SAFEDOME APP TERMS - PLEASE READ CAREFULLY BEFORE USING THE APP
The Safedome App requires a smartphone, internet access and the iOS or android operating system. Whilst it may be possible to download and use the App with a tablet device, the service is designed to operate with smartphones and features of the service may not be available if the App is downloaded to and/or operated with any device other than a smartphone.
These are the terms and conditions of your end-user licence agreement (“App Agreement”) for the Safedome mobile application software (“App”). In addition to your rights under these terms and conditions, you may also have rights granted to you by statute. These terms and conditions do not affect such statutory rights (e.g. where the App is defective).
As this version of the software is purely for trial, the App is provided “as is” and no guarantees are made regarding the functions and features seen within it.
We licence use of the App to you on the basis of this App Agreement and subject to any rules or policies (“Appstore Rules”) applied by any appstore provider or operator from whose site you downloaded the App (“Appstore”).
The Terms and Conditions and the Appstore Rules are incorporated into this App Agreement by reference. In the event of any inconsistency between this App Agreement, the Terms and Conditions and the Appstore Rules, the order of precedence will be: the Terms and Conditions (highest precedence); App Agreement; and Appstore Rules (lowest precedence).
How the Contract is Formed Between Us
- [By using the App], you agree to the terms of the App Agreement which will bind you. The terms of the App Agreement include, in particular, the Terms and Conditions and limitations on liability in Condition 7.
- If you do not agree to the terms of this App Agreement, we will not license the App to you.
- You may cancel your use of the App at any time without affecting your service membership.
- You should print a copy of this App Agreement for future reference.
[1.1] This App Agreement and the Terms and Conditions apply to the App and any of the services accessible through the App (“App Functions”), including any updates or supplements to the App or any App Functions, unless they come with separate terms, in which case we will notify you of which terms apply.
[1.2] We may change these terms at any time by sending you details of the change or notifying you when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.
[1.3] From time to time updates to the App may be issued through the Appstore. You may not be able to use the App Functions until you have downloaded the latest version of the App and accepted any new terms. As this version of the App is a demonstration version only it is not expected that any updates will be issued via the Appstore.
[1.4] You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you and described in Condition 2.2 (“Device”) and to download a copy of the App onto the Device and stream any data in connection with it. You and they may be charged by your and their service providers for internet access on the Device. You accept responsibility in accordance with the terms of this App Agreement for the use of the App or any App Functions on or in relation to any Device, whether or not it is owned by you.
[1.5] A copy of our Data Protection Notice as applies to the App Functions is included in the Terms and Conditions.
[1.6] By using the App or any App Functions, you acknowledge that:
[22.214.171.124] we will collect and use technical information about the Device and related software, hardware and peripherals for App Functions that are internet-based or wireless to improve our products and to provide any App Functions;
[126.96.36.199] internet transmissions are never completely private or secure; and
[188.8.131.52] any message or information you send using the App or any App Functions may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
 Grant and Scope of Licence
[2.1] In return for you agreeing to abide by the terms of this App Agreement, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Terms and Conditions and the Appstore Rules. We reserve all other rights.
[2.2] You may download a copy of the App onto your Device and to view, use and display the App on the Device for your personal purposes only.
[2.3] We do not guarantee that the App will be compatible with all or any hardware and software which you may use. We do not guarantee that the App will be available all the time or at any specific time. We reserve the right to withdraw or modify this App at any time.
 Licence Restrictions
Except as expressly set out in this App Agreement or as permitted by any local law, you agree:
[3.1] not to copy the App except where such copying is incidental to normal use of the App or necessary for the purpose of back-up or security;
[3.2] not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
[3.3] not to alter or modify the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
[3.4] not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities is:
[184.108.40.206] used only for the purpose of achieving inter-operability of the App with another software program;
[220.127.116.11] not unnecessarily disclosed or communicated without our prior written consent to any third party; and
[18.104.22.168] not used to create any software that is substantially similar to the App;
[3.5] to keep all copies of the App secure;
[3.6] to include our copyright notice on all entire and partial copies of the App on any medium;
[3.7] not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
[3.8] to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any App Functions (“Technology”); together the “Licence Restrictions”.
 Acceptable Use Restrictions
You must not:
[4.1] use the App or any App Functions in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this App Agreement, or act fraudulently or maliciously (e.g. by hacking into or inserting malicious code, such as viruses or harmful data, into the App, any App Functions or any operating system);
[4.2] infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by this App Agreement);
[4.3] use of the App or any App Functions to transmit any material that is defamatory, offensive or otherwise objectionable;
[4.4] use the App or any App Functions in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
[4.5] collect or harvest any information or data from any App Functions or our systems or attempt to decipher any transmissions to or from the servers running any App Functions, together the “Acceptable Use Restrictions”.
