Terms of Use and License Agreement

Safety Ecosystem App End User Terms of Use and License Agreement:

Please read this document carefully before installing and/or using the App. The Terms of Use are worded in the female gender form for convenience only and are intended equally for everyone and anyone, and any reference in the singular body also refers to the plural, and vice versa.

By clicking on the “accept” or “ok” buttons or by installing and/or using the Safety Ecosystem application (“the application”), you expressly confirm and agree that you are signing a legal agreement with Safety Ecosystem Ltd. (“Safety”, “we”, “us” or “our” respectively and as the case may be) and that you understood and agreed to comply with and be subject to the terms of use and provisions of this end user license agreement (the “Agreement”). You hereby waive any right to require an original signature (non-electronic) or delivery or possession of documents in electronic form, to the extent that is not prohibited by law. If you do not agree to be bound by this Agreement, do not download, install or use the application in any way.

General:

The application provides a solution that allows the user to enter a code word by voice, which generates an automatic sequence of actions in times of distress as defined by the user (including sending a distress message with a real-time location to pre-defined contacts, recording the device environment, activating an alarm sound and making an automatic call to a contact person defined in advance by the user) (“the services” or “the application services”). The application services will be available in charge to each user. Additional services (as defined below) to the application services will only be available for a fee, as detailed below in this agreement.

Terms of Use:

1. Acceptance of the terms of use –Your purchase and/or installation of the application and/or use of the application services constitutes confirmation that you are over the age of eighteen (18). If you are between the ages of thirteen (13) and eighteen (18), then before installing the application, you must first read this agreement with a parent or guardian, in order to make sure that you and the parent or guardian understand the terms of the agreement and agree to them.
2. Application use license – Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable and non-transferable license (the “License”): 

1. To download, install and use the application on a smart mobile phone or a tablet (the “Device”) that you own or control 
2. Log in and use the application on that device, according to this agreement and all distributor rules (as defined below).

1. Restrictions on the license. You agree not to perform the following actions and not to allow any third party to perform them: 

1. Enter incorrect or fictitious details in the application, including details of another person; 
2. Sublicense, distribute, sell, lease, loan or rent the application; 
3. Provide the application through a network in order for it to be used by several devices or operated by different people at the same time; 
4. Disassemble, reverse engineer, decompile, decipher or attempt to find the source code of the application; 
5. Copy (except for backup purposes), modify, improve or create derivative works of the application or any part thereof; 
6. Bypass, disable or otherwise interfere with the security measures in the application, or the measures that prevent or limit the use or copying of any content or that impose limitations on the use of the application; 
7. Remove, alter or obscure any proprietary notice or proprietary identification, including copyright, trademark, patent or other notices, included or displayed in or through the Application; 
8. Use the application to send unauthorized and/or unsolicited commercial correspondence.
9. Use a Safety’s name, logo or trademarks without our prior written approval. 
10. Use the Application in a manner that would violate any laws, rules or regulations, or for any illegal, harmful, irresponsible or inappropriate purpose, or in any way that violates this agreement.

1. 1. Geographical restrictions – the use of the services and/or the related services will be possible only in the territory defined, respectively, by Safety and/or by the provider (“the territory”). It is clarified that Safety will not be responsible for the use of the application and/or the availability of the services and/or the related services outside the territory, and you hereby confirm that you do not have and will not have any claims regarding the unavailability of the services and/or the related services outside the territory.
   2. Account – In order to use the application, you will be required to create an account (“the account”). As part of creating the account, you will be asked to provide us with personal information about you, including your full name, e-mail address, and phone number (“the details”). Some of the details you will be asked to provide are mandatory details – meaning you cannot register without providing these details. The details of the obligation will be explicitly stated as such. You warrant that the details provided by you are true, accurate, correct and complete, as requested in the account creation procedure. Also, you undertake to update the details as provided by you during the creation of the account in order to maintain their correctness and accuracy. It will be emphasized that you are solely responsible for the activity that occurs in your account. You must notify us immediately of any unauthorized use of your account.
   3. Distributor rules for using the application – If you download the application through a third party via a mobile platform or in another way (“Distributor”), know that the distributor may have established rules of use that also apply to your use of the application (“Distributor’s Rules”). You confirm that, prior to downloading the application from the distributor, you have had an opportunity to review, understand and comply with the distributor’s terms. You declare that you are not prevented by the distributor’s rules and/or by any law from using the application; If you cannot declare this, you may not install the application and/or use it.
   4. Location Data – Certain features and/or functions enabled by the application (“Location-Dependent Services”) may collect or depend on data related to your geographic location (“Location Data”). If you wish to use location-based services, you agree to provide or make available to us your location data. Please note that if you choose not to allow the application to collect location data, the location-based services will not be available to you. To the extent we collect location data, we will use it in accordance with our privacy policy.
   5. Third party services – As part of using the application, services and products of third parties (the “distributors”) may be offered to you, including physical security services and patrols (together below, the “ancillary services”), and in some cases, you may purchase the aforementioned ancillary services through the application. It is clarified that any order of and/or use of the related services (“transaction”), which will be carried out by you, will be carried out directly between you and the distributor offering the ancillary service that is the subject of the transaction, and Safety is not and will not be considered a party in such a transaction between you and the supplier and Safety will not have any responsibility in relation to the service and/or the product that was purchased as part of it, including regarding the nature, quality, availability and delivery of the product or service. It is also possible that, within the framework of using the application, we will provide links and references to various websites and pages on the Internet, operated by suppliers and/or other third parties (“Linked Sites”) where you can, among other things, purchase or receive various products and services. It is possible that on these sites and pages you will be asked to register, provide various details, etc. You confirm that you know that Safety and/or anyone on its behalf has no control or responsibility regarding what is done on these linked sites and their use is subject to the privacy policy and terms of use of any linked site.

