That’s the language at the bottom of the “Order Form” for FlockOS 911 customers.
In February 2024, Flock announced FlockOS 911 in partnership with Prepared — legal name Invictus Apps, Inc. By all accounts, FlockOS 911 is a rebranded version of Invictus’ product: Prepared911. That product is an AI-integration to transcribe and translate emergency calls in real-time; it also allows police and others to listen in live, through FlockOS on their computers or mobile devices. Their own term for it is “assistive intelligence.”
About a year and a half later, Prepared911 was acquired by Axon, one of Flock’s biggest competitors in the LPR space. As part of that acquisition, Axon also acquired the website at https://www.prepared911.com/prepared-live-terms-and-conditions … you can see where this is going.
Whether the terms that live on the website are binding is somewhat questionable. In addition to being a website that can be unilaterally modified, the terms only apply to agreements between Invictus (now Axon) and its customer:
…shall apply to and govern any Order placed by a Client (as identified in such Order) for a subscription to the Prepared™ Communications Service from Invictus Apps, Inc., a Delaware corporation, (‘Invictus’), to which these Standard Terms are attached or in which they are specifically referenced and which is signed by both Invictus and the Client.
But apply they must, because this agreement is the only “guardrail” ostensibly keeping 911 caller data secure.
Whether the terms apply is further complicated by there being at least three, probably four, versions. (Version 6 was authored three months after the FlockOS 911 launch, so whatever version was posted at launch was an earlier one nobody appears to have preserved.) Based on announcements, PDF metadata, website asset identifiers, and Wayback Machine captures:[1]
Versions 6 and 7 name Invictus; version 8 names Axon.
Between version 6 and 7, the precedence of the agreements flipped. Version 6 says the order prevails:
In the event of any conflict or inconsistency between the Order and these Standard Terms or any Appendix or Exhibit to the Order to these Standard Terms, the terms and conditions of the Order shall prevail.
—v6 §17.3
Versions 7 and 8 say the standard terms prevail (sort of — the grammar is broken):
In the event of any conflict or inconsistency between the Order and these Standard Terms or any Appendix or Exhibit to the Order to these Standard Terms shall prevail.
—v7/v8 §17.3
Whatever controls, Invictus/Axon reserves the right to unilaterally modify the terms that Flock’s customer agrees to on the FlockOS 911 order form:
Invictus[/Axon] reserves the right to change these Standard Terms at any time by posting changed terms on the Invictus website. Any changes made to these Standard Terms will apply to the Agreement between Invictus and Client for any Order received by Invictus from Client before the changes are made.
Which terms apply is, of course, largely irrelevant to anyone but lawyers, and they’re getting paid to figure that out. Those of us under surveillance 24/7 would ask the more important question: “what about our 911 calls and our data?” That’s where the deal gets even worse.
Start with what the terms call “Caller Data” — that’s you, when you call 911:
“Caller Data” shall mean (i) the data, including text, video, audio, image, and location data, regardless of form or media, that are submitted or transmitted by a Caller or Caller’s Mobile Device…
Who owns it? Not you. Not your police department, either:
All right, title and interest in and to the Caller Platform Extensions and the Prepared Platform and all Caller Data shall remain with Axon and its licensors.
—v8 §6.2
Axon claims outright ownership of your 911 call. The agency that answered it gets a license back — “personal, non-exclusive, nontransferable” — to view its own residents’ emergencies (§6.1(b)).
Then there’s “Client Data” — the agency’s side of the system: user accounts, the caller phone numbers dispatchers enter, the messages they send. For that, the agency grants Axon this:
Client hereby grants to [Invictus/Axon] and its subcontractors and their respective successors and assigns, a royalty-free, fully-paid, non-exclusive, perpetual, irrevocable, fully sublicensable and transferable worldwide right and license to use, host, store, view, perform, copy, reproduce, modify and create derivative works of any Client Data submitted or otherwise made available by Client solely for purposes of (i) providing and performing the Service and otherwise performing this Agreement … and (iii) researching, developing, and improving the Service and the Caller Platform Extension and the Prepared Platform and other products and services of [Invictus/Axon] and its affiliates.
—§6.5
After the acquisition, “affiliates” means the Axon product family. A perpetual, irrevocable license — granted to “successors and assigns,” so it survives the sale — to use agency data to improve the products of the company Flock competes with.
And in version 7 (the same revision that flipped the precedence clause) the definition of Client Data was quietly extended:
(iv) the data, including text and audio, that are transmitted between Responders and Telecommunicators and made available to [Invictus/Axon] during the Term of this Agreement, including any data resulting from the transcription, translation, synthesis or interpretation of that data.
Prepared edited its website to include dispatcher-to-responder audio, and the AI transcriptions of it, into the perpetual license.
