1. Acceptance of Terms
Welcome to the Safety Secure app (“App”). By accessing or using this App, you agree to be bound by these Terms and Conditions (“Terms”). These Terms establish a legally binding agreement between you and Safety Secure, governing your access to and use of the App and any related services provided by Safety Secure.
Acceptance
By registering for an account, accessing, or using the App, you acknowledge that you have read, understood, and agree to comply with these Terms, along with any other policies, guidelines, or agreements referenced within this document. If you do not agree with these Terms, you are prohibited from accessing or using the App.
Modifications to Terms
Safety Secure reserves the right to modify or update these Terms at any time. All changes are effective immediately upon being posted within the App or notified to you through other means, such as email or an App notification. Continued use of the App after any changes to the Terms signifies your acceptance of the updated Terms. It is your responsibility to regularly review these Terms to stay informed about any modifications.
Binding Agreement
These Terms, along with any policies incorporated by reference (such as the Privacy Policy), constitute a complete agreement between you and Safety Secure regarding your use of the App. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether written or oral, between you and Safety Secure with respect to your use of the App.
2. Definitions
For clarity and understanding within these Terms, the following definitions apply:
• “Company”: Refers to Safety Secure, the owner and provider of this App and its related services.
• “App”: The Safety Secure mobile and/or web application, including all features, functionalities, content, and services provided through it by Safety Secure.
• “User,” “You,” and “Your”: Any individual, business, or entity accessing, using, or registering for an account on the App.
• “Content”: Refers to any data, text, graphics, images, videos, audio, code, or other information uploaded, posted, transmitted, or otherwise displayed within the App, whether by users, Safety Secure, or third parties.
• “Subscription”: A service plan selected by the user for access to certain features or functionalities of the App, which may be free or paid and renewed on a monthly or annual basis.
• “Third Parties”: Any individuals, entities, organizations, or companies other than Safety Secure and the user, including external service providers, partners, or affiliates that may interact with the App or provide services through it.
• “Account”: A unique user profile created on the App by registering with Safety Secure, allowing access to certain features and functionalities based on the subscription level selected.
• “Services”: All services provided by Safety Secure through the App, including, but not limited to, inspections, reporting, data storage, analytics, and account management.
3. Eligibility
The App is intended only for users who meet specific eligibility requirements. By accessing, registering for, or using the App, you represent and warrant that:
1. Age Requirement: You are at least 18 years old. The App is not intended for use by individuals under the age of 18, and Safety Secure does not knowingly collect information from users under this age.
2. Legal Capacity: You have the legal capacity and authority to enter into a binding agreement with Safety Secure. If you are accessing the App on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. Compliance with Laws: You will only use the App in accordance with all applicable local, national, and international laws, rules, and regulations. Your use of the App must not infringe on the rights of any other user, third party, or violate any intellectual property, privacy, or other laws.
4. Account Eligibility: You meet all eligibility requirements specified by Safety Secure for account registration and subscription selection. Safety Secure reserves the right to verify eligibility at any time and may suspend or terminate accounts if eligibility requirements are not met.
5. Use for Lawful Purposes: You agree to use the App solely for lawful purposes, in a way that does not infringe, restrict, or inhibit any other user from using the App. Prohibited actions include, but are not limited to, illegal activities, harassment, fraud, or actions that may harm the Company, the App, or other users.
If you do not meet these eligibility requirements, you are prohibited from accessing or using the App. Safety Secure reserves the right to deny access, terminate accounts, or take any other necessary action if eligibility requirements are not met
4. App Usage License
Safety Secure grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for its intended purposes, subject to compliance with these Terms. This license does not grant you any ownership rights in the App or its content. The App and its content are protected by copyright, trademark, and other intellectual property laws, and all rights not expressly granted to you in these Terms are reserved by Safety Secure.
4.1 Permitted Use
Your license to use the App is granted solely for:
• Personal or Authorized Business Use: You may use the App for personal use or for business purposes if authorized under a business account.
• Non-Commercial Use: You may use the App to access and perform services related to the functionalities provided, such as inspections, reporting, and data analytics.
• Compliance with Terms: Your use of the App must comply fully with these Terms and all applicable laws, regulations, and third-party rights.
4.2 Prohibited Use
The following uses are strictly prohibited under this license:
• Unauthorized Reproduction or Distribution: You may not reproduce, duplicate, copy, distribute, sell, or resell any part of the App without prior written consent from Safety Secure.
