SOS2US App Terms of Use

Introduction
1. Thank you for using the SOS2US App.
2. This mobile software application (SOS2US App, App) is owned and operated by SOS2US Pty Ltd ACN 622 752 489 (SOS2US, we, us, our).
3. By downloading, installing, displaying or accessing the SOS2US App, you agree to be bound by the following agreement (Terms of Use) between you and SOS2US. These Terms of Use incorporate our privacy policy and govern your access to and use of the App.
4. If you do not agree with or otherwise do not wish to accept the terms and conditions set out in this document, do not install, use or access the SOS2US App.
Changes to these Terms of Use
1. We may amend, modify, add, delete and make corrections to these Terms of Use or the SOS2US App at any time without notice. All changes are effective from the date they are posted and your continued use of the SOS2US App will constitute your acceptance of the variation of the Terms of Use.
2. If you do not agree to changes we make to these Terms of Use, you may terminate this agreement and must immediately cease using the App. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you use the SOS2US App.
The SOS2US App
1. The SOS2US App is intended to be used as an incident reporting, notification and security tool. It should not be used as a single source of information or as a substitute for contacting emergency services. In an emergency, call 000.
2. You acknowledge that content provided through the SOS2US App:
  1. does not contain all available information; and
  2. should not be solely relied upon in an emergency.
3. We do not represent or warrant that the SOS2US App or the information or data in it or provided by it is current, complete or up to date, nor that the SOS2US App will operate without interruptions or defects.
4. Location data available through the SOS2US App is for basic informational purposes only and may not be accurate or verified by SOS2US prior to publication. It should not be relied upon in situations where precise location information is needed, or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage.
5. Without limiting any other provisions of these Terms of Use, you release SOS2US from any claim by you or for any liability of any kind to you or any other person arising from:
  1. any loss, damage or personal injury sustained by you or any other person, that arises directly or indirectly from access to, or the provision of, the information you have stored in the App by or to any person or organisation;
  2. if your personal information is provided or seen by a person or organisation without your knowledge or consent;
  3. the unavailability of the App or any of its features at any particular time;
  4. the unavailability, corruption, or failure of any telecommunications or computer services, systems, Internet, equipment or software operated or provided by you or any third party in respect of which the App is installed or used; or
  5. for any interference or damage to your devices or any software or systems associated with your devices, that arises from your installation, access or use of the App.
Registering for an SOS2US Account
1. All users must register for an SOS2US Account. You can register for an SOS2US Account by using the in-app registration process.
2. During the registration process we will ask you for a number of details including your name, phone number and email address. We may also ask you to upload supporting documents, such as a Drivers Licence, to verify your identify. Any personal information you provide to us will be treated in accordance with our privacy policy, which can be accessed at sos2us.com/privacy.
3. By completing the registration process for an SOS2US Account you:
  1. represent and warrant that the information you submit is true and provided to us in good faith; and
  2. agree to not disclose your SOS2US Account login ID or password to any other person and to keep this information secure and confidential.
4. If you are a minor, you must get your parent or guardian’s permission before installing, using or accessing the SOS2US App.
5. We reserve the right to cancel your SOS2US Account for any reason at any time, including in circumstances where we reasonably consider that you have violated these Terms of Use.
Our subscription plans
1. All users with an SOS2US Account can access basic features of the App, such as the ability to view certain incidents on our in-app map. To access more extensive features, such as the ability to log incident reports, you will need to be subscribed to one of our plans.
2. The features you will have access to on the SOS2US App will depend on the plan you are subscribed to. In summary:
  1. as a user on an individual plan, you may have access to features of the SOS2US App that enable you to:
    1. log incident reports with us for urgent incidents, such as shootings, and car accidents, and other serious crimes or emergencies that create an immediate risk to the general public (Urgent Threats);
    2. receive push notifications and other communications from us in relation to Urgent Threats that occur within a certain area, or within a certain proximity to your current location;
    3. communicate with us using our live in-app chat feature; and
    4. view maps, tracking details and other incident information and updates, in relation to Urgent Threats.
  2. as a user on a corporate or enterprise plan you will generally have access to features of the SOS2US App that enable you to:
    1. log incident reports for non-urgent matters (determined by the organisation who has subscribed you) such as minor workplace incidents, or suspicious activity (Minor Incidents); and
    2. if you are a designated administrative user for your organisation, you may also have the ability view and generate incident reports and other statistical information regarding Minor Incidents and Urgent Threats reported within your organisation.
  3. Incident reports logged by single users on an individual plan are generally monitored by us at all times and may be passed on directly to relevant authorities including Beyond Blue, crime stoppers and emergency services.
  4. For users subscribed on a corporate plan or enterprise plan, we will only monitor incident reports, and pass on information to relevant authorities, if the customer that subscribed you has asked us to do so.
  5. The features and fees associated with each of our plans change from time to time. For details of the current features and subscription fees associated with each plan, please refer to our website at www.sos2us.com/pricing.

