Defcon5 — Terms of Service

Last updated: September 10, 2026 Operated by: Unicorn United, 6 rue d'Armaillé, 75017 Paris, France Contact: contact@unicorn-united.com Governing law: French law. Any dispute not resolved amicably will be submitted to the competent courts of Paris, France, without prejudice to any mandatory consumer-protection rules that entitle you to bring proceedings in the courts of your own place of residence if you are a consumer residing in the EU.

⚠️ This draft has real entity/jurisdiction details filled in, but Sections 8-9 (warranty and liability) still need a lawyer's review — French law does not allow a business to fully exclude liability for gross negligence or intentional misconduct ("faute lourde" or "dol"), and consumer-protection rules under the French Consumer Code (Code de la consommation) apply to any user who is an individual acting outside a trade or profession. See "Open items for your lawyer" at the end.

Summary (plain language — see full text below)

Defcon5 is NOT an emergency service. In an emergency, always contact local emergency services (112 in France/EU, or the relevant local number) directly.
Guardians are ordinary people you've chosen, not professional monitors. There is no guaranteed response time.
Never link as a "guardian" to watch someone without their full, uncoerced knowledge and consent. Secret surveillance via this app is prohibited and is a criminal offence under French law (see Section 5).
You're responsible for keeping your passcode and under-pressure code secret and different from each other.
We can suspend or terminate accounts used for prohibited purposes.
As a consumer residing in the EU, mandatory protections under French and EU consumer law apply regardless of anything else in these Terms.

1. Acceptance Of Terms

By creating an account or using Defcon5, you agree to these Terms and to the Privacy Policy. If you do not agree, do not use the service. These Terms are offered by Unicorn United, a company established in France.

Defcon5 is a personal check-in and guardian-notification tool. It is NOT a substitute for calling emergency services, not a professionally monitored security service, and not a guarantee that any guardian will see, respond to, or act on an alert within any particular time, or at all. Guardians are people you have personally chosen — not Defcon5 staff, not professional responders. If you are in immediate danger, call 112 (the EU-wide emergency number, also valid in France) or your local emergency number directly, first, every time.

3. Your Account And Responsibilities

4. Guardian Responsibilities And Limitations

5. Prohibited Uses

You may not use Defcon5 to: watch or track another person without their full, informed, uncoerced consent; obtain or use a share code without the account holder's knowing consent; harass, stalk, intimidate, or control another person; impersonate another person; or access another user's account or data without authorization.

Under French law, non-consensual tracking of a person via a geolocation device or application is a specific criminal offence (Article 226-4-1 and related provisions of the Code pénal concerning the collection of personal data and geolocation without consent), independent of and in addition to any action Unicorn United may take under these Terms. We may suspend or terminate accounts reasonably believed to violate this section, and may report conduct to French judicial authorities where required or appropriate.

6. The Under-Pressure ("Duress") Feature

Defcon5 includes a feature that outwardly displays a calm "all is well" screen on your own device while genuinely escalating your alert status to your real guardians in the background — see the Privacy Policy Section 6. You use this feature at your own judgment; Defcon5 cannot guarantee any outcome from its use.

7. Service Availability

We aim to keep the backend available but do not guarantee uninterrupted operation. Planned maintenance and unplanned outages can occur; given that this service is explicitly not an emergency service (Section 2), we do not offer an uptime service-level agreement.

8. Disclaimer Of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT PERMITTED BY FRENCH LAW, WE DISCLAIM WARRANTIES OF ANY KIND REGARDING THE SERVICE'S FITNESS FOR A PARTICULAR PURPOSE OR UNINTERRUPTED, ERROR-FREE OPERATION. THIS DISCLAIMER DOES NOT AFFECT ANY STATUTORY WARRANTY OR GUARANTEE THAT CANNOT LAWFULLY BE EXCLUDED UNDER FRENCH CONSUMER LAW (INCLUDING, WITHOUT LIMITATION, THE STATUTORY GUARANTEE OF CONFORMITY UNDER ARTICLES L.217-3 ET SEQ. OF THE FRENCH CONSUMER CODE, WHERE APPLICABLE TO DIGITAL SERVICES).

9. Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY FRENCH LAW, UNICORN UNITED SHALL NOT BE LIABLE FOR INDIRECT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING A GUARDIAN'S FAILURE TO RECEIVE, SEE, OR ACT ON AN ALERT.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS UNICORN UNITED'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE ("FAUTE LOURDE") OR INTENTIONAL MISCONDUCT ("DOL"); OR (B) ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER FRENCH LAW. French law does not permit a business to fully disclaim liability toward a consumer for gross negligence or intentional misconduct, and this clause is drafted to comply with that rule rather than override it.

[YOUR LAWYER SHOULD STILL REVIEW: the precise scope of "indirect damages" as drafted, and whether a liability cap (a maximum monetary amount) should be added — common practice, but the appropriate number and structure is a business decision requiring legal input specific to your risk tolerance and insurance coverage, which we cannot set for you.]

10. Termination

You may delete your account at any time through the app. We may suspend or terminate accounts for violations of Section 5, or as otherwise permitted by law.

11. Changes To These Terms

We may update these Terms from time to time. Material changes will be notified in-app and via the "Last updated" date above.

12. Governing Law And Jurisdiction

These Terms are governed by French law. Any dispute will be submitted to the competent courts of Paris, France. If you are a consumer residing in another EU/EEA member state, mandatory consumer-protection rules of your country of residence may also apply and may entitle you to bring proceedings before the courts of that country instead.

13. Contact

Unicorn United 6 rue d'Armaillé, 75017 Paris, France contact@unicorn-united.com

Open items for your lawyer before launch

Section 9's liability clause states the mandatory French-law floor (cannot exclude liability for gross negligence/intentional misconduct) but does NOT yet include a liability cap (maximum monetary amount) — decide whether to add one, and at what level, based on your insurance and risk tolerance; this is a business decision needing legal drafting, not something to template.
Confirm whether Unicorn United carries (or should obtain) professional/product liability insurance appropriate for a personal-safety application before launch.
Section 5's reference to Article 226-4-1 and related Code pénal provisions should be checked against the current text of the law at time of launch (French criminal law numbering and scope can be amended).
If minors use the service via Parent Mode, confirm this Terms document (aimed at the account holder) should also reference or incorporate parental consent obligations consistent with Privacy Policy Section 8.
If you expect non-French/non-EU users, confirm whether a jurisdiction/governing-law carve-out is needed for them (e.g., US users may expect different consumer-protection defaults).
Consider adding an explicit "Emergency Services Disclaimer" acknowledgment checkbox during setup, not just text in the Terms — stronger evidence of informed consent for Section 2.