SAFEUP LEGAL NOTICE

SafeUP - Women's Safety Net

Safeup US LLC

16192 Coastal Hwy, Lewes, DE 19958

CEO: Neta Schreiber

Contact: hello@safeup.co 

Terms of Use

Last Updated: October 2, 2022

 

Welcome to SafeUP, a Community of women that are vetted through advanced technology combined with in-person authentication. If you feel unsafe on the street, open the app to instantly see Guardians available in your area that is on hand to help. SafeUP offers love, understanding, and support through a shared dream, a safer world, and equal opportunities for women!

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP and SERVICE.

 

By accessing or using the SafeUP website, available at: https://www.safeup.co/ ("Site"), clicking the “accept” or “ok” button, or installing and/or using the SafeUP mobile software application called SafeUP ("App") you expressly acknowledge and agree that you are entering into a legal agreement with SafeUP Ltd. ("SafeUP", "we", "our" or "us") and have understood and agree to comply with, and be legally bound by, these Terms and Conditions together with the SafeUP Privacy Policy available at: https://www.safeup.co/privacy-policy ("Privacy Policy", and together with these Terms and Conditions, the "Terms"). You hereby waive any applicable rights to require an original (non-electronic) 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 the Terms please do not download, install, access or use the Site and/or App.

 

1. ABILITY TO ACCEPT TERMS.

In order to preserve the feeling of safety and comfort for all our Members (as defined below) we do not allow males into our network. The App and Service are only intended for users aged thirteen (13) years or older. If you are under the age of thirteen (13) years, please do not use the App and Service. If you are between the age of thirteen (13) years and sixteen (15) (inclusive), (other than in the United States) please read the Terms with your parent or guardian, and refrain from using the Site, App and Service if your parent or guardian has not consented your use.

 

2. THE SERVICE AND APP.

  1. SafeUP is a community safety network that enables women to protect one another and feel more safe and secure going through their daily lives ("Service"). The Service is intended to unite women under the common goal of mutual protection and safety, we are fighting to ensure that every woman feels safe, protected, and empowered.
     

  2. The Service is made available to you via our App, which is intended for private non-commercial use only and not intended for any use by for commercial purposes or for corporations, business or on their behalf. By using such App you hereby confirm and represent that you are a private user making use of the App for private non-commercial usage.
     

  3. To enable use of the App and Service, we need information about you, such as: full name, phone number, month and year of birth, profile photo, access your geographic location and with access to the video and audio within your Device (as defined below), said information shall be made available to other users of the App and is needed in order to enable you to connect to Members and Guardians in a video or audio call. Please refer to our Privacy Policy available at: https://www.safeup.co/privacy-policy, to help you understand what information we collect, how we use it and what choices you have when you use our App and Site.
     

  4. In order to use our App, you consent to manually or automatically download and install updates and upgrades to our App, and agree that the Terms will apply to such updates and upgrades. You also consent to us sending you notifications from time to time, as necessary to provide the App and our Service to you and to communicate with you. We may also send you SMS messages, push notifications and in-app notifications which may include certain marketing materials.  You may change the settings within your Device to block push notifications and in-app notifications, and unsubscribe from receiving marketing related SMS messages by contacting us at: privacy@safeup.co.
     

  5. THE SERVICE IS NOT, AND NOT INTENDED TO BE EMERGENCY SERVICES OR PROFESSIONAL SUPPORT SERVICES. SAFEUP CANNOT GUARANTEE THAT THE SERVICE WILL PREVENT CASES OF SEXUAL AND PHYSICAL HARASSMENT AND ASSAULT, OR MAKE YOU FEEL LESS UNSAFE.
     