• Reverse Engineering and Modification: You are prohibited from decompiling, reverse engineering, modifying, or creating derivative works based on any part of the App or its content.
• Commercial Exploitation: Using the App, its services, or any content within it for any form of commercial use, data mining, or unauthorized profit generation is strictly prohibited without express permission.
• Unauthorized Access: Attempting to gain unauthorized access to the App, other accounts, computer systems, or networks connected to the App by hacking, password mining, or other means is strictly forbidden.
• Disruption of Services: You may not interfere with or disrupt the operation of the App or the servers or networks connected to the App, including transmitting viruses, malware, or any other malicious code.
4.3 Termination of License
Safety Secure reserves the right to terminate or revoke your license to access and use the App at any time and for any reason, including but not limited to:
• Violation of these Terms.
• Use of the App for unlawful or unauthorized purposes.
• Any activity that may harm Safety Secure, other users, or the security of the App.
In the event of termination, you must immediately cease all use of the App and destroy any copies of materials obtained from the App.
4.4 Retention of Ownership
Safety Secure retains all rights, titles, and interests in and to the App, including all intellectual property rights. Your use of the App does not grant you any ownership rights in the App or any of its content. This license does not grant you any rights to use Safety Secure’s trademarks, logos, domain names, or other brand features without explicit written permission.
5. User Accounts
To access certain features of the App, users may need to create an account. By creating an account, you agree to provide accurate, complete, and current information and to update this information as needed. Failure to do so constitutes a breach of these Terms and may result in the suspension or termination of your account.
5.1 Account Creation and Registration
Account Information: When registering, users are required to provide accurate and complete information, including but not limited to, full name, email address, contact information, and any other details requested by Safety Secure. Providing false information or failing to update information promptly may lead to account termination.
• Eligibility Verification: Only individuals who meet the eligibility criteria outlined in Section 3 may create an account. Safety Secure reserves the right to verify information at any time and may suspend accounts if eligibility requirements are not met.
5.2 Account Security
• Responsibility for Account Security: You are responsible for maintaining the security of your account, including the confidentiality of your password and any other security credentials. You must take reasonable steps to protect your account from unauthorized access.
• Two-Factor Authentication (2FA): Where available, you are encouraged to enable twofactor authentication (2FA) for additional security. Safety Secure will not be liable for any loss or damage resulting from your failure to enable or maintain proper security measures.
• Unauthorized Use: If you suspect that your account has been compromised, or you become aware of any unauthorized use of your account, you must notify Safety Secure immediately. You are liable for any activity conducted through your account until you inform Safety Secure of any breach.
5.3 Business Accounts and Multi-User Access
• Role-Based Access Control: For business accounts, Safety Secure allows account owners to assign various roles (e.g., admin, supervisor, inspector) to users within the account, with each role granting different levels of access to App features.
• Account Administration: The primary account holder (admin) is responsible for managing users, setting permissions, and ensuring that all users under the business account comply with these Terms.
• Multi-User Responsibilities: Business accounts are accountable for any actions taken by users under their account. Misuse by one user may lead to consequences for the entire account, including suspension or termination.
5.4 Account Suspension and Termination
Safety Secure reserves the right to suspend or terminate accounts under certain conditions:
• Non-Compliance: Accounts found to be in violation of these Terms, engaged in illegal activities, or otherwise deemed harmful to the App or other users may be suspended or terminated without notice.
• Non-Payment: If payments are due and unpaid beyond any grace period, Safety Secure may suspend the account until outstanding payments are resolved.
• Consequences of Termination: Upon account termination, your access to the App and all data associated with your account may be permanently deleted, in accordance with Safety Secure’s Data Retention Policy.
5.5 Data and Content Ownership
• User Data Ownership: Users retain ownership of any data or content they upload to the App. However, by uploading content, users grant Safety Secure a license to use, modify, and display this content for purposes related to providing and improving App services.
• Data Portability and Access: Upon request and where feasible, Safety Secure may provide users with access to their stored data. Upon account termination, Safety Secure is not obligated to retain or provide access to any user data unless required by law.
6. Payment Terms
Safety Secure offers various subscription plans for accessing the App’s features, each with its own payment structure. By subscribing, you agree to pay all fees associated with your selected plan, as outlined within the App or on the Safety Secure website.
6.1 Subscription Packages and Fee Structure
Safety Secure provides multiple subscription options based on user needs:
• Per-User Licensing: This plan charges a fee per individual user registered under a single account, suited for organizations that require unique access for each team member.
