End User License Agreement

End User License Agreement

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP. By clicking the “accept” or “ok” button and in any event by installing and/or using the BodyGuard mobile application (the “App”), you expressly acknowledge and agree that you are entering into a legal agreement with Safehouse Technologies Ltd (“Safehouse”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement”). You hereby waive any applicable rights to require an original (non-digital) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the App. NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE EXTENT THAT CONSUMER PROTECTION OR LOCAL LAWS OR REGULATIONS GRANT YOU MANDATORY OR STATUTORY RIGHTS, THIS AGREEMENT SHALL ONLY LIMIT SUCH RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAWS OR REGULATIONS.

By installing the App you affirm that you are over eighteen (18) years of age and have full ability and power to enter into this Agreement.
Scope of License.Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download and install the App on a mobile phone, tablet or device (each a “Device”) that you own, control or are legally entitled to use; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (defined below). You may not rent, lease, lend, sell, redistribute or sublicense the application. This License is granted for the sole purpose of authorizing you, as an individual, to use and enjoy the App’s benefits for your personal use. For clarity, nothing in this Agreement permits you to make use of the App for commercial purposes or for the benefit of any entity, whether commercial or non-profit, such as a corporation, partnership, or other business entity or any non-profit organization.
License restrictions on use.You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend, rent or otherwise commercially exploit the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) access, disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the App; (iv) copy (except for back-up purposes), modify, transform, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications or for illegal purposes, including violations of applicable laws and/or third party rights; (viii) use the Safehouse name, logo or trademarks without our prior consent (written); and/or (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement or violates third party rights.
Account. In order to use some of the App features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information about yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure and private. You must notify us immediately of any unauthorized use of your Account. You can reach us at support@safehousetech.com. The personal information you submit is subject to our Privacy Policy (defined below) which must be expressly consented to by you. You may terminate your Account at any time by sending an email to support@safehousetech.com.
App Usage conditions.If you are downloading the App from a third-party platform or service provider (“Distributor”) such as, without limitation, Apple’s Appstore or Google Play, please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are deemed incorporated into this Agreement by this reference. You represent and warrant that you are not prohibited by any applicable Usage Rules and/or applicable law and/or any third party right from using the App; if you are unable to make such a representation you are prohibited from downloading, installing and/or using the App.
Location Data.Certain features or functionality (“Features”) of the App may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible or available to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (defined below). If you do not provide or make such Location Data accessible then the Features may be limited or not operate.
Payments. The use of the App and, therefore, the License granted hereunder, is subject to the monthly or annual payment (the “Fees”). Please be aware that any failure to pay applicable Fees may result in you not having, or losing, access to some, or all of parts of the App. In consideration for the App, as the case may be, will have to pay the applicable, non-refundable Fees as set forth therein. Your payment may be processed through a third party payment processing service, and additional terms may apply to such payments. We reserve the right to use other third party payment processing services for such purposes in the future. All amounts payable under this Agreement are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, good and service, withholding, and other direct or indirect taxes, charges, levies and duties. For all versions of the App, we reserve the right in the future to charge a fee for features and/or uses which are currently made available free of charge. Any failure to pay applicable charges may result in you not having access to some or all of the parts of the App.
Connection. Please be aware that your use of the App may require and utilize internet connection, data access, OS (android or iOS operating system) or certain updated or upgraded version of certain OS or browsers. To the extent that third parties, including service providers or carriers, charges for your internet or data usage or any of the aforementioned concepts are applicable, you agree to be solely responsible for those charges and understand that failure to pay for such concepts may result in you not having, or losing, access to some, or all of the App.
Information Description.We attempt to be as accurate as possible. However, we cannot, and do not, warrant that the App, the Features, the Content and/or the Materials are accurate, complete, reliable, current, error-free or virus-free. We reserve the right to make changes of any kind in or to such concepts, or any part thereof without the requirement of giving you any notice prior to or after making such changes.
Third Party Open Source Software. Portions of the App may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). A list of any third party open source software and related Third Party Terms can be requested to SafeHouse by sending an email to support@safehousetech.com. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third-party open source software. Notwithstanding anything in this Agreement to the contrary, SafeHouse makes no warranty or indemnity hereunder with respect to any third party open source software.
Privacy. We will use your personal information in accordance with our privacy policy which can be viewed in the App [https://www.safehousetech.com/privacy-policy] (“Privacy Policy”), and, to the maximum extent permitted by law, you expressly consent to us doing so.
Intellectual Property Rights.
App Ownership: The App is licensed as described herein and not sold, assigned or transferred to you under this Agreement and you acknowledge that Safehouse and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software and know how). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, designs, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
App information: The content on the App or generated by the App, including without limitation, the text, information, statistics, analytics, threat reports, threat descriptions, documents descriptions, products, software, graphics, photos, sounds, videos, interactive features, the App’s uses and, broadly speaking, our services (the “Materials”), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials the “Content”), is the property of Safehouse and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. You shall not violate any Intellectual Property Rights with respect to the App, the Materials and the Content. “Safehouse” and the logo are Marks of Safehouse and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners. You shall not violate them.
Use of information: The content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited or marketed for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
Feedback: We always appreciate feedback or other suggestions, but please note that we will own them and we may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Limited Warranty and Disclaimers
NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, INCLUDING, FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, UTILITY, TITLE, NON-INFRINGEMENT, USAGE, PERFORMANCE, SATISFACTORY QUALITY, INTEGRATION, APPLICABILITY FOR A PARTICULAR USE AND ANY OTHER WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW.

