SEAK GLOBAL APP TERMS (LITE & PRO)
PLEASE READ THESE LICENCE TERMS CAREFULLY
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SEAK GLOBAL APP TERMS (LITE & PRO)
PLEASE READ THESE LICENCE TERMS CAREFULLY
Who we are and what this Agreement does
We Seak Global Limited (Co. no. 09679310) with our registered office at 11 Axis Court, Mallard Way, Riverside Business Park, Swansea Vale, Swansea, Wales, SA7 0AJ (“we”) license you to use:
as permitted in these terms.
In these terms:
“ARC” or “Alarm Receiving Centre” means the security monitoring service provided by Southern Monitoring Services Limited of 212/218 London Road, Waterlooville, Hampshire, PO7 7AJ.
“Confidential Information” means information relating to our business, plans, products, the App, the Service, pricing or other policies which is not in the public domain.
“Glossary” means the glossary explaining the features of the App at the end of this document
“Lite service” means the free service as provided to non-subscribers, with full, limited, or no access to certain features, as described in the Glossary.
“Lite User” means any user of the App not subscribed to the Pro or Ultimate service.
“Pro service” means the paid service as provided to Pro subscribers, with full access to all features except those that require Alarm Receiving Centre support, as described in the Glossary.
“Pro User” means any user of the App subscribed to the Pro service, enabling access to all Pro features.
“Free Trial” means the enhanced free service offered to users upon signing up for the App. For a limited period of time, as explained within the App, users may be granted greater access to certain features that would otherwise be part of a paid subscription.
“Ultimate service” means the paid services as provided to Ultimate subscribers, with full access to all features including those that require Alarm Receiving Centre support, as described in the Glossary.
“Ultimate User” means any user of the App subscribed to the Ultimate service, enabling access to all features, including access to the Alarm Receiving Centre.
Please be aware that internet transmissions are never completely private or secure and 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.
App Store and Google Play Store’s terms also
The ways in which you can use the App and Documentation may also be controlled by the App Store’s or Google Play Store’s rules and policies and these rules and policies will apply instead of these terms where there are differences between the two.
Payment will be effected through the App Store or Google Play Store.
Operating system requirements
For iPhone users, this App requires an iPhone 5 and above device with a minimum of 1GB RAM of memory and the iOS operating system requires minimum of version 12.0.
For Android users, this App requires an Android OS device with a minimum of 2GB of memory and the Android operating system requires minimum of version 5.0 (Lollipop).
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Service or have any problems using them, please take a look at our support resources at www.safeglobal.co.uk.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please visit our support page online at www.safeglobal.co.uk/support.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
You must be aged at least 13 years (or the equivalent minimum age in your home country if not in the UK) to accept these terms and buy the App, or have consent from your parent or guardian.
You may not transfer the App to someone else, other than the registered user.
We are giving you personally the right to use the App and the Service as set out above. [Whilst you may have sharing rights as set out above,] you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least  days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you [may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you OR will not be permitted to continue to use the App and the Service [and you may apply to the Appstore for a refund, which will reflect the period the App and the Service have been available to you prior to cancellation].
Update to the App and changes to the Service
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We may collect technical data about your device
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We may collect location data (but you can turn location services off)
The App will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device, but this will have a serious adverse effect on the service it is able to provide. If you use the App, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings found under your device’s Settings.
We are not responsible for other websites you link to
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Scope of Service
The Service will be provided with all reasonable care.
We are not responsible for delays, delivery failures, loss or damage resulting from communication networks/facilities, including the internet.
You acknowledge that the Services may be subject to limitations, delays and other problems.
You accept that we reserve the right to terminate or withdraw any unpaid promotion or Free Trial anytime and at our sole discretion.
We are not responsible for communication links provided by independent organisations not under our control.
We do not accept responsibility for signal interruptions or transmissions failing to reach us, others, emergency services or the ARC.
Neither we nor the ARC guarantees to you that the emergency services will respond promptly or at all to any notifications received from the ARC or other signal provided by the Service or through the App.
You shall ensure that the use of the Service is in accordance with all applicable laws.
We do not accept responsibility or any liability for the performance or reliability of equipment not approved or supplied by us.
Information provided (e.g. medical or legal) through the Service is for information purposes only and must not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Use of the Service or an App feature which require the use of mobile software may use a significant amount of power from the battery of any device that such software is installed on.
Without prejudice to your statutory rights, we and any licensors do not warrant that the Service or any results will be accurate, reliable, error-free, correct, will meet your requirements, will be available at any time or location, will be uninterrupted or secure, defects or errors will be corrected or will be free of viruses.
You agree that you will:
Features and Limitations of the Service
Please see the Glossary for the features of the App and Service.
Location Information Features
A number of features on the App rely on or display location information, including but not limited to, Tracking, Near Me, Geo-Fencing, Check In, Alerts, SOS, and the current location address displayed on the Home page.