• Per Inspection Fee: Charges are based on the number of inspections completed within the App, making it ideal for businesses with variable inspection volumes.
• Custom Services and Add-Ons: Additional services such as custom dashboard setup, template customization, and client account management are offered as add-ons for a separate monthly fee.
6.2 Billing Cycles and Payment Timing
• Monthly and Annual Billing Options: Users can choose between monthly or annual billing cycles. Annual plans may offer a cost advantage over monthly billing, as outlined in the pricing details.
• Advance Payment Requirement: All subscription fees are paid in advance at the beginning of each billing cycle, and access to services is provided only upon receipt of payment.
• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless canceled in advance. It is the user’s responsibility to ensure that payment details remain valid and up-to-date to prevent service disruptions.
6.3 Accepted Payment Methods
• Payment Types: Safety Secure accepts various forms of payment, including credit cards, debit cards, and bank transfers. All accepted methods are listed within the App.
• Authorization for Recurring Payments: By entering your payment details, you authorize Safety Secure to charge the subscription fees and applicable taxes on a recurring basis as per your chosen plan.
• Currency and Conversion Fees: All payments are processed in South African Rand (ZAR). Users making payments in other currencies are responsible for any conversion fees applied by their financial institution.
6.4 Late Payments and Account Suspension
• Late Payment Notification: If a payment is not received on the due date, users will be notified, and a seven-day grace period will be provided to resolve payment issues.
• Suspension Due to Non-Payment: Accounts with outstanding payments beyond the grace period may be suspended until payment is made in full. Access to the App may be restricted during this suspension period.
• Service Reinstatement Fee: A fee may be charged to reactivate an account that was suspended due to non-payment.
6.5 Refund Policy
Safety Secure aims to maintain transparency regarding refunds:
• General Refund Policy: All subscription fees are generally non-refundable. Refunds will only be considered in specific circumstances, such as documented billing errors or service failures attributed to Safety Secure.
• Prorated Refunds for Annual Subscriptions: Users on an annual plan who wish to cancel early may qualify for a prorated refund based on the remaining months of service, less an administrative processing fee if applicable.
• Requesting a Refund: Refund requests must be submitted within 14 days of the billing date. Requests should be made by contacting Safety Secure’s support team and providing the relevant details for review.
6.6 Modifications to Subscription Plans
Users have the option to modify their subscription plan, including upgrades or downgrades:
• Upgrading Subscription Plans: Users may upgrade their plan at any time, with the upgrade taking effect immediately. Charges will be adjusted to reflect the new plan and a prorated amount may be applied.
• Downgrading Subscription Plans: Users may downgrade their plan; however, the downgrade will only take effect at the start of the next billing cycle. No refunds are issued for downgrades during the current billing cycle.
• Impact on Data and Access: Downgrading a plan may impact available features, user access, or data storage. Safety Secure is not liable for any data loss that may result from a plan downgrade.
6.7 Taxes and Additional Charges
• Value-Added Tax (VAT) and Sales Tax: All fees are exclusive of VAT, sales tax, or any similar taxes, unless otherwise indicated. Users are responsible for paying any applicable taxes in addition to the subscription fee.
• Liability for Tax Payments: It is the responsibility of users to pay any applicable taxes according to their location or jurisdiction. Safety Secure may charge VAT or similar taxes where required
6.8 Promotional Offers and Discounts
• Eligibility for Promotions: From time to time, Safety Secure may offer promotional discounts or special offers. Eligibility requirements will be specified in the terms of the offer.
• Limited Time Promotions: Discounts and promotions are valid only during the specified period. Upon renewal, regular rates apply unless otherwise stated.
• Non-Transferability: Promotions and discounts are non-transferable and cannot be combined with other offers unless explicitly stated in the terms of the offer.
6.9 Price Adjustments and Advance Notice
• Notification of Price Changes: Safety Secure reserves the right to adjust prices for subscription plans, add-ons, or services. Users will be notified at least 30 days in advance of any price changes.
• Acceptance of Price Adjustments: Users who continue to use the App after the effective date of a price adjustment signify acceptance of the new rates. Users who do not agree to the new rates may cancel their subscription according to the cancellation policy.
7. User Responsibilities
As a user of the Safety Secure App, you agree to use the App in a lawful, ethical, and responsible manner. By using the App, you confirm that you understand and will comply with the following obligations and restrictions:
7.1 Permitted and Prohibited Uses
Your use of the App must adhere to the following standards:
• Permitted Use: The App may only be used for lawful purposes in accordance with these Terms. This includes activities related to inspections, reporting, data analysis, and other authorized services provided by Safety Secure.
