LOCKSAFE TECHNOLOGIES LTD - END-USER LICENCE AGREEMENT (EULA)

We are LockSafe Technologies Ltd (with company number 17413067, with registered office C/O Mm Accountants, 14-16 Balls Road, Prenton, United Kingdom, CH43 5RE), the creators of LockSafe (referred to below as the “App”).

You must be resident in the UK to use the App.

We make the App available for download from the Apple App Store.

By downloading the App, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy before you download and use the App. Only download the App if you have read the rules and agree to them.

If you do not agree to these terms, we will not allow you to use the App and you should not download it.

Where the App is downloaded and accessed through the Apple App Store, references to the ‘App Store’ means Apple’s App Store, ‘App Store Provider’ and/or ‘Apple’ means Apple Inc., and ‘App Store rules’ refer to the rules contained in the Apple Media Services Terms and Conditions.

1This agreement

1.1This agreement is made between you and us. The App Store Provider is not a party to this agreement and has no responsibility for the App or its content.

1.2Provided you follow all of the rules described in this agreement, we license you to download the App and to use it once you have downloaded it, in accordance with the App Store rules.

1.3The licence:

1.3.1is only for you personally and for devices that you own or control (except in the situations described in clause 1.6) and it cannot be transferred to anyone else;

1.3.2is not for business use;

1.3.3starts when you download the App; and

1.3.4covers content, materials, or services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.

1.4When you first access the App you will be required to set up a subscription to use it (‘Subscription’). When purchasing this Subscription, you will be required to confirm that you are requesting immediate provision of the services available to you via the Subscription and acknowledge that you will only be entitled to a partial refund if you cancel within the cooling off period as set out in clause 15.

1.5When you download the App from the App Store, you must access and use the App in Accordance with the App Store rules.

1.6The App can be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the App Store rules.

1.7You must comply with the App Store rules as well as this agreement but, if there is any conflict between them, you should follow the App Store rules rather than the equivalent rule here.

1.8You do not own the App or any of its content but you may use it as permitted by this agreement and by the App Store rules (as applicable).

1.9Subject to clause 1.6, we are giving you personally the right to use the Subscription and the App as set out above; and you may not transfer the Subscription or the App to someone else, whether for money, for anything else or for free. If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.

1.10You are not allowed to pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the App and creating an independent version).

2Technical requirements

To use the App your device needs to comply with the following minimum requirements:

3Availability

3.1We cannot guarantee that the App will be available at any given time, or that access to the App will be uninterrupted, error free or secure. For example, access to the App may be temporarily unavailable if you do not have an internet connection (Wi-Fi or mobile data), while we carry out maintenance or for other technical reasons.

3.2In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing the App or a portion of it. If this happens and it affects your use of the App, we will notify you by email and provide you with a full refund for the period during which the App is unavailable if payment has already been taken.

4Support and contact

4.1We are responsible for customer service in relation to the App and can help you if you are having any issues.

4.2Where you download the App from the App Store, you acknowledge that the App Store Provider has no obligation whatsoever to provide any support or maintenance services in relation to the App, although if the App is faulty, you may be able to claim a refund from the App Store Provider as per clause 16.1.

4.3If you need to get in touch with us, you can use any of the following methods, or any other methods that we notify you of via the App from time-to-time:

4.4Please note that our support service is provided to assist with technical issues relating to the operation of the App and does not provide an immediate response and so cannot assist you in an emergency. We cannot help with issues that are outside of our control such as your or other user’s connectivity.

4.5If we need to get in touch with you, we will do so by email or an in-App notification.

5Content

5.1You may upload information, content and materials to the App ("Input"). You retain ownership of the Input and are responsible for all Input that you provide through the App and warrant that you have all necessary rights, permissions and consents to provide that Input.

5.2You grant us the necessary rights to host, process, store and use Input for the purpose of providing and improving the App and related services.

5.3The App is provided for communication purposes only. The App does not notify emergency services or any other party not using the App.

5.4You must not rely on the App as a substitute for alerting emergency services where appropriate.

6Privacy and your personal information

Protecting your personal information is important to us. Our privacy policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint. Our privacy policy is available at: https://locksafe.help/privacy.

