End User License Agreement
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.
Mobile End User Licence Agreement and Conditions of Business
This mobile end-user licence agreement and terms of business (EULA) is a legal agreement between you (End-user or you) and, SwiftAlarm! ESS Ltd. registered in Ireland, registered number 552520 having its registered office at Blair House, Upper O’Connell Street, Ennis, Co Clare, Ireland (Licensor, us or we) for:
- SWIFTALARM GOLD mobile application software (App); and
- any online forms forming part of the App and which must be completed by you in order to activate and use the App, (Documents).
We licence use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site, located at https://play.google.com/store/apps/details?id=com.swiftalarm.app and https://itunes.apple.com/us/app/swiftalarm!-gold/id997339294 (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
Operating system requirements
This App requires a Smartphone device with a minimum of 16GB of memory. Internet access and the Android operating system 2.4 or higher or iOS 6 or higher with GPS and Wifi and/or mobile internet capability and touchscreen.
Where you are a consumer:
- by downloading the App from this website or clicking on the “Accept” button below you agree to the terms of this EULA which will bind you. The terms of the EULA include, in particular, the privacy statement defined in condition 1.5 and limitations on liability in conditions 8, 14 and 15. Where there is a licence fee payable for the App the button will be framed as “Accept and pay”.
- if you do not agree to the terms of this licence, we will not license the App and Documents to you and you must stop the downloading process now by clicking on the “Cancel” button below. In this case the downloading process will terminate.
- as a consumer, you have the right to withdraw from your transaction without charge and without any reason before downloading the App and Documents.
- as a consumer, you acknowledge and agree that you will lose your Statutory 14 Cancellation Right once we, in response to your clicking Accept and pay, permit you to download the App and the Documents and you effect the download. Your Statutory 14 day Cancellation Right is set out at regulation 13 of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 .
- This does not affect your consumer rights for an app or documents that are defective.
You should print a copy of this EULA for future reference.
- 1.1 The terms of this EULA apply to the App and the service accessible through the App (Service), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
- 1.2 From time to time updates to the App may be issued through SwiftAlarm! ESS Ltd. Depending on the update, you may not be able to use the Service until you have downloaded or streamed the latest version of the App and accepted any new terms.
- 1.3 You will be assumed to have obtained permission from the owner of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Device) and to download a copy of the App and the Documents onto the Device. 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 EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
- 1.4 The terms of our privacy statement from time to time, available at www.swiftalarm.com (Privacy Statement/Policy) are incorporated into this EULA by reference. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- 1.5 The following Service will be governed by the terms of this EULA and any terms and conditions incorporated by reference including the Privacy Statement incorporated into this EULA by reference and set out at the following web addresses respectively:
- Service: The Service is a notification solution. It consists of a free and paid service.The free part of the Service called SwiftAlarm! BASIC is: a) for certain places (Lifecircles) where you are often (Home, Work, Car) and the LifeCircle General, i.e. the whole rest of the world, you are allowed to predefine at least one first responder to be notified in case of an emergency; b) the sending of 1 text message,detailing the user and the lifecircle i.e. “the who and the where” to your pre-defined first responder ́s or responders ́ device according to the Lifecircle you defined for your first responder(s). The paid part of the Service is a) the sending of 2 text messages,detailing the user and the other detailing their location which can be viewed on a map i.e. “the who and the where”) to your pre-defined first responder ́s or responders ́ device according to the Lifecircle you defined for your first responder(s). b) the defined first responder’s ability for the particular Lifecircle to look up your GPS based location via the internet link incorporated in the text message sent to the defined first responder by our server
- c) the additional use and registration of self-defined lifecircles by you. In registering for the Service you are required to predefine for certain places (Lifecircles) where you are often (Home, Work, Car, perhaps a park, you like to walk, a gym etc) and the LifeCircle General, i.e. the whole rest of the world, you are allowed to predefine at least one first responder to be notified in case of an emergency; and d) the secure storage of your data on our non-cloud server. All is paid for by you; the use of a) will not be charged to any first responder. The Service will not work unless you have predefined first responders for LifeCircles. The Service is provided for non-commercial use only, and may only be activated on the device that you own, and can be used under the same name using the backup facility internally provided. Additional devices may require an additional registration. You are only allowed to register once and under your real name. You are not allowed the use of another name or profile. By registering for the Service your information will be stored and your location is traceable.
