SHALL, NOT BE RESPONSIBLE OR LIABLE FOR ANY: (A) INCORRECT OR INACCURATE TRANSCRIPTION OF INFORMATION; (B) HUMAN ERROR OR PRINTING ERROR; (C) INTERRUPTION, DELETION, OMISSION, DEFECT, OR LINE FAILURE OF ANY TELEPHONE NETWORK OR ELECTRONIC TRANSMISSION; (D) PROBLEMS RELATING TO YOUR DEVICE OR ANY OTHER COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS THE APP OR THE SERVICES; OR (E) OTHER TECHNICAL OR NON-TECHNICAL ERROR OR MALFUNCTION.
29. Specific Disclaimers.
30. No Liability: YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTOROLA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR APP PROVIDERS WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES OR THE APP. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES OR THE APP IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF THE APP AND THE SERVICES.
31. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE GENERALITY OF SECTION 30 ABOVE, IN NO EVENT SHALL MOTOROLA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR APP PROVIDERS BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
32. THE LIMITATIONS ON MOTOROLA'S LIABILITY TO YOU IN THE PARAGRAPHS ABOVE SHALL APPLY WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
33. NOTWITHSTANDING ANYTHING CONTRARY IN THIS AGREEMENT AND WITHOUT LIMITING THE GENERALITY OF THE SECTION ABOVE, IN NO EVENT SHALL MOTOROLA'S MAXIMUM AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF ONE-HUNDRED DOLLARS ($100.00). THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM.
34. Jurisdiction's Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event, Motorola's liability will be limited to the maximum extent permissible under the applicable laws of such jurisdiction.
35. App Merchants: You acknowledge and agree that the availability of the App is dependent on the third party from which You downloaded or received the App (the "App Merchant"). You acknowledge that this Agreement is between You and Motorola and not with the App Merchant. Motorola, not the App Merchant, is solely responsible for the App and the Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto. You agree to pay all fees charged by the App Merchant in connection with Your download of the App (if any). You agree to comply with, and Your license to use the App and the Services are conditioned upon Your compliance with, all applicable third party terms of agreement when using the App. You acknowledge that to the maximum extent permissible by law, the App Merchant (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
36. Apple Devices: If You download the App from the Apple app store (the "App Store") or use the App to run on the Apple Inc. ("Apple") operating system ("iOS"), such as with the iPhone, iPod, iPad or other related device using such iOS, the following terms will also apply and You acknowledge and agree to the following terms:
If You downloaded the App from the App Store operated by Apple Inc. (“Apple”), the following additional terms apply:
37. Entire Agreement: This Agreement, together with the Privacy Statement, constitutes the entire agreement between You and Motorola with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
38. Survival: Any terms of use of this Agreement which by their nature extend beyond the termination or expiration of this Agreement shall survive the termination or expiry of this Agreement.
39. Governing Law: This Agreement is governed, construed and interpreted by the law of the State of Illinois and the federal laws of the United States, without regards to conflict of laws principles. You irrevocably and unconditionally submit to the personal jurisdiction of the courts of the State of Nevada and the venue of the courts of Nevada, in respect of any disputes relating to or arising out of this Agreement. The parties specifically disclaim the United Nations Convention on Contracts for the International Sale of Goods.
40. Language. The Parties have expressly required that this Agreement, any communication and all other contracts, documents and notices relating to this Agreement be drafted in the English language.
41. Severability: If any of the provisions (or parts thereof) contained in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) of this Agreement.
42. Headings: The use headings are for convenience only and are not part of this Agreement.
43. Relationship: Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between the parties; no party is by virtue of this Agreement authorized as an agent, employee or agent representative of the other party.
44. Waiver: Any waiver of any right or remedy under this Agreement must be in writing and signed by each party. No delay in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion shall not be construed as a waiver of any right or remedy on any future occasion.
45. Assignment: You may not assign any rights or obligations under the Agreement and any assignment shall be ineffective. Motorola may assign or delegate all rights and obligations under this Agreement without notice to You.
Should You have any questions concerning this Agreement, contact Motorola at [email protected].