7Collection of technical information

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App. If this information personally identifies you, we shall process it in accordance with our privacy policy. Otherwise, as long as it is in a form that does not personally identify you, we may use this information to improve products or to offer new services or technologies to you.

8Location data

8.1The App makes use of functionality on your device that can pinpoint your location. We do this in order to enable users in your group to identify their own position to other users when the Emergency; Come Get Me; and Stay with Me features of the App are activated.

8.2When you open the App for the first time, and potentially at other times during your usage of the App (such as if you select to use a feature requiring location services and have previously opted out of location services), you will be asked whether the App can use your location and in what circumstances.

8.3You can change your choices at any time in the App settings, or in your device’s settings, and you can also turn the location services off at any time. The communication features of the App will still function if location services are off, but its functionality may be reduced.

9Acceptable use

9.1You must not use the App to do, or assist others to do, any of the following things:

9.1.1break the law or encourage any unlawful activity;

9.1.2send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;

9.1.3infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);

9.1.4use the App in a manner that infringes any intellectual property, privacy, confidentiality or other legal rights of any person;

9.1.5transmit any harmful software code such as viruses;

9.1.6try to gain unauthorised access to computers, data, systems, accounts or networks;

9.1.7deliberately disrupt the operation of anyone’s website, App, server or business;

9.1.8use automated means to access, extract, scrape, harvest or collect data or content from the App;

9.1.9reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithms, models, systems or underlying components of the App, except where permitted by applicable law;

9.1.10circumvent, disable, interfere with or otherwise undermine any security feature, safeguard, usage restriction or technical protection measure used by the App; or

9.1.11use the App or any related content to develop, train or improve any artificial intelligence, machine learning or similar models, systems or services that compete with the App or our business.

9.2You must at all times comply with:

9.2.1all applicable laws relating to the use or receipt of the App or any services from us; and

9.2.2all other provisions of this agreement and any other applicable agreement or terms, including the App Store rules.

10Intellectual property rights

If any third party claims that the App or your possession and use of the App infringes their intellectual property rights, we (and not the App Store Provider) will be responsible for investigating the claim and, where appropriate, for defending, settling and/or discharging it.

11Updates to the App

11.1We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality and if we do so, we will ensure that the App still meets the description of it that was provided to you at the time you downloaded the App.

11.2Updates will either download automatically or you may need to trigger them yourself, depending on your device and its settings.

11.3We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all) or you may be exposed to security vulnerabilities if you do not keep the App updated to the latest version that we make available.

12Changes to this agreement

12.1We may need to revise this agreement from time to time to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance.

12.2You will be asked to agree to any material changes in advance by an in-App notification, usually when you download an update. If you do not accept the changes, you will not be able to use the App.

13External services

13.1The App may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).

13.2We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.

13.3You must not use external services in any way that:

13.3.1is inconsistent with these terms or with the terms of the external service; or

13.3.2infringes our intellectual property rights, or the intellectual property rights of any third party.

13.4From time to time, we may change or remove the external services that are made available through the App.

14Subscription and billing cycles

14.1Your Subscription will start on the date that you purchase the Subscription and will continue until it is terminated in accordance with these terms or your terms with the App Store.

14.2Your Subscription will follow a monthly or yearly billing cycle (‘Billing Cycle’), depending on the Subscription you have signed up for. The term of your Subscription will align with your Billing Cycle, and your Subscription shall automatically renew at the end of each Billing Cycle for a further Billing Cycle for the fees set out on the App for your Subscription unless and until either you or we amend, cancel, pause or end the Subscription in accordance with these terms.

14.3The Subscription fees are payable and will be charged automatically by the App Store, in advance of each Billing Cycle, to the payment method associated with your Apple ID.

14.4All payments are taken and processed by the App Store in accordance with the App Store rules. We do not receive or store your payment-card details.

14.5You are responsible for ensuring that your payment and contact details are kept up-to-date to ensure the continuity of your Subscription. You can update your payment details through the App Store, and notify us of a change in your other details by updating your information on the App.