• Prohibited Activities: Users must not engage in activities that violate these Terms, harm other users, or compromise the integrity of the App. Examples of prohibited activities include, but are not limited to: • Illegal Activities: You may not use the App for any illegal purpose or in violation of any local, national, or international laws or regulations.
• Unauthorized Access: Attempting to gain unauthorized access to other user accounts, the App’s backend systems, or any server or network connected to the App is strictly prohibited.
• Malware and Harmful Content: You are prohibited from uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful code through the App.
• Harassment and Abuse: Users must not engage in any form of harassment, discrimination, or abuse directed towards other users, Safety Secure staff, or third parties. This includes sending threatening, abusive, defamatory, or otherwise inappropriate messages.
• Data Harvesting and Scraping: You may not engage in any form of automated data collection, including scraping, crawling, or data harvesting, without prior written consent from Safety Secure.
7.2 Compliance with Intellectual Property Rights
• Respecting Copyrights and Trademarks: You are responsible for ensuring that any content you upload or share through the App does not infringe on the intellectual property rights of third parties, including copyrights, trademarks, patents, or trade secrets. Safety Secure reserves the right to remove any content that is found to infringe upon the rights of others.
• Prohibition on Unauthorized Reproduction: Users are prohibited from reproducing, distributing, or modifying content owned by Safety Secure or other users without proper authorization.
7.3 Responsibility for User Content
• Accuracy and Legality of User Content: Users are solely responsible for the accuracy, legality, and appropriateness of any content they upload, post, or share within the App. Safety Secure is not liable for any issues arising from incorrect, unlawful, or inappropriate user content.
• Obtaining Necessary Permissions: If your content includes any third-party data, images, or intellectual property, you are responsible for obtaining all necessary permissions or licenses before uploading it to the App.
7.4 Data Privacy and Confidentiality
Users must respect the privacy and confidentiality of other users, as well as any sensitive data encountered during use of the App:
• Confidential Information: Users who gain access to confidential or sensitive information through the App are required to keep such information private and may not share it with unauthorized parties.
• Compliance with Privacy Laws: Users are responsible for complying with all applicable privacy laws and regulations when using the App, especially if handling personal data of third parties.
7.5 Reporting Misconduct or Security Violations
If you become aware of any misuse of the App, violations of these Terms, or security vulnerabilities, you agree to report it to Safety Secure as soon as possible. Reporting may be done through the App’s support function or by contacting Safety Secure directly.
7.6 Accountability and Consequences for Misuse
• Accountability: You are solely responsible for any actions taken using your account, regardless of whether those actions are taken by you or someone else with access to your account. Misuse of the App may result in suspension or termination of your account.
• Consequences for Violations: Safety Secure reserves the right to take any action it deems necessary in response to violations of these Terms. Such actions may include suspending or terminating your account, reporting illegal activities to law enforcement, and/or seeking compensation for damages caused by misuse of the App.
8. Content and Intellectual Property
Safety Secure retains ownership and control over all proprietary content and intellectual property associated with the App. These rights are protected by applicable copyright, trademark, and other intellectual property laws. Users also retain rights to content they upload but must adhere to the following provisions.
8.1 Ownership of Company Content
• Company-Owned Content: All content and materials provided within the App by Safety Secure, including text, graphics, logos, icons, images, videos, software, and data compilations, are the property of Safety Secure or its licensors. This includes any modifications, adaptations, or enhancements made to the content or features within the App.
• Intellectual Property Rights: Safety Secure retains all rights, title, and interest in and to the App’s content and features. Users are granted a limited license to use Safety Secure’s content strictly for the purposes permitted under these Terms. Users may not use Safety Secure’s content for any unauthorized or commercial purpose without explicit written permission.
8.2 User-Generated Content
• Ownership of User Content: Users retain ownership of any content they upload, submit, or contribute to the App (“User Content”), such as inspection reports, images, comments, or other data. Safety Secure does not claim ownership of User Content.
• User License to Safety Secure: By uploading User Content to the App, you grant Safety Secure a worldwide, non-exclusive, royalty-free, fully paid-up license to:
• Use, Display, and Distribute: Use, display, and distribute your content within the App to provide services, facilitate interactions, and improve functionality.
• Modify and Adapt Content: Modify, reformat, or adapt your content as necessary to meet technical requirements of networks, devices, or media used to display the content.