  6. THE SERVICE UTILIZES THE INTERNET AND YOUR GEOGRAPHIC LOCATION, SAFEUP CANNOT GUARANTEE THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES. THE SERVICE IS PROVIDED VIA A NETWORK OF GUARDIANS WITHIN YOUR AREA, WE CANNOT GUARANTEE THAT GUARDIANS SHALL BE AVAILABLE AT ALL TIMES IN ORDER TO ASSIST AND PROVIDE YOU WITH SUPPORT. IF WITHIN YOUR DAILY LIFE YOU FEEL UNPROTECTED, UNSAFE OR HARASSED WE ENCOURAGE YOU TO SEEK INDEPENDENT PROFESSIONAL ADVISE, SUCH AS BY CALLING THE POLICE AND/OR CONSULTING WITH YOUR LOCAL COMMUNITY SERVICES.

 

3. ACCOUNT

  1. In order to access the App and use the Service, you must set up an account ("Account"). You agree not to create an Account for anyone else or use the account of another person. When creating your Account, you must provide accurate and complete information. You are solely responsible and liable for the activity that occurs in your Account, and you must keep your Account secure. You must notify us immediately of any breach of security or unauthorized use of your Account. We can terminate or disable your Account immediately to protect our App or Service, or if you create risk or legal exposure for us, violate the Terms, if you infringe other people’s intellectual property rights, if we suspect misuse by you of Information (as defined below), Content or the Service. If we take action to disable or terminate your Account, we will notify you where appropriate. If you believe your account has been terminated in error please contact us via the chat within the App. If you wish to delete your Account you may send an email request to SafeUP at privacy@safeup.co, or otherwise click the "Delete Account" button within the App.
     

  2. We utilize business intelligence to evaluate the validity of your profile before completing verification so as to ensure the security of our safety network. As such, and in order to complete a simple verification process we will ask you to enable your video and audio when you first download the App. For clarity, we reserve the right to approve or disapprove any Account at our entire and sole discretion, and are not required to disclose the reasoning of such approval or disapproval. Only after we have confirmed your profile, you will be verified and able to use the Service.

 

4. MEMBERS, GUARDIANS, AMBASSADORS, COMMUNITY MANAGERS

  1. Members. Community members ("Member(s)") are verified users who choose to use SafeUP in order to feel safer. The home screen of the App shows each Member all the nearby Guardians and Members and gives each Member a feeling of safety knowing that several Guardian and Members are in her proximity. If you are a Member, or a Guardian, and feel unsafe you can activate several services within the app, such as, but not limited to, Safety Checks or Safety Call[TA1] [TA2]  and you will be connected with one or more Guardians[TA3]  within your proximity, or to a representative of our customer service, with whom you can conduct an audio or video conversation via the App. The conversation with other women in your community is intended to give you a sense of safety and company. However, the Guardians are not in a position and/or supposed to provide emergency services, and as such, if you feel in immediate danger please contact the local police immediately. Please be aware that if the Guardian(s) are under the impression that you are in immediate danger or that the police's involvement is necessary they may add the police to the call.  
     

  2. Guardians. If you are a Member and at least eighteen (18) years old you may complete the guardian training and submit a request to become a guardian and help support other Members feel safe ("Guardian"). For clarity, we reserve the right, at our sole and entire discretion to approve or disapprove your request to become a Guardian, and are not required to disclose the reasoning of such approval or disapproval. In order to become a Guardian, you will be required to complete our guardian training which will be made available via the App and includes several short videos and questions you will be required to answer. Following our approval as a Guardian, you will receive alerts via the App of Members in your proximity who feel unsafe. If you are ready and able to assist, you will be connected to an audio or video call with a Member in plight, and will be responsible to provide support over the call, listening non judgmentally to her and helping her feel safe. You will either provide support independently or join a call with another Guardian. Please assess the situation cautiously and do not put yourself in danger. If the situation is dangerous or if you feel that the situation cannot be resolved via that call, do not hesitate to immediately add the police or emergency services to the call or suggest that the Member contact her friends or family for additional support. If your assistance via the call does not solve the situation, and the situation does not seem dangerous, you may make your way to the Member as soon as possible, however, if when going to the location there is any risk of physical danger, do not put yourself in any danger, add the police to the call and make sure that they come as soon as possible. After an event SafeUP may contact you to gather information regarding the event and understand how the technological elements of the Service can be improved and provide better assistance for future cases.
     