As with all Services provided by the App, the accuracy, speed, and functionality of these features are affected by factors such as network signal, internet connection, and phone operating system. At all times, these features have been designed to be as accurate as reasonably possible, but please note that factors out of our control, such as weather, geographic coverage, interruptions to line of sight, etc. will determine the reliability of location information.
Please note for iOS devices, (Settings > SAFE Global) permission for the App to use your device’s Location Settings should be set to ‘Always Allow’ in order to maintain accurate location information, even whilst not actively in use. Mobile Data and Background App Refresh should also be enabled, and Low Power Mode disabled.
For Android devices, (Settings > SAFE Global) ‘Allow background data usage’ and ‘Allow app while Data saver on’ should be enabled, as should ‘Location’ under App permissions (to maximise your experience of using the App, enable all permissions under this tab) as well as Notifications.
Alarm Receiving Centre (ARC)
Important Notice: The ARC service is only available in conjunction with the Ultimate service. If we collect any licence fees or other payments for ARC, these are purely as agent for ARC.
We are not responsible for the Alarm Receiving Centre (ARC) and the service is provided, only in conjunction with the Ultimate service, subject to your acceptance of the terms and conditions of ARC, which are available on the website: www.safeglobal.co.uk. You are required to read and accept the ARC terms before being able to use the App and our Service (the Ultimate service).
ARC has a fair usage policy and you should be aware that any mis-use of ARC features will lead to withdrawal of access to and use of the App at our or ARC’s sole discretion.
The ARC and its services provided in conjunction with the App are available to Ultimate users only.
Acceptable use restrictions
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us or our licensors and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
All trademarks, logos, content, layout and devices on our website and App, whether registered or unregistered, are owned by us and our licensors, with all rights reserved.
We (and our licensors) are and remain the proprietor of the content of the website and App. You are permitted to download and print content from the website and App solely for your personal use. The website and App content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without our express written permission. You are specifically not entitled to use the content of the website and App for commercial exploitation in any circumstances.
While these terms apply to you and for a period of [five] years thereafter, you undertake to keep our Confidential Information strictly confidential and not use or copy it other than in the use of the App or Service. This restriction will not apply to information which comes into the public domain (other that by your breach of these terms) or if you are required to disclose it by law.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by .
Our liability for such damage to a device or digital content shall be subject to a limit of £1000 per claim.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Service. The App and the Service are provided for general information and guidance purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service.
Th Service is operated and controlled from facilities I the UK and we make no representations and give no warranties that the Service or App are appropriate or available for use in other locations.
Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, reliable, error free or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the App store site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our reasonable control (including but not limited to Acts of God, fire, lightning, explosion, war, disorder, flood, industrial dispute (whether or not involving our employees), failure of or interruption to utility supplies, exceptionally severe weather, or acts of local or central government or other authorities) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us or we may contact you to end your contract with us and receive a refund for any Service you have paid for but not received.
We may end your rights to use the App and the Service if you break these terms
We may end your rights to use the App and Service at any time by contacting you if you have broken these terms (or the Appstore’s or ARC’s terms) in a serious way or if, in our sole discretion, you are abusing the Service or App or are making more than fair use of the App. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Service:
We may transfer this Agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else
You may only transfer, lease, share or otherwise dispose of your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the App or Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App or Service in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the App or Service in either the Northern Irish or the English courts.
Alerts – incident alerts and news relative to your location. Alerts for other countries can be viewed via dropdown menu. Pro and Ultimate users only.
Check In – sends push notification and email to designated contacts of the user’s current location with address and local time.
Country Reports – downloadable reports detailing important travel and security information drawn from trusted government sites.
Geo-Fencing – create a virtual perimeter and receive notifications when you or your contacts enter or leave these designated areas. Pro and Ultimate users only.
Near Me – displays nearest emergency services (Police, Hospital, Embassy), contact details and directions. Additional favourite locations can be added by the user.
Notifications – notification of contact check ins, SOS activation, geo-fence alerts, SAFE Timer activation, or contact add requests can be viewed and managed here.
SAFE Call – non-emergency two-way audio with live location data to the SAFE Alarm Receiving Centre. A guardian back-up service that will notify the ARC of the user’s potentially hazardous situation. Ultimate users only.
SAFE Timer – activate the timer by selecting duration and tapping Start. If the Timer expires without being extended or terminated by the user, a location notification will be sent to your Primary Contact (Pro user) or the SAFE Alarm Receiving Centre (Ultimate users only), escalating response from a call back to SOS activation. Pro and Ultimate users only.
SOS – two-way emergency audio connection with live location data to the SAFE Alarm Receiving Centre (Ultimate users only). For Pro users, an emergency notification is sent to the Primary Contact. Pro and Ultimate users only.
Tracking – find and locate contacts via GPS navigation. ON/OFF and contact tracking preferences can be found under Settings.