• Analytics and Data Usage: Analyze and use aggregated or anonymized data derived from User Content to enhance app features, generate insights, and create industry benchmarks, provided such data does not identify any individual user or disclose personal information without consent.
This license is solely for operating, marketing, and improving Safety Secure’s services and does not affect your ownership rights over your content.
8.3 Prohibited Use of Content
The following actions regarding Safety Secure’s content and User Content are prohibited:
• Unauthorized Reproduction and Distribution: Users may not reproduce, duplicate, copy, sell, or resell any part of Safety Secure’s content without prior written consent.
• Commercial Exploitation: Any commercial use of Safety Secure’s intellectual property or proprietary content is strictly prohibited unless explicitly authorized.
• Modification and Reverse Engineering: Users are prohibited from modifying, decompiling, or attempting to reverse-engineer any software, feature, or component within the App.
8.4 User Responsibility for Content
• Accuracy and Legality: Users are responsible for ensuring that any User Content they upload is accurate, lawful, and complies with applicable regulations and third-party rights. Safety Secure is not liable for issues arising from inaccurate or unlawful User Content.
• Third-Party Rights: You are responsible for obtaining any necessary permissions or licenses before uploading any third-party content, including copyrighted material, images, or personal data. Safety Secure reserves the right to remove content that violates intellectual property rights.
8.5 Data Sharing and Aggregated Insights
• Anonymized Data Usage: Safety Secure may use aggregated and anonymized data derived from User Content for research, analytical, or marketing purposes. This data will not contain any personally identifiable information (PII) or confidential user data.
• Data Sharing with Partners: To enhance the App or deliver additional services, Safety Secure may share aggregated data with trusted partners, provided that any shared data is nonidentifiable and adheres to applicable data protection laws.
• User Consent for Specific Data Use: If Safety Secure intends to use identifiable user data in any way beyond what is outlined in these Terms or the Privacy Policy, user consent will be obtained.
8.6 Trademarks and Brand Use
• Safety Secure Trademarks: The trademarks, service marks, logos, slogans, and brand elements (“Trademarks”) used in connection with the Safety Secure App are the property of Safety Secure. Users are not permitted to use these Trademarks without prior written permission.
• Prohibition on Misuse of Trademarks: Unauthorized use of Safety Secure’s trademarks, including but not limited to implying endorsement, affiliation, or partnership without Safety Secure’s explicit consent, is prohibited.
8.7 Consequences for Intellectual Property Violations
Users who violate the intellectual property provisions in these Terms may face:
• Account Suspension or Termination: Safety Secure may suspend or terminate accounts found to be repeatedly violating these Terms.
• Legal Action: Safety Secure reserves the right to pursue legal remedies, including seeking damages or injunctive relief, for intellectual property infringement.
• Liability for Damages: Users who infringe on Safety Secure’s intellectual property may be held financially responsible for any damages resulting from unauthorized use, copying, or distribution.
9. Privacy and Data Protection
Safety Secure is committed to protecting your privacy and handling your personal information in compliance with applicable data protection regulations, including the Protection of Personal Information Act (POPIA) in South Africa. This section outlines how we collect, use, store, and protect your data while using the App.
9.1 Compliance with the Protection of Personal Information Act (POPIA)
Safety Secure complies with POPIA requirements regarding the collection, processing, and security of personal information:
• Lawful Processing: All personal information collected is processed lawfully and transparently, ensuring data privacy and integrity.
• Data Minimization: We only collect information necessary for providing services, operating the App, and enhancing user experience.
• Data Retention: Safety Secure retains personal information only for as long as necessary to fulfill the purpose of its collection, or as required by law.
9.2 Types of Data Collected
Safety Secure may collect the following types of information:
• Personal Identification Information: This includes your name, email address, phone number, and other contact information provided during account registration.
• Account Information: Information related to your account settings, subscription plan, payment details, and service preferences.
• Usage Data: Details about your usage of the App, including activity logs, IP address, device type, and other technical data to enhance user experience and security.
• Content Data: Any data, reports, or content uploaded, submitted, or shared within the App for service purposes, including inspection records, images, and comments.
9.3 Use of Collected Data
Safety Secure uses collected data for the following purposes:
• Providing Services: To operate, personalize, and maintain the App’s features, including processing inspections, managing accounts, and delivering customer support.
• Improving Services: To analyze usage data and feedback, helping us optimize and enhance App performance, functionality, and user experience.
• Communication: To contact users regarding account updates, technical issues, promotional offers, policy changes, and other relevant information.
