SF311 mobile app terms and conditions

1. Acceptance of Terms

The City and County of San Francisco (“City”) provides the SF311 mobile application (“SF311 App”) subject to the following Terms of Use Agreement (“Agreement”), which may be updated by the City from time to time without notice to you. By accessing and using the SF311 App, you accept and agree to be bound by this Agreement. Review these terms of use carefully; if you do not agree with any part of this Agreement, do not install or use the SF311 App.

2. Description of SF311 App

The SF311 App is available as an Android and iOS mobile application that allows you to do the following:

1. submit service requests to the City, such as street cleaning and graffiti reporting;
2. submit photographs related to the service request;
3. record and submit your geographic location, as recorded by your mobile device when the service request is submitted; and
4. view the status of service requests you have submitted.

You are responsible for obtaining access to the SF311 App, and that access may involve third-party fees (such as Internet service provider or airtime charges).  You are solely responsible for those fees. By providing the SF311 App, the City makes no representations or warranties that any information or content provided to you through the SF311 App is accurate, complete, reliable, or error-free.

The City reserves the option to refuse to accept, service requests containing photographs or other information containing offensive or inappropriate material. Any photographs or other information meeting these criteria, at the sole discretion of the City, will be permanently deleted and the corresponding service request may be automatically closed without further action by the City. Please also see section 7, User Conduct.

3. Limitation of Liability and Disclaimer of Warranties and Conditions

Your use of the SF311 App is at your sole risk . The SF311 App is provided on an “as is” and “as available” basis.

The City disclaims all warranties or conditions, express or implied, relating to the SF311 App, including without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose or non-infringement. The City does not assume responsibility for the content or quality of the SF311 App or any content therein.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CITY IS NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

(i) YOUR USE OF, OR ACCESS TO, OR INABILITY TO USE OR ACCESS THE SF311 APP;

(ii) ANY CONDUCT OR SUBMISSIONS OF ANY THIRD PARTY USING THE SF311 APP; INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;

(iii) ANY SUBMISSIONS OR OTHER INFORMATION, INCLUDING PERSONAL INFORMATION, OBTAINED BY A THIRD PARTY FROM YOUR USE OF THE SF311 APP;

(iv) YOUR FAILURE TO DISABLE THE LOCATION COLLECTION DATA FEATURE IN YOUR ELECTRONIC DEVICE OR SMARTPHONE;

(v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR SUBMISSIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL PRINCIPLE.

YOU EXPRESSLY AGREE THAT THE CITY IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER THIRD-PARTY USER OF THE SF311 APP AND THAT YOU BEAR THE SOLE RISK OF ACCESSING OR USING THE SF311 APP AND SUBMITTING OR POSTING SERVICE REQUESTS TO THE SF311 APP.

4. Indemnity

You agree to indemnify, defend and hold harmless the City and its officials, officers, employees and authorized representatives from and against any liability or any form of loss injury, demand, action, cost, expense or claim of any kind, (including lawyer’s fees), relating to your use of the SF311 App, including, but not limited to:

1. your connection to the SF311 App;
2. your use of the SF311 App;
3. any submissions made to the SF311 App by you; and
4. your violation of this Terms of Use;

5. Copyright and Intellectual Property Rights

The SF311 App contains proprietary and confidential information that is owned by the City and are protected by applicable intellectual property and other laws.  You agree not to use or reproduce such proprietary information without the express written consent of the City.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to the SF311 App or its contents. You are prohibited from modifying the SF311 App or its contents in any manner whatsoever.

You may not use robots, spiders, search/retrieval applications or similar data-gathering and extraction tools to access, retrieve, scrape, or index the SF311 App or its content..

If you submit a service request, including any photographs and your geographic location, you hereby grant the City an irrevocable, non-exclusive, royalty-free right to use, publish, display such submissions, excluding contact information.

You understand that the City does not guarantee any confidentiality other than your contact information submitted using the 311 App.

You agree that you are not entitled to any compensation or reimbursement of any kind from the City for your submissions.

6. User Conduct

You agree to not use SF311 App to:

(i)  submit information that is false, fraudulent, misleading, inaccurate, not current, or incomplete;

(ii)  submit information that is unlawful, harmful, offensive, abusive, defamatory, threatening, harassing, obscene or hateful; or

(iii) submit information that is generally of a nature that is abusive of the SF311 App (for example, submitting multiple service requests of same issue on the same day after being asked to desist), or does not pertain to the designated topic or theme, or does not comply with this Agreement.

(iv) submit an excess of 200 service requests within a 72 hour period.

You acknowledge, consent, and agree that if you violate Section 6.a. of this Agreement, the City has the right to suspend or terminate your account and any service requests you may have submitted, and may refuse you current or future use of the SF311 App (or any portion thereof).

You agree and acknowledge that the City has no obligation to pre-screen service requests submitted using the SF311 App, and that the displaying of a service request, including any related photographs or geographic locations, in the 311 App does not imply, state, or represent that the City has confirmed or accepts the validity of the service request. The City retains the option, at all times and at its sole discretion, to refuse or remove any information submitted or displayed in the SF311 App, including but not limited to any photographs, information, or content that violates this agreement.

Consequences for Violations of User Conduct:

• 1st Violation: If you violate Section 6 of this Agreement, you will receive a notification on the SF311 App that you have violated the terms of the Agreement and be banned from using SF311 App for seven days.
• 2nd Violation: If you violate Section 6 of this Agreement for the second time, you will be banned from using SF311 App for 30 days.
• 3rd Violation: If you violate Section 6 of this Agreement for the third time, you will be permanently banned from using the SF311 App.

In the event of a temporary or permanent ban, you will still be able to call 3-1-1 or 415-701-2311, available 24x7x365.

7. Links

If the City provides any links or other direction to third party content or websites through the SF311 App, you agree that such content is provided solely as a convenience to you. Third party content or websites are independently developed by parties other than the City and the City assumes no responsibility for the accuracy or appropriateness of the information contained in such content or websites. The inclusion of any link to another website or any other external content does not imply an endorsement by the City and should not be construed as an endorsement of that party or its product or services. If you decide to access such external links or websites, you do so entirely at your own risk.

8. Modification, Severability and Waiver

The City reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SF311 App (or any part of it), with or without notice. You agree that the City will not be liable to you or to any third party for any modification, suspension or discontinuation of the SF311 App (or any part of it).

Your use of the SF311 App is subject to this Agreement, including any amendments. In the event any of the terms or conditions in this Agreement should be determined to be invalid, void or for any reason unenforceable, that condition will be deemed to be severable and not affect the validity and enforceability of any remaining condition.

The City’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

9.  Public Records

Registration data and service requests you submit using the SF311 App are subject to all applicable City, State and Federal public records laws.