IT IS NOT WARRANTED THAT SAFEHOUSE SERVICE WILL WORK UNINTERRUPTED, TIMELY, AND WE MAKE NO WARRANTY THAT THE APP WILL PROTECT AGAINST ALL POSSIBLE THREATS AND ATTACKS OR OTHER FAILURES OR THAT THE APP WILL MEET YOUR REQUIREMENTS. YOU ARE ADVISED NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE APP. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THE USE OF THE APP AND/OR SERVICE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM YOUR USE OF THE APP AND/OR FOR ANY TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. ALSO, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAFEHOUSE DOES NOT OFFER ANY WARRANTY REGARDING THE PERFORMANCE OF SOFTWARE AND SHALL NOT ENTERTAIN ANY CLAIM REGARDING THE SAME. SAFEHOUSE MAKES NO WARRANTIES OR CLAIMS THAT THE LICENSED APP, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF THE LICENSED APP, OPERATION, CONTENT UPDATES, AND UPGRADES WILL BE ERROR-FREE OR UNINTERRUPTED.

You understand and accept that, to the maximum extent permitted by law, this App will be updated from time to time, subject to the following and Safehouse expressly disclaims any and all liabilities arising from the following circumstances:

Incompatibility caused by any software and/or hardware components installed on your device;
Any actions initiated by you or by third parties which were beyond the control Safehouse;

Any failures, malfunctions, defects resulting from abuse, improper installation, theft, misuse, accident, operation or maintenance, acts of God, alteration, power failures, casualty, repairs made by any party other than Safehouse, alterations, neglect, non-permitted modifications, acts of terrorism, and vandalism;

The deficiencies, defects in your device and related infringements;
Your violations of the terms and conditions described in the user manual or in this Agreement.
Inability of Safehouse support service to provide uninterrupted support, in a timely manner, or inability to meet any or all of your support requirements.

Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

General Disclaimers. To the maximum extent permitted by law, you agree, accept, and acknowledge:
That you are solely responsible for the configuration of the software, settings, and the actions or inactions that result from such actions and Safehouse shall not have and shall assume no liability/responsibility in any case and the Clause of Indemnification shall be applicable.
That Safehouse shall not have and shall assume no liability and/or responsibility for any data deletion, including, but not limited to, any deletion or loss of personal, and/or confidential data; and/or uninstallation of third-party apps; and/or change in settings; specifically authorized by you or occurs due to the actions, inactions (whether intentional or not) by you or any third party whom you have authorized to use, handle your device due to features of this software.
That to avail/use certain features of the software such as updates and upgrades, you may be required to incur certain costs and that Safehouse does not warrant that the usage of certain features of the software are free of cost and that Safehouse shall not entertain and expressly disclaims, any claim for reimbursement of any expenses, including, but not limited to, any direct or incidental expenses arising out of your usage of such features of this software.
That you agree that your use of the App is at your own risk, and that you will not use the App to violate any applicable law, regulation, policies, or instructions as outlined in this Agreement and you will not encourage or enable any other individual to do so. Also, you are solely responsible and shall comply with all applicable laws, regulations of India and any other applicable foreign/trans-national laws, including, without limitation, privacy, data protection, obscenity, confidentiality, copyright laws for using any report, data, information derived as a result of using this software.
That while using this software, Safehouse suggests some actions to be initiated by you in your sole benefit, for example “Safehouse software may suggest you to uninstall infected applications”, however such actions are suggestive and Safehouse takes no responsibility and/or liability if you perform such actions or not and Safehouse assumes no responsibility and/or liability for any result or liability arising out of such actions and/or inactions.