• Security and Compliance: To detect, prevent, and investigate fraudulent or unauthorized activities, ensuring the App’s safety and legal compliance.
9.4 Data Security and Safeguards
Safety Secure implements industry-standard security measures to protect your data from unauthorized access, alteration, and disclosure:
• Encryption: Sensitive data, such as payment information, is encrypted in transit and at rest to protect it from unauthorized access.
• Access Controls: Only authorized personnel have access to personal data, and strict access control policies are enforced.
• Regular Security Audits: Safety Secure conducts regular security assessments and audits to maintain and improve data protection practices.
9.5 User Rights under POPIA
In compliance with POPIA, users have the following rights regarding their personal information:
• Access to Information: You have the right to request access to personal information we hold about you. • Correction of Data: You may request correction of inaccurate or outdated information at any time.
• Data Deletion: You have the right to request deletion of your personal data if it is no longer needed for its intended purpose or if you withdraw consent.
• Objection to Processing: You may object to certain types of data processing, such as marketing communications, by updating your account settings or contacting us.
• Portability: Upon request and where feasible, Safety Secure may provide you with a copy of your data in a commonly used electronic format.
To exercise these rights, please contact Safety Secure using the contact information provided in these Terms. Requests will be processed in accordance with applicable laws and regulations.
9.6 Data Sharing and Disclosure
Safety Secure will not share your personal information with third parties except under the following conditions:
• Service Providers: We may share data with trusted third-party service providers who perform services on our behalf, such as payment processing, customer support, or data analysis. These providers are contractually obligated to protect your data and use it only for the purposes specified by Safety Secure.
• Legal Obligations: Safety Secure may disclose personal information if required by law or in response to a valid request from a legal authority.
• Business Transfers: In the event of a merger, acquisition, or sale of assets, personal information may be transferred to the new entity. You will be notified of any such changes and given the opportunity to opt-out if desired.
9.7 International Data Transfers
Safety Secure primarily stores and processes data within South Africa. If data is transferred to a different jurisdiction, such transfers are conducted in compliance with applicable data protection laws and with adequate safeguards in place to protect user data.
9.8 Data Retention and Deletion
Safety Secure retains personal data only for as long as necessary to fulfill its intended purpose, or as required by law:
• Retention Periods: Specific data retention periods are based on the type of data and legal requirements. Upon termination of an account, most user data will be deleted unless retention is required by law.
• Account Termination: Upon account termination, Safety Secure will delete or anonymize personal data within a reasonable timeframe. Certain data may be retained as part of aggregated data used for analytical purposes, without any personally identifiable information.
10. Limitation of Liability
To the maximum extent permitted by law, Safety Secure disclaims all liability for any damages arising from or related to your use of the App, including, but not limited to, direct, indirect, incidental, consequential, special, or exemplary damages. This section outlines the scope and limitations of Safety Secure’s liability, ensuring fair usage and risk-sharing between the Company and users.
Safety Secure is not liable for any damages arising out of or related to:
• Loss of Data: Loss, deletion, or unauthorized access to your data or User Content, whether resulting from hardware failure, software malfunction, security breaches, or user error.
• Loss of Revenue or Profits: Economic losses, including revenue, profit, or anticipated savings, resulting from disruptions in service or access to the App.
• Business Interruptions: Losses resulting from any downtime, technical issues, or maintenance interruptions affecting the App’s functionality or access.
10.2 Maximum Liability
If, notwithstanding the other provisions of these Terms, Safety Secure is found to be liable to you for any damage or loss arising out of or related to these Terms or your use of the App, Safety Secure’s liability shall in no event exceed the total amount of subscription fees you have paid in the twelve (12) months prior to the occurrence of the event giving rise to liability.
10.3 Third-Party Liability
Safety Secure is not responsible or liable for the conduct, actions, or content provided by third parties, including other users, advertisers, service providers, or any other entity or individual not directly affiliated with Safety Secure. Any disputes, claims, or damages arising from third-party interactions are solely between you and the third party.
10.4 Disclaimer of Warranties
The App is provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied. Safety Secure disclaims all warranties to the maximum extent permitted by law, including but not limited to:
• Implied Warranties of Merchantability: Safety Secure does not guarantee that the App will meet your specific needs or expectations.
• Fitness for a Particular Purpose: The App may not be suitable or free from errors for any particular business use, and Safety Secure is not liable for any misapplications.
• Non-Infringement: Safety Secure makes no warranty that the use of the App will not infringe upon the intellectual property or rights of third parties.