That’s the policy that presumably applies to you and me, should we call 911.
“At Prepared, privacy is more than just a priority – it is a core value that drives everything we do.”
As of today, July 29, 2026, the “Axon privacy policy” at that address is dated May 2024. Aside from a banner announcing that “Prepared is now part of Axon 911,” the policy itself has not been touched: it still speaks for Invictus Apps, Inc. d/b/a Prepared, two owners ago.
That policy states that “sessions” — your 911 calls — may be used “for our business needs and purposes, including to make this service better; to identify other services we can provide to help before, during, and after emergencies.” Your emergency, their lead generation. As for how long they keep your information:
We will retain your Personal Information for 10 years as required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or as long as it is necessary and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies, whichever is shorter.
Ten years. For context: Apple requires emergency data deleted from dispatch centers within twelve hours, and Flock’s order forms promise a 30-day retention period on their face. Twelve hours, thirty days, or a decade — depending on which of three documents, maintained by three different companies, you choose to believe.
This Privacy Policy may be changed or updated from time to time. By visiting PREPARED at one of our websites or using one of our apps or services, you accept the practices described in this Privacy Policy.
If you call 911 from an iPhone, you can opt in to sending your Medical ID — conditions, medications, allergies, emergency contacts — along automatically with the call. Android phones send precise location through a parallel Google service, which can also carry “additional emergency information” from apps on the device; what that includes is spelled out only in Google partner documentation that isn’t public.
Apple and Google do not release this data to just anyone: it goes only to a provider your local 911 agency has expressly authorized, and Apple, at least, publishes strict conditions on how that data is used after it is received: deletion within hours, no logging, no analytics, no derived data.[2]
Those conditions set a ceiling, but Axon’s terms are drafted to claim everything beneath it, wherever it moves. For Apple data, the agency pre-authorizes “[a]ll data retention and analytics services … permitted by Apple”. If Apple ever permits more, Axon — through Invictus, through Flock, through your local government — is automatically granted more. For Google data, the terms don’t even name a ceiling. And Axon’s privacy policy behind the next hyperlink already claims the right to use live 911 “sessions” for the company’s “business needs and purposes.”
This is what is supposed to pass for “guardrails” and “contractual safeguards.”
Flock, police agencies, city councils, and city attorneys across the country have represented that they read and agreed to the terms on prepared911.com — the unilateral-modification clause, the garbled precedence clause, the vendor’s claim of ownership over 911 caller data, and the standing authorizations to receive medical data from Apple and Google. And they kept doing it after the acquisition, still referring to the same website.
The only alternative is that nobody actually read the terms, or believes they will apply or keep the data — your 911 calls — where they’re supposed to be. In that version, Flock and Axon are running wild, unconstrained by contracts or guardrails.
Ultimately, it is irrelevant which version applies, or who claims to “own” your emergency: the guardrails are meaningless, and Axon, which has already openly feuded with Flock, can now unilaterally modify the terms between its competitor, Flock, and its competitor’s customers.
Meanwhile, the only things standing between your 911 call and “business needs and purposes” are a webpage Axon can rewrite tomorrow, and Apple’s goodwill. All in the name of public safety.
The “published online” dates are decoded from the documents’ Webflow asset IDs. prepared911.com is built on Webflow, which assigns each uploaded file a MongoDB ObjectId — and the first four bytes of an ObjectId encode its creation timestamp. The v6 PDF’s asset ID (6671f976...) decodes to June 18, 2024; v7 (6879b7ce...) to July 18, 2025; v8 (6a0639a1...) to May 14, 2026. The dates are consistent with the Wayback Machine captures. Caveat: an ObjectId records when the file was uploaded to the site, which is strong but indirect evidence of when the page began serving it. ↩︎↩︎↩︎↩︎
When you call 911, your phone’s OS pushes data to the emergency system through a side channel: iPhones to Apple’s Enhanced Emergency Data (EED) service, Android phones to Google’s Emergency Location Service. It goes through an “integration service provider” (historically RapidSOS’s clearinghouse) into dispatch software. Aside from the limited permitted purposes, Apple “prohibits integration service providers from any other logging, recording, or use of user data” — including “selling or providing access to the data itself, or any information derived or aggregated therefrom, to anyone other than the government agency customer.” Apple, Enhanced Emergency Data technical paper, Sept. 2020. Google’s ELS transmits location computed on the handset — Google states it “never has access to the user’s location” — plus “Additional Emergency Information” from apps and services on the device; unlike Apple, Google’s conditions on recipients are set out in partner documentation that is not public. Google ELS fundamentals. Whether Prepared/Axon takes these feeds directly or through RapidSOS is not public. ↩︎