14.6In the event the App Store is unable to take payment for any reason, your Subscription may not commence, renew or continue (as applicable). The App Store may make further attempts to collect the payment in accordance with the App Store rules. While your Subscription is not active, you may still use the Emergency feature, which will alert your trusted contacts and share a single location with them rather than live location updates, but the Come Get Me and Stay with Me features and other features of the App will be restricted until payment has been made.

14.7You can cancel or change your Subscription at any time for any reason through the subscription settings for your Apple ID on your device, in accordance with the App Store rules. If you cancel your Subscription, you will continue to have access until the end of the active Billing Cycle at the time of your cancellation, at which time your access shall cease, and no further payment will be made. If you change your Subscription, the change will take effect, and you will be charged, in accordance with the App Store rules.

14.8Prices for the App, in-App purchases, and subscriptions are determined by us and can be changed by us for the start of the next Billing Cycle by providing you with at least 30 days’ prior written notice.

14.9All prices include applicable taxes unless otherwise stated. Where you download the App through the App Store, taxes are calculated and applied by the App Store during the purchase process based on your billing information.

14.10We are not responsible for any losses arising from unauthorised use of your user ID or payment information. If you suspect any unauthorised activity, you must notify us, and where applicable, the App Store immediately.

15Your initial right to cancel your Subscription

15.1You have the right to change your mind and cancel your Subscription without penalty within 14 days from the date your Subscription starts.

15.2If you exercise your right to cancel the Subscription under clause 15.1, you will be entitled to a refund. We will make deductions from any refunds due to you for the services provided as part of your Subscription, up to the time that you told us that you want to cancel. For the avoidance of doubt, this right only applies during the first Billing Cycle of your Subscription, and any subsequent cancellation of your Subscription shall be in accordance with clause 14.7.

15.3To cancel your Subscription in accordance with this clause 15, please request a refund from Apple at https://reportaproblem.apple.com or contact us at support@locksafe.help.

16Refunds and recovering losses

iOS users

16.1If the App fails to meet the standards required by applicable law (including that the App is of satisfactory quality, fit for purpose and as described), and if we have not effectively disclaimed that standard, please contact Apple who will provide you with a full refund of the price you paid for the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any valid and applicable warranty will be our sole responsibility, including claims:

16.1.1that relate to product liability;

16.1.2that the App fails to conform to any applicable legal or regulatory requirement; and

16.1.3arising under consumer protection, privacy, or similar legislation.

To the maximum extent permitted by applicable law, Apple has no other responsibility or obligation in relation to the App beyond providing a refund in the circumstances described in clause 16.1.

17Our responsibility to you

17.1If we breach this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

17.2We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

17.3If the App damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.

17.4Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

18Ending this agreement

18.1We can end this agreement if you do not comply with any part of it.

18.2If we end this agreement under clause 18.1, we will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.

18.3We may also end this agreement at any time by giving you reasonable notice (which will be at least 30 days in advance) if we stop providing our services or supporting the App (in whole or in part) or if we, acting reasonably, believe it is necessary to do so to comply with applicable law or to support our legitimate business interests.

18.4The consequences of the agreement ending are:

18.4.1you are no longer allowed to use the App and we may limit your access to it;

18.4.2you must delete it from any devices that it has been installed on;

18.4.3we may delete or restrict access to any accounts that you hold with us;

18.4.4we will promptly delete any of your data; and

18.4.5where it has been ended by us because you have not complied with a part of the agreement, you are not entitled to a refund.

19Prohibited territories and persons

19.1You represent and warrant that you are not:

19.1.1located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and

19.1.2on any US Government list of prohibited or restricted parties.

19.2If either of the situations in clause 19.1 apply to you, you are not permitted to download, access and/or use this App.

20Third parties

iOS users

20.1Apple and Apple’s subsidiary companies are third party beneficiaries of this agreement. This means that if you breach any of its terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.

20.2Other than Apple and Apple’s subsidiaries, no one other than us or you have any right to enforce any term of this agreement.

21Events beyond our control

The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your email or text service, your device and the App Store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty camera), App Store failure or anything else that it would not be reasonable to expect us to control.

22Transferring this agreement

22.1We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.

22.2You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.

23Governing law and jurisdiction

23.1The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

23.2Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.