  3. Ambassadors. If you are a Guardian, you may apply to become an Ambassador, and volunteer to actively promote and raise awareness to SafeUP the Service, and the App to your peers, acquaintances, colleagues and other individuals. As an ambassador you may disseminate the App and create cooperatives and promote initiatives to increase safety within your proximity such as, within your neighborhood, work environment, university or college campus . You may apply to become an Ambassador by filling out a form on the Site, your application will be assessed by SafeUP, which may, at its sole discretion engage you as an Ambassador. Each Ambassador must commit to at least 20 monthly hours, and execute a written agreement with SafeUP. For clarity, each Ambassador volunteers at SafeUP and under no circumstances shall an Ambassador be deemed as an employee of SafeUP for any purpose, and at any stage SafeUP may, at its sole discretion, discontinue your engagement as an Ambassador. As an Ambassador you may have access to certain information regarding Members and Guardians, which you may use solely as necessary in order to fulfill your duties as an Ambassador. 
     

  4. Community Managers.  If you are a Guardian, you may apply to become a community manager, and volunteer to assist us in managing a community of Members and Guardians within your proximity, and will manage various platforms and events such as managing an online chat, WhatsApp group and organizing events in your area ("Community Managers"). You may apply to become a Community Manager by filling out a form on the Site, your application will be assessed by SafeUP, which may, at its sole discretion engage you as a Community Manager. Each Community Manger must commit to at least four (4) weekly hours, and execute a written agreement with SafeUP. For clarity, each Community Manager volunteers at SafeUP and under no circumstances shall a Community Manager be deemed as an employee of SafeUP for any purpose, and at any stage SafeUP may, at its sole discretion, discontinue your engagement as a Community Manager. As a Community Manager you may have access to certain information regarding Members and Guardians, which you may use solely as necessary in order to fulfill your duties as a Community Manager.  

 

5. USER SUBMISSIONS, USER INFORMATION

  1. The App may include an online chat which will enable you to host, share, post and publish content with us and with other Members ("User Submissions"). Your User Submissions may be posted to the App and Site, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.
     

  2. You represent and warrant that you own or have the necessary rights and permissions to use and authorize SafeUP to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by these Terms.
     

  3. By submitting the User Submissions, you hereby grant SafeUP a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site, App, Service, SafeUP's social media pages and SafeUP's business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the App or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
     

  4. If you engage within a WhatsApp group related to the Service, which may be managed by our representative or Community Member, you hereby acknowledge and agree that said engagement is entirely at your own risk and is subject to the WhatsApp terms of service and privacy policy, as may be updated from time to time. You further acknowledge and agree that we may have access to your engagement within the WhatsApp group.
     

  5. During a call you will share certain information with the other participants in the call (Guardians or Member, as the case may be) such as information regarding the situation, your location and how you are feeling ("User Information", and together with the User Submission, the "Information"). You and each Member and Guardian are prohibited from using the Information in any way other than as necessary to provide or obtain support during the call, report to SafeUP about the call and use the chat. You understand that despite this prohibition, we do not control use of such Information by other Members or Guardians, and that you are solely responsible for the Information you share with them, its confidentiality and the consequences of sharing, posting or publishing it.
     

  6. You represent and warrant that your Information will not (a) be knowingly deceptive, misleading or inaccurate, harmful, abusive; (b) be subject to third party proprietary rights, including privacy and publicity rights; (c) promote illegal drugs, violate export control laws, relate to illegal gambling, or illegal arms trafficking; (d) be unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violates any law, or be inappropriate.
     

  7. You understand and acknowledge that when accessing and using the Service and App you will be exposed to Information provided by Members and Guardians, and that SafeUP is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such Information. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against SafeUP with respect to the above.
     