Fees
1. If you purchase a subscription as a single user:
  1. you must pay the associated subscription fee, and all associated transaction fees, notified to you at the time of purchase;
  2. you may cancel your subscription at any time by logging in to the facility you used to set up the subscription (for example, the AppStore, Google Play, or PayPal) and electing to cancel your subscription;
  3. cancellation takes effect at the end of the then current subscription period; and
  4. if you do not cancel your subscription, the subscription period will automatically renew upon the last day, for a further subscription period of the same length and plan type. Payment will be automatically debited using the payment method you have nominated.
2. If you are subscribed as part of a corporate or enterprise plan, all applicable fees must be paid by the relevant organisation that has granted you with access to the App.
3. All prices quoted on the SOS-2-US App are in Australian dollars and are inclusive of GST, unless otherwise expressly provided. You warrant that the credit or debit card, or account or other payment method which you nominate to use is your own or that you are fully entitled to use that card, account, or other payment method. We reserve the right to obtain validation of your payment before granting you access to the relevant features of the SOS-2-US App associated with the plan you have subscribed to.
Licence to use
1. Subject to these Terms of Use, SOS2US grants you a non-exclusive, non-transferable licence to:
  1. if acquired through the iOS App Store, use the SOS2US App on any Apple-branded device that you own or control, and permit the use of this application on Apple-branded devices attached to any accounts associated with you via Family Sharing or volume purchasing as permitted by the Usage Rules set forth in the iOS App Store Terms of Use of Service (which can be viewed at http://www.apple.com/legal/itunes/au/terms.html); and
  2. in all other cases, use the SOS2US App on any device you own or control.
2. SOS2US retains all right, title and interest to all Intellectual Property Rights subsisting in the SOS2US App, any Updates, and any part thereof.
Your conduct
1. You must not:
  1. take screenshots when using the SOS2US App or otherwise make copies of any photos, videos, or other content we make available through the SOS2US App without our written permission;
  2. use the SOS2US App in breach of any laws or regulations;
  3. use the SOS2US App to create, post or transmit false or fraudulent information or any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, or amounts to harassment;
  4. make any automated use of the SOS2US App;
  5. impersonate any other person in your use of the SOS2US App; or
  6. interfere with or disrupt our operation of the SOS2US App.
2. Without limiting the above, you warrant that all incident reports logged by you through the SOS2US App will be true, correct and submitted in good faith.
3. You are responsible for ensuring that your installation and use of the SOS2US App does not cause you to exceed any data usage quotas or other limitations that may apply to your device’s call and data plan or other services acquired from third parties, and if such quotas or limitations are exceeded, you are solely responsible for all resultant consequences, including payment of any charges to third party service providers.
Push Notifications
1. As part of installation of this application on your mobile device, the SOS2US App will ask if you would like it to send you push notifications (Push Notifications), which may include alerts, badges, banners and sounds on your mobile device. If you choose to allow Push Notifications, you acknowledge and consent to receipt of these Push Notifications.
2. You may choose to stop receiving Push Notifications at any time by selecting the notifications option within the App’s settings menu or by deleting the SOS2US App from your mobile device.
3. Push Notifications generated by the SOS2US App should not be solely relied upon.
Location data
1. Certain functionalities of the SOS2US App may require you to turn location services on your device on. The App will ascertain your device’s location by accessing the in-built GPS system in the device on which the App is installed. In no event will SOS2US be liable for any errors resulting from the App’s use of your device’s in-built GPS system, including but not limited to any inability of the App to determine your device’s location via the GPS, or an inaccurate location being detected.
2. If you drop a pin at your current location in connection with an Urgent Threat, you acknowledge and agree that your location may be made publically available and/or shared with select third parties, such as emergency services.
User generated content
1. The SOS2US App may enable you to post information, photos, video and other incident-related material that may be made publically available. You may also have access to functionality that allows you to communicate with other users of the SOS2US App.
2. You acknowledge and agree that:
  1. you are solely responsible for the information you enter into the SOS2US App;
  2. information, photos, video and other incident-related material submitted by you and any other users using the SOS2US App in relation to Urgent Threats will be treated by SOS2US as non-confidential and non-proprietary and SOS2US can use such material without restriction or compensation to you or any other party;
  3. you grant SOS2US a perpetual, irrevocable, licence-fee free, royalty free, worldwide, non-exclusive, sub-licensable right to use any Intellectual Property Rights in information or material created or submitted by you using the SOS2US App;
  4. you will not post or transmit any material owned by another person. You warrant and represent that all material posted is original work and not sourced from any third party, and that our use of such material will not cause us to infringe the rights of any third parties;
  5. any material that you post or transmit can be removed by SOS2US without notice at any time, for any reason including no reason;
  6. if you log an incident report via the SOS2US App in relation to an Urgent Threat, we may share the information contained in the report, including your contact details, with emergency services and other relevant third party service providers, such as Beyond Blue;
  7. SOS2US does not accept any responsibility or liability for the accuracy or content of posts or transmissions made by other users of the SOS2US App, and SOS2US is not liable for any loss or damage of any kind, or any claim, including personal injury, resulting from any action taken or reliance made by you regarding any information or material made available by another user.
3. You represent and warrant that where you submit an image or video of another person, or material containing personal information of another person, you have first obtained that person’s consent (or parent’s consent, if the person is under the age of 18) before uploading or submitting the material through the SOS2US App.
4. Restricted parties
5. You warrant and represent that the following statements are true and correct:
  1. you are not located in a country that is subject to an embargo by the governments of either the United States of America or the Commonwealth of Australia;
  2. you are not located in a country that has been designated by the governments of either the United States of America or the Commonwealth of Australia as a ‘terrorist supporting’ country; and
  3. you are not included on any list of prohibited or restricted parties by the governments of either the United States of America or the Commonwealth of Australia.