 

Intellectual Property Rights:

1.  Ownership – The application is licensed and not sold to you under this agreement, and you acknowledge that Safety and its licensors hold all ownership rights and intellectual property rights (as defined below) in the application (and any software related to it). We reserve all rights in the application not expressly granted under this agreement. In this agreement, the term “intellectual property rights” means all rights in all trade secrets, patents, copyrights, service marks, trademarks, know-how or similar intellectual property rights, and all moral rights, right to privacy, publicity rights and similar rights of any kind according to the laws and regulations as enacted by a governmental, regulatory or judicial authority, foreign or local.
2. Content – The content in the application, including, and without detracting from the generality of the aforementioned, the text, the information, the documents, the descriptions, the products, the software, the graphics, the images, the voices, the videos, the interactive functions and the services ( the “Materials”) and the trademarks, service marks and logos contained therein (the “Marks” and together with the materials below: the “Content”), are the property of Safety and/or its licensors, and may be protected by copyright or other intellectual property laws and treaties.
3. Use of Content – The application may include a variety of content. The content in the application is provided to you “as is” (AS-IS) for your personal use only, and will not be used, copied, distributed, broadcast, displayed, sold, licensed, decompiled or otherwise exploited for any other purpose, except with our prior written consent. If you download or print a copy of the content, you must retain all copyright or other proprietary notices contained therein.
4. Messages – The application may allow you to send messages in a predetermined format to other users of the application or to any third party, for example and in particular upon activation of the code word in the application (“messages”). You are solely responsible for the messages and the consequences of sending them, and you agree to specifically exempt and release us from any responsibility arising from the messages. We may also use the tools, software or services of third-party service providers so that we can send your messages to the intended recipients.

Payments:

1. 1.  As of the date of your approval of this agreement, the license granted pursuant to it is in some features for free and some with charge, however, we may in the future charge a fee for the application services and/or certain uses of the application. You will not be charged for any such use of the application services, unless you previously agree to the charge.

• Be aware that your use of the application’s services or some of them may require the use of cellular reception and/or an internet connection and/or access to data, and may incur costs in connection with sending messages or making calls through the application. To the extent that third-party service providers or cellular companies’ charges apply to your use of the internet, data, sending messages or making calls, you agree to be solely responsible for paying these charges.

•  Privacy – Your privacy is important to us, so we will use any personal information we collect or receive regarding your use of the app only in accordance with our privacy policy, which appears at https://relyon.ai/privacy/ (“Privacy Policy”). Please read the privacy policy carefully, because, by confirming these terms and by using the application, you agree to its terms. To avoid any doubt, you are under no obligation to provide us with personal information at all, and you agree to this of your own free will and choice to use the application. You also agree that said information will be used, at our discretion, and in accordance with our privacy policy. Also, be aware that certain personal information and other information provided by you regarding your use of the application may be stored on your device (even if we do not collect such information). You are solely responsible for keeping your device secure against unauthorized use.

•  Presentations:

1. The application is provided “as is” (AS-IS) and “as available” (AS AVAILABLE), without commitments of any kind, express or implied, including, without detracting from the generality of the foregoing, statements, commitments and conditions of availability, merchantability, fitting for a particular purpose, ownership, non-infringement of intellectual property or other infringement of rights, and obligations arising from law or commercial practice.
2. We do not guarantee that the application and services will function without errors, that the application is free of viruses or other malicious code or that we will fix bugs or defects in the application and services. You agree that we will not be responsible for any consequences caused to you or any third party, which may arise from technical problems, including, without detracting from the generality of the aforementioned, in connection with hardware, software, communication lines and systems, cellular network and/or the internet network (such as slow connection, traffic problems, network or load on our servers or servers of other parties) or any communication or internet providers, or in connection with the use of the application and services, including the ancillary services, outside the territory.
3. We will be entitled to stop the application services at any time, expand them, and/or change them at our sole discretion. To the extent possible and reasonably possible, we will provide you with notice before discontinuing the app services or making significant changes to them.
4. It is possible that the applicable law does not allow the exclusion of certain obligations, therefore the aforementioned exclusions will not apply.