  8. You understand and acknowledge that we record all videos and audio calls, and may access, read, preserve, and disclose any Information or any other information that we obtain in connection with the App as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your user support requests, or (v) protect the rights, property or safety of SafeUP, our users or the public.

6. LICENSE

Subject to the Terms, SafeUP grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, fully revocable right and license ("License"), to: (i) download, install and use the App on a mobile telephone (“Device”) that you own or control; and (ii) access and use the App on that Device in accordance with the Terms and any applicable Usage Rules (defined below). This license is for the sole purpose of letting you use the Service in a way that these Terms and our Privacy Policy, allow. For clarity, nothing in the Terms allows you to make use of the App and/or Service for commercial purposes and/or benefit. Except for the License, you are granted no other right or license in or to the App or Service, and any right not expressly granted is hereby reserved by us and our licensors. We may, but are not obligated to, monitor your use of the App and Service. We may (but are not required to), from time to time, modify and replace the features and functionalities, as well as the user interface, of the App and Site, and modify, update or replace Content.

 

7. USAGE RESTRICTIONS

Except as expressly permitted by the Terms and the License, you shall not do (or permit or encourage to be done) any of the following License restrictions (in whole or in part): (a) copy, download, email, fax, store, manufacture, "frame" or "mirror" the App or Service; (b) sell, assign, transfer, lease, rent, sublicense, or otherwise distribute, display or make available the App or Service to any third party (such as offering it as part of a time-sharing, outsourcing or service bureau environment); (c) publicly perform, display or communicate the App or Service; (d) modify, adapt, translate, or create a derivative work of the App or Service; (e) decompile, disassemble, decrypt, reverse engineer, or extract or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms) or internal composition of, the App or Service; (f) remove, alter, or conceal any copyright, trademark, or other proprietary rights notices displayed on or in the App or Service; (g) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the App or Service; (h) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications (i) use the App or Service to develop any service or product that is the same as (or substantially similar to), or otherwise competitive with, the App or Service; (j) store or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the App or Service; (k) take any action that imposes or may impose (as determined in SafeUP's reasonable discretion) an unreasonable or disproportionately large load on the servers, network, bandwidth, or other cloud infrastructure which operate or support the App or Service, or otherwise systematically abuse or disrupt the integrity of such servers, network, bandwidth, or infrastructure; or (l) use the App or Service in connection with any internal performance testing or benchmark studies of which the results are designed or likely to be published in any form or media, or otherwise made available to the public, without our prior express written approval, or otherwise disclose or publish such results.

 

8. PAYMENT

  1. Your general right to access and use the Site and App and your license to use the Service is currently for free, however, in the future, SafeUP may charge a fee for certain features and/or uses. You will not be charged for any such use of the App unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the App.
     

  2. Please be aware that your use of the App may require and utilize internet connection or mobile data usage, and that the Service will not work in areas outside your wireless service coverage area. To the extent that third party service provider or carrier charges for your internet or data usage resulting from the use of the Service, you agree to be solely responsible for those charges. Consult your mobile operator concerning your plan, data rate charges and limits.

9. OWNERSHIP

  1. SafeUP (and/or its licensors and suppliers, as applicable) is, and shall be, the sole and exclusive owner of all right, title and interest (including without limitation all Intellectual Property Rights, as defined below) in and to: (a) the App and Service; (b) the content on the Site, App and Service, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, images, photos, sounds, videos, interactive features, and services (collectively, the "Content"); (c) the trademarks, service marks and logos contained therein, including the "SafeUP”, the SafeUP logo, and other marks are Marks of SafeUP or its affiliates ("Marks"); (d) any feedback, suggestions, or ideas for or about the App or Service (collectively, "Feedback"); and (e) any non- identifying information, data, reporting, suggestions, analyses, and/or intelligence relating to the operation, support, and/or use, of the App and/or Service (such as metadata, aggregated data, analytics, security findings or discoveries).
     