Third party services
1. In order to obtain, install, update, access, use, or continue to access or use the SOS2US App, you may be required to use certain third party services. For example, the functionality of the App may enable or require you to use third party services:
  1. to acquire the SOS2US App (for example, from a third party’s software marketplace, such as the Google Play marketplace operated by Google Inc or the App Store operated by Apple); and/or
  2. in conjunction with the SOS2US App (for example, the Google Maps app or similar mapping app installed on your device).
2. Your use of third party services may be subject to fees and separate terms and conditions, and you acknowledge that SOS2US is not liable for the activities of any such third parties.
3. Additionally, the SOS2US App may contain links to third party websites or other third party content or service providers, such as Beyond Blue. Those links are provided for your convenience only and may not remain current or be maintained. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them, and that your use of any third party content or services may be subject to separate terms and conditions.
iOS App Store
1. If you obtained the SOS2US App from the iOS App Store, you and SOS2US acknowledge and agree that:
  1. this document is concluded between you and SOS2US only, and not with Apple, and SOS2US, not Apple, is solely responsible for the SOS2US App and the content thereof;
  2. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the SOS2US App, either under this document or applicable law;
  3. SOS2US, not Apple, is responsible for addressing any claims of you or any third party relating to the SOS2US App or your possession and/or use of the SOS2US App, including but not limited to:
    1. product liability claims;
    2. any claim that the SOS2US App fails to conform to any applicable legal or regulatory requirement; or
    3. claims arising under consumer protection, privacy or similar legislation, including in connection with any use by the SOS2US App of the HealthKit and/or HomeKit frameworks;
  4. in the event of any third party claim that the SOS2US App or possession and/or use of the SOS2US App by you infringes that third party’s Intellectual Property Rights, SOS2US, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim;
  5. Apple, and Apple’s subsidiaries, are third party beneficiaries of this document; and
  6. upon your acceptance of this document, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third party beneficiary thereof.