• Limitation of liability:

1. In any case, Safety will not be responsible for any special, direct, indirect, incidental, punitive or consequential damages, including personal injury, or for any loss of data, profits, business or reputation, arising from or relating to this agreement, or arising from the use or inability to use the application even if Safety has become aware of the possibility of such damage occurring.
2. In any case, Safety’s total cumulative liability for all damages arising out of or relating to this agreement, or resulting from your use or inability to use the application, will in no way exceed the total amount, if any, actually paid by you to Safety for use of the application during the three (3) months preceding the date when the cause of action arose. 

1. Indemnification – You agree to defend, indemnify and hold harmless Safety and its affiliated companies and their functionaries, directors, employees and representatives and those of their affiliated companies from all claims, compensations, obligations, damages, liabilities, expenses and costs (including, without prejudice to the generality of the foregoing, lawyer fees) arising from: 

1. your use of the application, or your inability to use it;
2. your breach of this Agreement;
3. your violation of any right of a third party, including, without detracting from the generality of the foregoing, copyrights, property rights or privacy rights. Without derogating or waiving your obligations under this section, we reserve the right, but are not obligated, to assume the exclusive defense and sole control (through your full funding) of any matter subject to indemnification by you if you choose not to defend or reach a compromise in the matter. You agree not to reach a settlement in any matter subject to indemnification by you, without first obtaining our express consent to do so. 

1. Updates and Upgrades – Safety may from time to time provide updates or upgrades to the application (a “Change”), but is not obligated to do so. Such changes will be provided according to the policy defined and in effect at the time, and may include an automatic update or upgrade without giving you any further notice. You agree to any such automatic update or upgrade of the application. Any reference in this document to the application and/or application services also includes the changes. This agreement will apply to all changes that will replace parts or be added to the original application, unless the change is accompanied by a separate license agreement that applies to the change.
2. Third party open-source software – Parts of the application may include open-source software owned by third parties, and which are subject to third party terms (“Third Party Terms”). A list of third-party open-source software and related third-party terms is published at the address. If there is a conflict between the terms of third parties and the terms of this Agreement, the terms of the third parties will prevail, but only with respect to the relevant third-party open-source software.

• Agreement period and termination of the agreement:

1. This agreement is valid until terminated by us or you – We reserve the right, at any time: 

1. To discontinue or change any function or capability in the Application; and/or 
2. Terminate this agreement and your use of the application, with or without cause, and we will not be liable to you or any third party for all of the above. If you object to any terms of this agreement or any future amendments to it, or if you are not satisfied with the application for any reason, the only and exclusive remedy available to you is to stop using the application immediately.

1.  After this Agreement is terminated, you must stop using the Application. This Section 17 and Sections 8 (Third Party Services), 9 (Intellectual Property Rights), 10 (Payments) 11 (Privacy), 12 (Presentations), 13 (Limitations of Liability), 14 (Indemnification) 16 (Third Party Open-Source Software) and 19 (Protest) through 22 (General) will continue to apply after termination of this Agreement.

1. Merger, sale or bankruptcy – Should Safety be acquired by a third party or during a merger transaction with a third party, or in the event of bankruptcy or other similar event, we reserve the right to transfer or assign personal information in connection with the aforementioned events.
2. Transfer of Rights – This agreement and all rights and licenses granted under it will not be transferred or assigned by you, but Safety may assign them without any restriction and without the need to give notice.
3. Corrections – We reserve the right to update and change the terms of use at any time, by sending a message within the application and/or publishing a current version in the application. For the avoidance of doubt, the latest version available in the application is the mandatory one and therefore you are requested to update it from time to time and before you use the application.
4. Jurisdiction – The laws of the State of Israel apply to this agreement and it will be interpreted according to them, without affecting issues in private international law. You agree to be subject to the exclusive jurisdiction of the courts located in Tel Aviv-Yafo, and waive any objection regarding subject matter, local jurisdiction or claims of improper forum regarding said courts. Notwithstanding the above, Safety may claim temporary relief in any competent court.
5. General – This Agreement and any other legal notices published by us regarding the application shall constitute the entire agreement between you and Safety regarding the application and its use. In the event of a conflict between this agreement and any aforementioned legal notices, the terms of the relevant notice will prevail regarding the subject matter of the notice. Any amendment to this agreement will not be binding unless it is made in writing and signed by Safety. If a competent court determines that any instruction in this agreement is invalid, then the lack of validity of said instruction will not affect the validity of the other provisions of this agreement, which will remain in full force. Any waiver of any provision in this agreement shall not be considered an additional or continuing waiver of such provision or any other provision, and failure of a party in the agreement to claim any right or condition in this agreement shall not constitute a waiver of such right or condition. You agree that any demand or claim, arising from or relating to the application, must be asserted within one (1) year after the cause of action arose. Otherwise, the aforementioned cause of action will be silenced forever. This provision will prevail over any other legal provision.
6. Contacting us – For any questions, complaints or claims regarding the application, please contact Safety at the email address [email protected]

Last updated: May 2023