  2. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, 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, foreign or domestic. 
     

  3. All Content on the Site and App is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Site, App the Service and the Content.

 

  1. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the App and Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the Content.

 

10. USAGE RULES

If you are downloading the App from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section entitled ‘Distributor Requirements and Usage Rules’, but other 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 incorporated into the Terms by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.

 

11. LINKS.

  1. The Site, App and any marketing communication send to you may contain links, and may enable you to post content, to third party websites that are not owned or controlled by SafeUP. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party websites; and (ii) expressly release SafeUP from any and all liability arising from your use of any third party websites. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party websites that you may choose to visit.
     

  2. SafeUP permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with SafeUP or present any false information about SafeUP and shall not imply in any way that we are endorsing any services, unless we have given you our express prior consent; (iv) you shall not link from a Site ("Third Party Site") which prohibits linking to third parties; (v) such Third Party Site does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your Site, comply with the Terms and applicable law.

 

12. DEVICES

Certain personal information and other information provided by you in connection with your use of the App and Site may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.

13. WARRANTY DISCLAIMERS

  1. THIS SECTION APPLIES WHETHER OR NOT THE SERVICE AND ANY SERVICES PROVIDED UNDER THE SITE AND APP ARE FOR PAYMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.
     

  2. THE SERVICE IS DESIGNED AS A TOOL TO PROVIDE YOU WITH SUPPORT AND A SENSE OF SAFETY, AND IS NOT INTENDED TO PROVIDE EMERGENCY AID. YOU SHALL NOT RELY ON THE AVAILABILITY OF THE SERVICE AND/OR EXPECT THAT AT ALL TIMES GUARDIANS WILL BE LOCATED IN YOUR PROXIMITY AND AVAILABLE TO ASSIST YOU. IF YOU FEEL UNSAFE DO NOT HESITATE CONSULTING WITH FRIENDS AND FAMILY, AND TO THE EXTENT NECESSARY, CONTACTING THE POLICE AND YOUR EMERGENCY SERVICES. 
     

  3. THE SITE, APP AND SERVICE ARE PROVIDED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL DEFECTS, AND ALL EXPRESS, IMPLIED AND STATUTORY CONDITIONS AND WARRANTIES (INCLUDING WITHOUT LIMITATION ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, UTILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION, NON-INFRINGEMENT, OR QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR USAGE OF TRADE) ARE HEREBY DISCLAIMED BY SAFEUP AND ITS SUPPLIERS AND LICENSORS; AND SAFEUP WILL NOT BE LIABLE FOR ANY USE, OUTCOMES OF USE, OR RELIANCE ON, THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ENGAGEMENTS OR SITUATIONS WHICH YOU MAY ENTER INTO WHILST RELYING ON DETAILS AND INFORMATION INCLUDED IN THE SERVICE OR PROVIDED BY A GUARDIAN, MEMBER, AMBASSADOR, COMMUNITY MANAGER, OR WHILST PROVIDING ASSISTANCE TO MEMBERS OR RECEIVING ASSISTANCE FROM GUARDIANS, INCLUDING WITHOUT LIMITATION, USER INFORMATION. 
     

  4. SAFEUP DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, AVAILABILITY, ACCURACY, SUITABILITY FOR ANY PARTICULAR PURPOSE OR USE, OF THE SERVICE; (B) THAT YOUR USE OF PLATFORM, SITE OR SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; OR (C) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY LAWS, REGULATIONS, OR OTHER GOVERNMENT OR INDUSTRY RULES OR STANDARDS. SAFEUP WILL NOT BE LIABLE OR OBLIGATED IN RESPECT OF YOUR USE OF PLATFORM, SITE OR SERVICE, WHICH IS ENTIRELY AT YOUR OWN RISK. YOU HEREBY WAIVE ANY CLAIMS RELATED TO YOUR USE OF PLATFORM, SITE OR SERVICE AND ANY OUTCOMES THEREOF.
     