Warranty and liability
1. To the maximum extent permitted by law, SOS2US excludes, and makes no representation, warranty or endorsement of any kind, whether express or implied, in relation to:
  1. the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of any material and/or information in the SOS2US App;
  2. the performance and availability of the SOS2US App;
  3. the compatibility of the SOS2US App with any particular hardware or software; or
  4. protection from loss, damage, corruption or degradation of any data or other material as a result of the use of the SOS2US App.
2. To the maximum extent permitted by law, SOS2US excludes all liability for any loss or damage whatsoever which is suffered, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, personal injury, business interruption, loss, damage or corruption of data or failure to realise anticipated savings or benefits or business opportunities) as a result of:
  1. the use of, reliance on, or action taken as a result of, any information or material in the SOS2US App for any decision or otherwise;
  2. any interruption, suspension or termination of the SOS2US App in whole or in part for whatever reason including failure or suspension of public or private telecommunications network; or
  3. any loss, damage, corruption or degradation of any data or other material as a result of the use of the SOS2US App.
3. Without limiting the preceding paragraph, to the full extent permitted by applicable law, SOS2US’s liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by SOS2US, including the consumer guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), is limited to (at our option):
  1. in the case of goods – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
  2. in the case of services – supplying the services again or paying the cost of having the services supplied again.
4. Without limiting or affecting any other provision of this document, to the full extent permitted by applicable law, SOS2US’s maximum aggregate liability to you for any losses you incur or claims you make against us is limited to the sum of AUD$10.
5. You agree that any legal liability on the part of SOS2US in connection with these Terms of Use will be reduced by the extent, if any, to which you contributed to the loss, or failed to take reasonable steps to secure your mobile device and backup your data.
6. If you purchased the SOS2US App from the iOS App Store, in the event of any failure of the SOS2US App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the SOS2US App, and any other claims, losses, damages, costs or expenses attributable to any failure to conform to any warranty will be dealt with by SOS2US in accordance with this document.
7. Indemnity
8. You release and indemnify SOS2US, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (those indemnified) from and against any loss, liability, claim, demand, damage or expense (including legal fees) made against those indemnified, or suffered by you or by any third party, howsoever caused (including through negligence), directly or indirectly arising out of or in connection with:
  1. use of the SOS2US App or any linked website, by you or anyone accessing the SOS2US App on your mobile device;
  2. use of or reliance on information contained in or accessed through the SOS2US App, by you or anyone accessing the SOS2US App on your mobile device; or
  3. breach by you of the Terms of Use or by any other person through their use of the SOS2US App on your mobile device.

Updates
1. These Terms of Use (as amended from time to time) will govern any updates to, or new versions of, the App (Updates).
2. You acknowledge and agree that SOS2US:
  1. is under no obligation to provide any Updates;
  2. can offer optional paid Updates;
  3. can use Updates to add, remove, modify or otherwise alter functionality or features of the SOS2US App at its sole discretion, and that such changes will not be a breach of these Terms of Use;
  4. can require you to install Updates to the SOS2US App in order to continue using the App; and
  5. can provide Updates in such a manner that the App is unable to be reverted to its previous state.
3. In order to obtain, install, update, access, use, or continue to access or use the SOS2US App or any supplied Updates, you may also be required update third party software on your devices. You acknowledge and agree that:
  1. SOS2US is not responsible for such third party updates;
  2. such third party updates may be subject to their own terms and conditions, which SOS2US strongly recommends you review prior to implementing the third party update; and
  3. if you are unable or unwilling to obtain or install such third party updates, you may be unable to obtain, install, update, access, use, or continue to access or use the SOS2US App.

