Liability Waiver and Assumption of Risk Agreement · Effective July 24, 2026
Read this entire agreement before using this application. This is a legally binding contract that limits your rights, including your right to sue. By downloading, installing, accessing, or using the OD App, you agree to be bound by every provision below.
The OD App ("the App") is a communications platform operated by OD App, Inc. ("the Company"). The App does one thing: it transmits messages between users who have voluntarily elected to participate.
The Company does not provide medical services, emergency services, transportation, rescue services, medical supplies, medical devices, pharmaceuticals, or any form of care, treatment, advice, or assistance of any kind. The Company employs no medical professionals, dispatchers, responders, or agents of any kind.
The App is a passive conduit for user-to-user communication. Nothing more.
THE OD APP IS NOT AN EMERGENCY SERVICE, EMERGENCY DISPATCH SYSTEM, MEDICAL SERVICE, OR SUBSTITUTE FOR ANY OF THE FOREGOING.
The Company does not monitor alerts, does not verify emergencies, does not dispatch responders, does not guarantee delivery of any alert, and does not guarantee that any person will receive, read, respond to, or act upon any alert transmitted through the App.
Users are solely responsible for determining what actions are appropriate in any situation, including whether to contact professional emergency medical services. The Company makes no recommendation and gives no instruction regarding what any user should or should not do in any circumstance.
It is generally advisable to seek professional medical care whenever possible in any medical situation. This App is a supplemental communication tool and is not a replacement for professional medical attention.
THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Every user of this App acts solely in their individual capacity. No user is an employee, agent, contractor, partner, representative, volunteer, or affiliate of the Company. The Company does not recruit, screen, train, vet, background-check, certify, supervise, direct, control, compensate, or insure any user.
The Company is not vicariously liable for the acts or omissions of any user under any theory of law, including but not limited to respondeat superior, agency, joint venture, or negligent hiring, retention, training, or supervision.
You are solely and entirely responsible for knowing, understanding, and complying with all federal, state, county, municipal, and local laws, regulations, ordinances, and rules applicable to your conduct, including without limitation those governing:
The Company provides no legal advice and makes no representation that any conduct undertaken by any user is lawful in that user's jurisdiction. The Company does not advise, encourage, direct, or instruct any user to administer, possess, transport, or distribute any substance.
YOU EXPRESSLY, VOLUNTARILY, AND KNOWINGLY ASSUME ALL RISKS ARISING FROM OR RELATED TO YOUR USE OF THIS APP, INCLUDING RISKS THAT ARE UNKNOWN, UNFORESEEABLE, OR NOT SPECIFICALLY ENUMERATED HEREIN.
These risks include but are not limited to: death; permanent disability; brain injury; respiratory failure; cardiac arrest; adverse drug reactions; precipitated withdrawal; assault; battery; robbery; kidnapping; exposure to violence, weapons, controlled substances, biohazards, and communicable disease; motor vehicle accidents while traveling to or from a location; property damage; theft; criminal prosecution; civil liability; psychological trauma; post-traumatic stress; and financial loss.
You acknowledge these risks may result from the negligence of other users, from your own negligence, from the negligence of the Company, or from causes unknown.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY FOREVER RELEASE, WAIVE, ACQUIT, AND DISCHARGE OD APP, INC., ITS FOUNDERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, INSURERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, ARISING FROM OR RELATED IN ANY WAY TO:
THIS RELEASE INCLUDES CLAIMS BASED ON NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTRACT, AND ANY OTHER LEGAL THEORY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR STATUTORY DAMAGES, INCLUDING DAMAGES FOR DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF CONSORTIUM, WRONGFUL DEATH, LOST PROFITS, OR LOSS OF DATA, REGARDLESS OF WHETHER THE RELEASED PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY LIABILITY IS FOUND NOTWITHSTANDING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys' fees arising out of or related to your use of the App, your violation of this Agreement, your violation of any law, or your violation of the rights of any third party. This obligation survives termination of this Agreement.
No fiduciary, confidential, agency, employment, joint venture, partnership, or special relationship is created between you and the Company by this Agreement or your use of the App. The Company owes you no duty of care, no duty to rescue, no duty to warn, and no duty to protect.
The Company has no control over and assumes no responsibility for the conduct, statements, representations, qualifications, sobriety, identity, or actions of any user. You interact with other users entirely at your own risk. The Company does not verify any information provided by any user, including names, locations, or claimed possession of naloxone.
You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement. Use by anyone under 18 is strictly prohibited.
Your use of the App is also governed by our Privacy Policy, which is incorporated herein by reference.
If any provision of this Agreement is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect. The provisions of Sections 3, 4, 5, 6, 7, 8, 9, and 10 survive termination of this Agreement and deletion of the App.
This Agreement is governed by the laws of the State of Texas without regard to conflict of law principles. Any dispute shall be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to personal jurisdiction and venue therein.
Any dispute arising out of or relating to this Agreement or the App shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules.
YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Company and supersedes all prior agreements, representations, and understandings.
The Company may modify this Agreement at any time. Continued use after modification constitutes acceptance.
OD App, Inc.
legal@odsafe.org
odsafe.org
By using this application you confirm that you have read this entire agreement, that you understand it, that you are voluntarily giving up substantial legal rights including the right to sue and the right to a jury trial, and that you accept complete and sole responsibility for all consequences of your use of this application.