- Web address of privacy statement or policy: www.swiftalarm.com/mobile_privacy
- 1.6 By using the App or the Service, you consent to us collecting and using information about your location from time to time and using technical information about the Device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
- 1.7 The Service will make use of location data sent from the Device. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use this Service, you consent to our transmission, collection, maintenance, processing and use of your location data and queries to provide and improve the Service. You may withdraw this consent at any time by turning off the location services settings on your Device, in which case we will no longer be able to provide the Service.
- 1.8 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies or statements (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
- 1.9 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2.GRANT AND SCOPE OF LICENCE
- 2.2 You may:
- (a) download or stream a copy of the App onto your Android Smartphone (Device) and to view, use and display the App on the Device for your personal purposes only; and
- (b) use the Documents for your personal purposes only.
3. LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
- (a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
- (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
- (c) not to make alterations to, or modifications of, 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;
- (d) 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 that is permissible by law) 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:
- (i) is used only for the purpose of achieving inter-operability of the App with another software program;
- (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- (iii) is not used to create any software that is substantially similar to the App;
- (e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
- (f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
- (g) 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
- (h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together Licence Restrictions.
4. ACCEPTABLE USE RESTRICTIONS
- (a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
- (b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
- ( c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- (d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- (e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; and
- (e) not use other services than those expressly allowed by us in a prior, written statement, in particular call centers or ambulances or health or emergency organisations nor offer services to other users of the service and app in relation to the app, in particular call centers.
5. INTELLECTUAL PROPERTY RIGHTS
- 5.1 You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
- 5.2 You acknowledge that you have no right to have access to the App in source-code form.
6. LIMITED WARRANTY AND SUPPORT AND YOUR OBLIGATIONS
- 6.1 We warrant that:
- (a) the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and
- (b) that the Documents correctly describe the operation of the App in all material respects, for a period of 30 days from the date on which the App is downloaded or streamed to the Devices (Warranty Period). This warranty does not apply to the Service.
- 6.2 If within the Warranty Period you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to a refund of the fee you paid to us for the App and the Device. Save as provided by applicable consumer protection law and where you are a consumer, this shall be your sole remedy.
- 6.3 The warranty does not apply:
- (a) if the defect or fault in the App results from you having amended the App;
- (b) if the defect or fault in the App results from you having used the App in breach of any of the terms of this EULA;
- (c) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
- (d) if the defect or fault relates to the Service.
- 6.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described under the laws of Ireland.
7. DETAILS ABOUT PROVISION OF ANY SUPPORT FOR APP AND THE SERVICE
In order for us to provide the Service, you must provide us with certain personal data relating to you and your designated first responder each time you use the App and the Service. Our provision of the Service is conditional on you providing us with that personal data and also conditional on you performing your obligations as set out condition 16 below.
8. LIMITATIONS AND EXCLUSIONS FROM LIABILITY
- 8.1 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 as described in the Documents meet your requirements.
- 8.2 We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 8.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition
- 8.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
- 8.4 Our maximum aggregate liability under or in connection with this EULA , in contract, negligence, under statute or otherwise (including for any breach or series of breaches of this EULA, whether or not those breaches are connected) shall in all circumstances be limited to the fees exclusive of vat received by us from you in the previous 120 days. This does not apply to the types of loss set out in condition
- 8.5 Nothing in this EULA shall limit or exclude our liability for:
- (a) death or personal injury resulting from our negligence;
- (b) fraud or fraudulent misrepresentation; and
- (c) any other liability that cannot be excluded or limited by the laws of Ireland.
- 9.1 We may terminate this EULA immediately by written notice to you
- (i) if you commit a breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice in accordance with this EULA requiring you to do so;
- (ii) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
- 9 9.2 We may terminate our provision of the Service on 30 days notice to you, without liability on our part.
- 9.3 We reserve the right to suspend, the Service with or without cause, and with or without notice. Cause for such action shall include
- (a) you withdrawn your consent under condition 1.8,
- (b) a request from the designated first responder that we not provide any messages to him or her or not communicate with him or her
- (c) a breach of any provision of this EULA or any other policies or guidelines created for the Service;
- (d) a request by you to cancel the Service
- (e) a request and/or order from law enforcement, a judicial body, or regulatory body or other government agency;
- (f) unexpected technical or security issues or problems;
- (g) your participation in fraudulent or illegal activities; or
- (h) failure to pay any fees owed by you in relation to the Service .
- 9.4 On termination for any reason:
- (a) all rights granted to you under this EULA shall cease;
- (b) you must immediately cease all activities authorised by this EULA, including your use of the Service;
- (c) you must immediately delete or remove the App and the Device, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so;
- (d) we may remotely access the Devices and remove the App from all of them and cease providing you with access to the Service and the Appstore.
10. COMMUNICATION BETWEEN US
- 10.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to firstname.lastname@example.org or by prepaid post to the registered office of SwiftAlarm! ESS Ltd – Customer Help. We will confirm receipt of this by contacting you in writing, normally by e-mail.
- 10.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App. 10.3 You agree by your downloading the App and the Documents and your use of the Service, that you are bound by this EULA. You acknowledge and agree that we can communicate including service notice on you by email and any such notice or communication shall be valid and enforceable.
11. EVENTS OUTSIDE OUR CONTROL
- 11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control including failure of public or private telecommunications networks (Event Outside Our Control).
- 11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA our obligations under this EULA will be suspended and
- 1the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. 11.3 You may cancel the Service if an Event Outside Our Control takes place and you no longer wish us to provide the Service.
12. OTHER IMPORTANT TERMS
- 12.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
- 12.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- 12.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- 12.4 Each of the conditions of this EULA 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.
- 12.5 Please note that this EULA, its subject matter and its formation, are governed by the laws of Ireland. You and we both agree that the courts of Ireland will have non-exclusive jurisdiction. However if you are a consumer, you may bring a claim to enforce your consumer protection rights in connection with this EULA in Ireland or in the EU country in which you live.
- 12.6 Unless amended by us, this EULA constitutes the entire agreement between you and us for the Service and the provision of the App and the Documents.
Where activation or use of the Service requires the provision of your userid and a password and the establishing of an account, you acknowledge and agree that you are responsible for safeguarding the password that you use to access the Service and are responsible for any activity using your account, whether or not you authorised that activity. You should immediately notify us of any unauthorised use of your account.
14. SERVICE RELATED CONDITIONS, LIMITATIONS AND EXCLUSIONS
The provision of the Service is subject to the use and availability of appropriate network connections and your having at all times a binding contract with your network provider for that level of communications service generally available in the territory in which you are located and being not less than a 3G service. The provision of the Service is further conditional on (i) your providing us with your location information, such as GPS and Device id, (ii) your Device’s ability to acquire satellite and mobile phone signals, which are typically not available indoors and network coverage. Network coverage and satellite signals are dependent on a 1number of factors not within our control including weather, topographical changes, the functionality of various satellites, mobile phone towers, clouds, and other factors. In addition, some areas, such as schools, are equipped with cell phone inhibitors that interfere with all phone communications. The Device will not work, and the Service will not work, under such circumstances. GPS location readings are inherently subject to “bounce” which can affect accuracy in varying increments, generally not exceeding 500 ft, but on occasion in excess of 2000 ft. Additionally you acknowledge and agree that Device id is subject to technical limitations and is generally not as accurate as GPS is sometimes not precise and GPS chips may malfunction or suffer errors. Moreover, Service operation and use depends on availability of mobile phone communications which might be weak or non-existent in certain areas. No service may be available in countries, in which google maps cannot be accessed, such as P.R. China. Service may be restricted by the laws of your country, technical issues of your smartphones or other device, your network, network provider, slow mobile internet, slow connectivity between our server and Google Map services, our server and OpenMap server services, precision of GPS location services, your own acumen and precision when defining LifeCircles, changing of telephone numbers, internet access problems, server crashes and attacks on servers and realted shut-downs of access or servers or both, virus infections of this or another app, other issues of Android operating systems in particular different Android versions among different smartphone producers. For further explanantions of limitations and potential problems known to us please see your website. Our promise : We promise we did our best to make it an app that everyone of us would like his or her prents to use. That is why we do not offer it currently on iOS, as iOS restricts the functionality of our system (text messages and calls must be accepted when they are sent from the app, we consider that too dangerous for use in an emergency, as it would create a false sense of security).
15. SERVICE WARRANTY
The Service is provided ‘as is’ and to the extent permitted by applicable law, we exclude all representations, warranties, conditions and other terms not expressly stated in this EULA, including any implied warranties or conditions as to non-infringement of third party rights and fitness for a particular purpose in relation to your use of the Service . We do not warrant that your use of the Service will be uninterrupted, available at all times or free from interference. You agree that your use of the Service is at your sole risk. Any claims from any first responder predesigned by you or from any other person a first responders or another person sends the information and text messages received to and consequent actions and potential cost will not be warranted and not caused by us. We make no warranty that the Service is error-free, free from interruptions or free from other failures or that the Service will meet your requirements. We expressly disclaim any liability for damages arising from the usage of this Service or any other damages including but not limited to loss of profit, loss of data, loss of business or missed opportunities,
1any loss or damage that is not directly caused by us or which we could not reasonably expect at the time you entered into this EULA. The terms of this EULA will not affect any rights which you may have under any law and which we cannot exclude by agreeing it with you. IMPORTANT : The SwiftAlarm! app and service are not intended to diagnose, treat, cure or prevent any disease. It is to enhance your family and friends ́ wellbeing only and thus your and their lifestyles. Do use it freely yet not for any other reason.
16 UNDERTAKINGS, WARRANTIES AND REPRESENTATIONS
You undertake to provide such information as we require when downloading the App and the Documents in order for us to provide the Service. You undertake to comply with all of our reasonable requests for information or instructions in order for us to provide the Service. You undertake to comply with all applicable laws and regulations in downloading the App, the Documents and using the Service. You represent and warrant that you have the consent at all times of your designated first responder to provide us with any data personal or otherwise relating to him or her or his or her device and to communicate with him or her including text or phone him or her. You represent and warrant to us that information or data you provide to us at any time is and remains, accurate, up to date and true and will not breach any applicable law or regulation or infringe any third party intellectual property right. You represent and warrant to us that information or data you provide to us is not defamatory, libellous, hateful biased or offensive, unlawfully threatening or unlawfully harassing to any person or that advertises or publicises any services, goods or web links to other sites. You acknowledge and agree that we are not undertaking the Service to your designated first responder for the Life circle concerned or to the designated first responder for any Lifecircle and that we have no contractual relationship with any of them. You undertake to indemnify us and keep us indemnified from any claim, liability or loss, made or suffered by your designated first responder, arsing out of your entering into this EULA including your use of the Service and or our provision odf the Service to you. You undertake to ensure that your device meets the system requirements of the Service, this includes obtaining updates or upgrades from time to time, in order to continue using the Service.
17. SERVICE CHANGES
We reserve the right to amend, revise or change the Service. For material changes we may send an email to the email address you provide us notifying you of such. It is your responsibility to check the website and/or the email address for any such
1notices. By continuing to access or use the Service as amended, revised or changed after revisions become effective, you agree to be bound by the revised Service.
You undertake to pay when required by us or the Appstore from which you acquire the Service, the fees applicable to the Service at such times and by such means as required from time to time.
If you have a complaint in relation to the Service, you can contact us on email@example.com as soon as possible but immediately after the incident which gives ground for a complaint. In doing so, we would ask you to provide us in writing with sufficient background information for us to verify the complaint and evaluate the complaint; you allow us to download your logfile from your device. We cannot process any complaint about an incident if and after the Device used has been switched or turned off after the incident. Please note that any complaint in relation to your network operator o be taken up with the network operator concerned. We will not download any other personal data from another app on your Device. We will endeavour to respond to any complaint as quickly as possible. Our ability to respond will be dependant on the nature and complexity of your complaint, the extent to which we can contact you to get information on the complaint and the extent to which we need to obtain information from a third party relevant to the complaint to frame a response (to the extent relevant). Subject to the conditions of use, we will use reasonable endeavours to find a satisfactory solution to your complaint. However this shall not apply where the complaint is vexatious or where it is clearly unsubstantiated or malicious.