Intellectual Property Rights
1. SOS2US is the owner of the SOS2US App. All Intellectual Property Rights in the information and material published on the SOS2US App are owned by or licensed to SOS2US. All content in the SOS2US App, including but not limited to all software, design, brand names, text, photographs, information, sound recordings, images and other material is protected by copyright, trade mark and intellectual property laws in Australia. You must not do anything which interferes with or breaches those laws or the Intellectual Property Rights in the SOS2US App or any of its components.
2. You must not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the SOS2US App or any output from the SOS2US App or any files related to the App.
Privacy and security
1. We understand the importance of holding user identities, incident reports, key vaults and other related data securely and utilise the multi-tenancy architecture of the SOS2US App to securely manage and control data we collect through the App. However, SOS2US does not warrant and cannot guarantee the security of your information.
2. Any information you provide us or store in the SOS2US App is transmitted and stored at your own risk. SOS2US will take reasonable steps to preserve the security of any information it receives from you. All personal information we hold about you will be handled in accordance with the Privacy Act 1988 (Cth) and our privacy policy located at www.sos2us.com/privacy.
Termination or suspension
1. We may suspend or terminate your access to the SOS2US App at any time without notice, if we reasonably consider you have breached these Terms of Use.
2. The licence given to you by SOS2US in respect of the App will immediately terminate if you voluntarily uninstall or otherwise delete the App from the devices on which you have installed it.
3. Upon termination by SOS2US pursuant to this clause 18 you must immediately uninstall and delete all copies of the App from your relevant devices, and will if required by SOS2US certify this has been done in writing via a statutory declaration to this effect.
4. Termination pursuant to this clause will not affect any rights or remedies which SOS2US may have otherwise under these Terms of Use or at law.
Support
1. Except as expressly provided in the plan you have subscribed to, SOS2US is not obliged to support the SOS2US App in any way, whether by providing a user manual, advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise. Nor will it be required to provide any telecommunication, internet or other services in relation to the use of the SOS2US App by you.
Waiver
1. No waiver by SOS2US of any breach or default by you is effective unless reduced to writing and signed by SOS2US, and any such waiver does not constitute a waiver of any other continuing breach or default under these Terms of Use.
Severance
1. If any provision of these Terms of Use is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms of Use or affecting the validity or enforceability of that provision in any other jurisdiction.
Governing Law
1. These Terms of Use are governed exclusively by the law in force in the State of Queensland. The parties submit to the exclusive jurisdiction of the courts of that State and the Registry of the Federal Court of Australia in that State in respect of all proceedings arising in connection with these Terms of Use.
Assignment
1. You cannot assign, novate or otherwise transfer any of your rights or obligations under these Terms of Use. SOS2US can assign, novate or otherwise transfer any of its rights or obligations under these Terms of Use at its sole discretion, without notice to you.
Force Majeure
1. Notwithstanding anything else contained in these Terms of Use, SOS2US will not be liable for any delay in or failure to comply with these Terms of Use if such delay or failure is caused by circumstances beyond SOS2US’s reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes or any act of war or terrorism.
Contact
1. In the event that you need to contact SOS2US regarding these Terms of Use or any questions, complains or claims relating to the SOS2US App, please use the following details:

Administration Officer
Address: 2/243 Lutwyche Road, Windsor, QLD, 4030 AUSTRALIA
Email: info@sos2us.com

Definitions and interpretation
1. In these Terms of Use:
  1. App or SOS2US App means the mobile software application licensed by the SOS2US to which this document applies.
  2. Intellectual Property Rights includes all copyright, trade mark, design, patents and other proprietary rights, and any rights to registration of such rights existing anywhere in the world, whether created before or after the date of this agreement (as applicable), but excludes moral rights.
2. In these Terms of Use, unless a contrary intention is expressed:
  1. headings and italicised, highlighted or bold type do not affect the interpretation of this agreement;
  2. the singular includes the plural and the plural includes the singular; and
  3. a reference to a ‘person’ includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality).

This document was last updated on 10 November 2020.