  5. SAFEUP DOES NOT GUARANTEE THAT THE SITE, APP AND SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE, APP AND SERVICE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT SAFEUP WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, SERVICE, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE AND/OR SERVICE BY A THIRD PARTY. 
     

  6. YOU SPECIFICALLY ACKNOWLEDGE THAT SAFEUP SHALL NOT BE RESPONSIBLE FOR THE USER INFORMATION OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY MEMBER OR GUARDIAN AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 
     

  7. YOUR RELIANCE ON, OR USE OF, ANY INFORMATION, OR INTERACTION WITH ANY MEMBER OR GUARDIAN, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY MEMBER OR GUARDIAN IN CONNECTION WITH THE SERVICE OR ANY INFORMATION, YOU AGREE THAT SAFEUP IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. SAFEUP RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

14. LIMITATION OF LIABILITY

  1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SAFEUP SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING UNDER THE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, APP AND/OR SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
     

  2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SAFEUP FOR ANY DAMAGES ARISING UNDER THE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE PLATFORM AND/OR SERVICE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO SAFEUP FOR USING THE APP DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. 
     

15. INDEMNIFICATION

You agree to defend, indemnify and hold harmless SafeUP and its 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 and Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property or privacy right; and (iv) your Information or any use by you of any other Member's or Guardian's Information. 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.

16. TERM AND TERMINATION

  1. Term. The Terms are effective until terminated by us or you. We reserve the right, at any time, with or without notice, to: (i) discontinue or modify any aspect of the App and Service; and/or (ii) terminate the Terms 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 the Terms or any subsequent modifications thereto, or become dissatisfied with the App and Service in any way, your only remedy and recourse is to immediately discontinue use of the App and Service.
     

  2. Effect of Termination. Upon termination of the Terms, you shall cease all use of the App. This Section ‎16.2 and Sections ‎9 (Ownership), ‎12 (Personal Information), ‎13 (Warranty Disclaimers), ‎14 (Limitation of Liability), 15 (Indemnity), and ‎17 (Miscellaneous) shall survive termination of the Terms.

 

17. MISCELLANEOUS

  1. Assignment. The Terms may not be assigned, in whole or in part, by you without the prior express written consent of SafeUP, but may be assigned by SafeUP without restriction or notification. Any prohibited assignment shall be null and void.
     

  2. Governing Law; Jurisdiction. The Terms and the relationship between you and SafeUP shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. 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, provided that SafeUP may seek injunctive relief in any court of competent jurisdiction.

    YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE AND/OR APP AND/OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

     

  3. Relationship. You and SafeUP are independent contractors. Nothing in the Terms creates a partnership, joint venture, agency, or employment relationship between you and SafeUP. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of SafeUP.
     

  4. General. The Terms shall constitute the entire agreement between you and SafeUP concerning the Site, App and Service. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms 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 the Terms shall not constitute a waiver of such right or provision. SafeUP reserves the right, at its discretion, to change these Terms at any time. Such change will be effective ten (10) days following SafeUP sending a notice thereof to you, or the posting of the revised Terms on the Site and App, and your continued use of the Site, App and Service thereafter means that you accept those changes.

18. DISTRIBUTOR REQUIREMENTS AND USAGE RULES.

  1. Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:

    1. You acknowledge and agree that:

      1. these Terms is concluded between Steps and you only, and not with Apple, and Steps and its licensors, and not Apple, is solely responsible for the App and the content thereof.

      2. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into these Terms.

      3. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;

      4. Steps is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

      5. Steps is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Steps’ sole responsibility;

      6. Steps, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks;

      7. in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim;

      8. Apple, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

    2. 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 as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

    3. If you have any questions, complaints, or claims regarding the App, please contact Steps at support@steps.me

      By entering into these Terms you, to the extent legally permitted, hereby waive any applicable law requiring that these Terms be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement available at https://www.apple.com/legal/macapps/stdeula/ (as amended from time to time).