• Service Continuity: Safety Secure does not guarantee uninterrupted, timely, secure, or error-free access to the App.
10.5 No Liability for User Actions
Users are responsible for their own actions and the accuracy of any information or content uploaded to the App. Safety Secure is not liable for any consequences, damages, or losses resulting from user activities, including but not limited to improper use, misrepresentation, or negligence.
10.6 Limitation on Liability in Jurisdictions
Certain jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. If such laws apply to you, some or all of the exclusions or limitations in this section may not apply to you, and you may have additional rights. However, in such cases, Safety Secure’s liability will be limited to the fullest extent permitted by applicable law.
10.7 Indemnification by User
You agree to indemnify and hold harmless Safety Secure, its directors, employees, agents, affiliates, and partners from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:
• Breach of Terms: Your violation of these Terms.
• User Conduct: Any activity conducted through your account that results in legal action or damages.
• Third-Party Claims: Any claims brought by third parties against Safety Secure resulting from your use or misuse of the App.
11. Disclaimers
The Safety Secure App is provided “as is” and “as available,” without any warranties or guarantees. Safety Secure disclaims all express or implied warranties to the fullest extent permitted by law, including, but not limited to, the following:
11.1 No Warranty of Service Continuity
Safety Secure does not guarantee that the App will be available at all times or that it will operate continuously, without interruptions, or be error-free. Access to the App may be affected by external factors such as technical issues, scheduled maintenance, updates, or circumstances beyond Safety Secure’s control. Users accept that access to the App may occasionally be unavailable.
11.2 Disclaimer of Implied Warranties
To the maximum extent permitted by applicable law, Safety Secure disclaims all implied warranties, including but not limited to:
• Merchantability: Safety Secure makes no guarantee that the App will be suitable for your specific purposes or that it will meet the standards of merchantability for commercial use.
• Fitness for a Particular Purpose: The App is not guaranteed to fulfill any particular function, business need, or requirement unique to individual users. Users should verify that the App meets their requirements before subscribing.
• Non-Infringement: Safety Secure does not warrant that use of the App will not infringe upon the intellectual property or other rights of third parties.
11.3 Limitation of App Capabilities
Safety Secure provides no assurance that the App will function correctly on all devices, operating systems, or network environments. Users are responsible for ensuring their devices, software, and network connectivity meet the technical requirements necessary to access and use the App effectively.
11.4 No Guarantee of Accuracy or Completeness
While Safety Secure strives to provide accurate and up-to-date information within the App, it makes no guarantees regarding the accuracy, reliability, or completeness of any content, data, or information available through the App. Users are encouraged to independently verify critical information as needed.
11.5 Disclaimer Regarding Third-Party Content and Services
The App may contain links to third-party websites, content, or services, which are provided solely for convenience. Safety Secure does not endorse, control, or assume responsibility for any third-party content, products, or services accessed through the App. Users who interact with third-party content do so at their own risk and in accordance with the terms and conditions of those third parties.
11.6 No Responsibility for User-Generated Content
Users are solely responsible for any content they upload or share within the App. Safety Secure disclaims liability for any errors, omissions, or inappropriate content generated by users, as well as any consequences arising from reliance on such content. Safety Secure reserves the right to remove usergenerated content that violates these Terms or is deemed harmful, but is not obligated to monitor or edit user content.
11.7 Limitations Based on Jurisdiction
Some jurisdictions do not permit the exclusion or limitation of certain warranties. If these laws apply to you, some of the disclaimers in this section may not apply, and you may have additional rights as provided by applicable law. In such cases, Safety Secure’s liability will be limited to the fullest extent permitted by applicable law.
12. Indemnification
By using the Safety Secure App, you agree to indemnify, defend, and hold harmless Safety Secure, including its directors, officers, employees, agents, affiliates, and partners, from and against any and all claims, liabilities, damages, losses, expenses, or costs (including reasonable attorneys’ fees) arising from or related to:
12.1 Breach of Terms
Your violation of these Terms, including any action or omission that constitutes a breach of the responsibilities, representations, or warranties outlined in this agreement.
12.2 User Conduct
Any activities conducted through your account that result in harm, damage, or legal action. This includes, but is not limited to:
• Misuse of the App: Unauthorized use of the App or any prohibited actions as detailed in these Terms, such as attempts to gain unauthorized access or disrupt service.
• Violation of Laws or Regulations: Any use of the App that contravenes local, national, or international laws, including activities that infringe on third-party rights or privacy laws.