 Intellectual Property Rights
You acknowledge that:
[5.1 ] the App, all the materials contained in it (including, without limitation, the design, layout, look, appearance, graphics and documents on the App, as well as other content such as articles, stories and other text) and the Technology are protected by intellectual property rights, including copyright, that either belong to us or are licensed to us to use;
[5.2] rights in the App are licensed (not sold) to you;
[5.3 ] you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this App Agreement; and
[5.4 ] you have no right to have access to the App in source-code form.
 Limited Warranty
[6.1] We warrant that the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described on www.safedome.com and in the Terms and Conditions for a period of 30 days from the date on which the App is downloaded to the Device (“Warranty Period”).
[6.2] The warranty does not apply if the defect or fault in the App or any App Functions results from you having amended the App or used the App in contravention of the terms of this App Agreement (including, without limitation, where you breach any of the Licence Restrictions and/or the Acceptable Use Restrictions).
[6.3] This warranty is in addition to your legal rights in relation to software that is faulty or not as described.
[6.4] If you require any assistance to use the App, please contact us.
 Limitation of Liability
[7.1] You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
[7.2] Unless Condition 7.3 applies:
[7.2.1] we accept no liability for any damage, loss, cost or expense caused to you where such damage, loss, cost or expense is not reasonably foreseeable to you and us when you agreed to this App Agreement, including, without limitation, where the damage, loss, cost or expense:
[22.214.171.124] results from our negligence or our breach of this App Agreement; or
[126.96.36.199] arises from your use of, or your inability to use, any aspect of the App (or any part of it) for whatever reason (unless due to our breach of this App Agreement);
[7.2.2] except as set out in Condition 6, we make no representations or warranties, express or implied, statutory or otherwise, as to any benefit or right that you obtain or expect to obtain as a result of your use of the App and/or App Functions;
[7.2.3] we shall not be liable for any loss, damage, costs or expenses you suffer as a result of any failure or delay by us in providing the App and/or App Functions where such failure or delay arises out of any event outside of our reasonable control. Such events shall include any act, omission or accident, for example, acts of God; strikes and other industrial disputes; breakdown of computer systems or network access; fire or explosions, or power failure;
[7.2.4] we are only liable to you for losses which you suffer as a result of a breach of this App Agreement by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching this App Agreement, for example if you and we could not have contemplated those losses before or when you access the App and/or App Functions; and
[7.2.5] we only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any business losses that you may incur, including but not limited to loss of data, loss of profits, loss of business, business interruption, or loss of business opportunity.
[7.3] Nothing in this App Agreement shall limit or exclude our liability for:
[7.3.1] death or personal injury resulting from our negligence;
[7.3.2] fraud or fraudulent misrepresentation; and
[7.3.3] any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
[8.1] We may terminate this App Agreement and your licence to access and use the App immediately by written notice to you if:
[8.1.1] you commit a material breach of this App Agreement which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
[8.1.2] you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
[8.1.3] at any time, you:
[188.8.131.52] give us false or misleading information in relation to your membership of the service; or
[184.108.40.206] attempt to defraud us or act dishonestly towards us.
[8.2] In addition, we reserve the right to terminate this App Agreement and discontinue your access to the App at any time for any reason by giving you at least seven days’ notice.
[8.3] On termination for any reason:
[8.3.1] all rights granted to you under this App Agreement shall cease;
[8.3.2] you must immediately cease all activities authorised by this App Agreement, including your use of the App;
[8.3.3] you must immediately delete or remove the App from your Device, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
 Communication Between Us
[9.1] You can contact us by email at firstname.lastname@example.org.
 Other Important Terms
[10.1] We may transfer our rights and obligations under this App Agreement to another organisation, but this will not affect your rights or our obligations under this App Agreement.
[10.2] Your rights and obligations under this App Agreement are non-transferable. This means that only you are entitled to the rights given to you under this App Agreement and you cannot transfer, assign, charge, sub-contract or otherwise dispose of your rights or obligations under this App Agreement or give such rights away to someone else.
[10.3] If we choose not to enforce a term or condition contained in this App Agreement, this will not prevent us from enforcing that term or condition later or relying on that term or condition in the future.
[10.4] Each of the conditions of this App Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
[10.5] This contract is between you and us. No other person shall have the right to enforce any of its terms.
[10.6] English law will be used to decide any legal questions or disputes concerning the App, App Functions and this App Agreement, or about our dealings with you before you agreed to them. The courts of England will be able to deal with any questions or disputes concerning the App, App Functions and/or this App Agreement, although this does not affect your statutory rights.