Third-Party Website Links. This App may include links to the third-party websites; you may redirect to such third-party websites as the user of this software. The third-party sites are not under the control of Safehouse and Safehouse is not responsible for the content of any third-party websites and/or any links contained in the third-party websites. Safehouse is providing these links to the third-party websites to you only for your convenience and Safehouse is not responsible for any kind of loss/ damage arising out of it and the access to or any other act on such third-party links shall be entirely at your risk.

Export Laws and regulations.You agree to comply fully with all applicable export laws and regulations to ensure that neither the App (including the Features, the Content and the Materials) nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

Limitation of liability.

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless SafeHouse and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL SAFEHOUSE AND/OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, DISTRIBUTORS SHALL BE LIABLE FROM ANY AND AGAINST ALL CLAIMS, EXPENSES, SUITS, COSTS, DEMANDS, JUDGMENTS WHATSOEVER MADE BY YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, DAMAGES FOR LOSS OF CONFIDENTIAL INFORMATION, LOSS OF DATA, FAILURE TO MEET ANY STATUTORY DUTY/DUTY OF REASONABLE CARE/DUTY IN GOOD FAITH, ECONOMIC/NOTIONAL LOSS, LOSS FOR BUSINESS INTERRUPTION, GOODWILL, DAMAGE AND LOSS OF DATA OR PROGRAMS, OR OTHER INTANGIBLE LOSSES (EVEN IF SAFEHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INLCUDING, WITHOUT LIMITATION: (I) ARISING DUE TO YOUR USAGE OF THIS SOFTWARE; (II) YOUR NEGLIGENCE OR INABILITY OF USING THE SOFTWARE OR SUPPORT; (III) ANY DISPUTE BETWEEN YOU AND THIRD PARTY WITH RESPECT TO AVAILING THIS SOFTWARE; (IV) YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER INDIVIDUAL AND/OR ENTITY; (V) YOUR BREACH OF THE AGREEMENT; (VI) YOUR VIOLATION OF ANY PROVISIONS UNDER ANY LAWS/STATUTES/ACTS, INCLUDING, WITHOUT LIMITATION, IN INDIA OR OTHER COUNTRY; AND/OR (VII) THE FAILURE OF SAFEHOUSE TO PROVIDE SUPPORT SERVICE OR ANY OTHER SERVICE/INFORMATION. THIS LIMITATION WILL APPLY TO ALL CAUSES OF ACTION WHETHER ARISE IN EQUITY OR TORT, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND HEREBY RELEASE SAFEHOUSE AND/OR ITS DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS FROM ANY AND ALL OBLIGATIONS, LIABILITIES IN EXCESS OF THE LIMITATION STATED HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN THE EVENT, YOU UNDERSTAND AND ACCEPT THAT THE COMBINATED LIABILITY OF SAFEHOUSE, ITS AFFILIATES, DIRECTORS, AGENTS, EMPLOYEES AND/OR DISTRIBUTORS FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP AND/OR THE ACCOUNTS SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO SAFEHOUSE DIRECTLY BY YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. This Clause shall survive the termination of this Agreement.

Updates and Upgrades.We may from time to time provide updates or upgrades to the App (each a “Revised version”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. To the maximum extent permitted by law, you consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.

Term and Termination.

This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.
Upon termination of this Agreement, you shall cease all use of the App. This Section 19 and Sections 12 (Intellectual Property Rights), 13 (Warranty Disclaimers) 17 (Indemnification. Limitation of Liability), and 20 (Modifications) to 22 (General) shall survive termination of this Agreement.

Modifications. We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective immediately following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.
Governing Law and Disputes.Notwithstanding anything to the contrary and to the fullest extent permissible by law, this Agreement shall be governed by and construed in accordance with the laws of the Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel-Aviv Yafo, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. Nothing in this Agreement shall limit your rights under applicable mandatory law.
General:
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by SafeHouse without restriction or notification. This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and Safehouse concerning the App. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Safehouse without restriction or notification. No amendment to this Agreement will be binding unless in writing and signed by Safehouse. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Nothing in these terms shall limit your rights under applicable mandatory law.
You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government or by India, Singapore, Australia, US, UK and European Union or the European Economic Area as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government or Israel list of prohibited or restricted parties.
If you have any questions, complaints, or claims regarding the App, please contact Safehouse at: Email: support@safehousetech.com

By entering into this Agreement, you, to the maximum extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements