Last updated: 09/03/2022
MOBILE SERVICES ADDITIONAL TERMS
Mobile Software offers safety solutions for mobile phones and other devices directly to end users through application platforms, or indirectly through corporations and other entities such as alarm centers, colleges, mobile phone operators and, mobile phone manufacturers (“Partners”).Standard-rated text messages are part of the Services. For example, text messages are sent when a location request is made and no internet connection is available, if the safety alarm is triggered, or when settings are synchronized between the phone and portal and no internet connection is available. Messaging and data rates may apply depending on the terms of your individual mobile service plan.To subscribe to the Services, you can download our apps from various app stores, deep links etc and follow setup instructions inside the app, or go to www.getbsafe.com for more information. To cancel a free subscription, remove the app from the phone. To cancel a premium subscription, go to your account inside the app and change subscription in-app settings. If you have an iTunes subscription you must unsubscribe to the Services in your iTunes account. To get help, email us at firstname.lastname@example.org.
LINKS TO THIRD PARTY SITES
USE OF THE SERVICES
YOU AGREE THAT YOU SHALL NOT:
Mobile Software takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. Mobile Software makes no representations or warranties as to the interoperability of the Services with any network or servers. You acknowledge that Mobile Software shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the Services to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the Services.You acknowledge and recognize that the Services is a self-help service provided through our Partners, applications, mobile networks, and the internet, and that Mobile Software does not always control or endorse the involvement of its users in the Services, including who is a user, administrator or co-administrator and, therefore, Mobile Software specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Services users are not authorized Mobile Software spokespersons, and their views do not necessarily reflect those of Mobile Software.Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.Content Provided to Mobile Software on or through the Services Mobile Software does not claim ownership of the materials you provide to Mobile Software or post, upload, input or submit to the Services (including pictures, personal details, feedback and suggestions) (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mobile Software, its affiliated companies and necessary sublicensees a worldwide, royalty free, transferable, perpetual right and license to use your Submission in connection with the operation of Mobile Software’s and its affiliates’ businesses including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat your Submission.No compensation will be to you paid with respect to the use of your Submission, as provided herein. Mobile Software is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mobile Software’s sole discretion.By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant to Mobile Software the rights and licenses set forth above. You agree that you shall defend, indemnify and hold harmless Mobile Software and its affiliates, officers, directors, employees and agents from and against any and all third party claims (and any and all resulting losses, damages, liabilities, costs and expenses) alleging that your Submission or Mobile Software’s use of your Submission in accordance with the rights and licenses granted above violates, infringes or misappropriates the rights of any third party or violates applicable law.
COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
Notice of Copyright or Intellectual Property Infringement. We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the Services has infringed your intellectual property rights, pursuant to applicable copyright law.To be effective, the notification must include:identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;identification of the claimed infringing material and information reasonably sufficient to permit Mobile Software to locate the material on the Services;information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and your physical or electronic signature.You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Services without liability. Counter-Notice by Accused User. If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to our designated agent below.That written communication must include the following:your physical or electronic signature;identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Courts of Oslo, Norway, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.Please send all notices under the above copyright infringement policies by email or mail to the following individual, designated as Mobile Software’s agent for receipt of notifications of claimed infringement:
Repeat Infringers. Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
DISCLAIMERS AND LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MOBILE SOFTWARE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. MOBILE SOFTWARE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND MOBILE SOFTWARE WEBSITES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ABSENCE OF ERRORS, BUGS, VIR– USES, AND/OR MECHANISMS WHICH MAY DISABLE, DAMAGE OR INTERFERE WITH COMPUTER SYSTEMS OR NETWORKS.YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES AND MOBILE SOFTWARE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND THAT MOBILE SOFTWARE SHALL HAVE NO LIABILITY FOR SUCH ERRORS. YOU ACKNOWLEDGE AND AGREE THAT MOBILE SOFTWARE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AND ON THE MOBILE SOFTWARE WEBSITES AT ANY TIME WITHOUT NOICE OR LIABILITY TO YOU.INFORMATION YOU MAY RECEIVE VIA THE SERVICES OR MOBILE SOFTWARE WEBSITES MAY NOT BE RELIED UPON BY YOU FOR PERSONAL, SECURITY, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES OR MOBILE SOFTWARE WEBSITES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBILE SOFTWARE OR THROUGH THE SERVICES OR MOBILE SOFTWARE WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF — USE.THE SERVICES ARE PROVIDED TO HELP WITH PERSONAL SAFETY, BUT YOU SHOULD ALWAYS USE COMMON SENSE AND SEEK HELP WHEN IT IS NEEDED. MOBILE SOFTWARE CANNOT AND DOES NOT GUARANTEE THAT ANY EMERGENCY PERSONNEL WILL RESPOND IN A TIMELY MANNER OR AT ALL, OR THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND. ADDITIONALLY, EMERGENCY RESPONSE PERSONNEL MAY NOT RESPOND BECAUSE OF LOCAL LAWS, REGULATIONS OR POLICIES. YOU SHOULD VERIFY THAT APPROPRIATE EMERGENCY PERSONNEL HAVE BEEN CONTACTED AND HAVE ALL INFORMATION NEEDED TO RESPOND TO THE EMERGENCY.MOBILE SOFTWARE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES OR THE MOBILE SOFTWARE WEBSITES FOR ANY PURPOSE OR THE AVAILABILITY OF ANY NETWORKS OR COMMUNICATIONS LINES OR FUNCTIONING OF ANY MOBILE PHONE OR DEVICE NECESSARY FOR THE SERVICES. MOBILE SOFTWARE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RISE IN CONNECTION WITH OUR PTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOBILE SOFTWARE AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) BE LIABLE (i) FOR DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU TO MOBILE SOFTWARE IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM, OR (ii) ANY DAMAGE CAUSED BY OR IN CONNECTION WITH OUR PARTNERS DELIVERY OF THE SERVICES OR (iii) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF — USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE — USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO — USE THE SERVICES, MOBILE SOFTWARE WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES OR MOBILE SOFTWARE WEBSITES, OR OTHERWISE ARISING OUT OF THE — USE OF THE SERVICES OR MOBILE SOFTWARE WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOBILE SOFTWARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECA– USE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.TO THE EXTENT MOBILE SOFTWARE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF MOBILE SOFTWARE’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR MOBILE SOFTWARE WEBSITES, OR WITH ANY OF THESE TERMS OF — USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND MOBILE SOFTWARE WEBSITES.
Mobile Software reserves the right, in its sole discretion, to terminate your access to the Services and Mobile Software Websites and the related services or any portion thereof at any time, without notice.
RIGHT OF WITHDRAWAL
When buying services online you may have the right to a 14 day cooling off period in which you can cancel your subscription to the Services. This does not, however, apply in so far as (i) the delivery has already commenced and this is undertaken with the prior consent of the consumer and (ii) the consumer has declared that he/she thereby waives his/her right of withdrawal. By accepting these terms and subscribing to the Service you hereby waive your right of withdrawal.
COPYRIGHT AND TRADEMARK NOTICES
Other than Submissions belonging to users, we own or license the content on the Services and Mobile Software Websites, including software, text, visual and audio content (referred to together as “Content”) and Mobile Software’s trademarks, logos, and brand elements (referred to as “Marks”). The Content and Marks are protected under applicable national and international laws. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
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