12.3 User Content and Third-Party Claims
Any claims brought by third parties due to content uploaded, shared, or otherwise made available by you within the App. This includes:
• Intellectual Property Infringement: Claims alleging that your content infringes on thirdparty intellectual property rights, trademarks, copyrights, or patents.
• Defamatory or Harmful Content: Claims alleging that your content is defamatory, harmful, misleading, or in violation of any legal rights.
12.4 Third-Party Service Interactions
Any issues or damages resulting from interactions, transactions, or relationships you establish with third-party service providers, advertisers, or other third parties found within or through the App. Safety Secure does not assume responsibility for third-party interactions and any issues arising from them are solely your responsibility.
12.5 Payment of Costs
You agree to promptly pay all costs, expenses, and damages awarded against or incurred by Safety Secure in any claims arising out of your actions or inactions, including settlement amounts and reasonable legal fees. Safety Secure reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Safety Secure in asserting any available defenses.
12.6 Notification of Indemnification Obligation
If you become aware of any claim, lawsuit, or legal proceeding that could give rise to an indemnification obligation under this section, you agree to notify Safety Secure immediately and cooperate fully in its defense. Safety Secure reserves the right to control the defense or settlement of any claim for which you are required to indemnify Safety Secure.
13. Termination
These Terms remain in effect as long as you continue to access or use the Safety Secure App. Both you and Safety Secure have the right to terminate or suspend access to your account under certain conditions, as outlined below.
13.1 Termination by User
You may terminate your account and discontinue using the App at any time by:
• Account Settings: Navigating to your account settings within the App and following the process to cancel your subscription and delete your account.
• Contacting Support: Alternatively, you may contact Safety Secure’s customer support team to request account termination.
Upon termination, all data and content associated with your account may be permanently deleted, in accordance with Safety Secure’s Data Retention Policy, unless otherwise required by law. No refunds will be issued for any remaining time on a subscription unless otherwise specified in the Refund Policy.
13.2 Termination by Safety Secure
Safety Secure reserves the right to suspend or terminate your account at any time, with or without notice, if:
• Violation of Terms: You breach any provision of these Terms or engage in any prohibited activity as outlined in this agreement.
• Illegal or Harmful Activities: You are involved in activities deemed harmful, unlawful, or potentially damaging to Safety Secure, the App, other users, or third parties.
• Non-Payment: If your account remains unpaid after attempts to collect outstanding fees, Safety Secure reserves the right to suspend or terminate your access to the App until payment is resolved.
Safety Secure may also terminate accounts for inactivity if an account has not been accessed for an extended period. Safety Secure will notify the user before terminating for inactivity where possible.
13.3 Effect of Termination
Upon termination of your account, whether by you or by Safety Secure:
• Access Restrictions: You will lose access to all features, content, and services associated with your account, including any data stored within the App.
• Data Deletion: Most of your data will be permanently deleted from Safety Secure’s systems, subject to the Data Retention Policy. Certain anonymized data may be retained for analytical or reporting purposes.
• Ongoing Obligations: Certain obligations under these Terms, such as indemnification, intellectual property rights, limitation of liability, and governing law, will survive termination and continue to apply.
13.4 Reactivation of Account
If your account is terminated due to non-payment or other correctable issues, you may have the opportunity to reactivate your account by:
• Resolving Outstanding Issues: Addressing the cause of suspension, such as making overdue payments or agreeing to comply with specific Terms.
• Service Reinstatement Fee: In certain cases, a reactivation fee may be required to cover administrative costs associated with reinstating your account.
Reactivation requests will be evaluated by Safety Secure on a case-by-case basis, and Safety Secure reserves the right to deny reactivation at its discretion.
14. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles. This section establishes the framework for resolving any disputes that may arise between you and Safety Secure in relation to these Terms or the App.
14.1 Governing Law
• Applicable Law: This agreement, including all disputes related to the interpretation, validity, enforcement, or termination of these Terms, shall be governed by the laws of South Africa.
• Jurisdiction: You agree that any claims or disputes arising under these Terms shall be subject to the jurisdiction of the courts of South Africa.
14.2 Dispute Resolution Process
Before pursuing formal legal action, both Safety Secure and you agree to make a good-faith effort to resolve any disputes informally. This process includes:
• Notice of Dispute: Either party may initiate the dispute resolution process by providing the other party with written notice of the dispute, outlining the nature of the claim and proposed solutions.
• Good-Faith Negotiations: Within 30 days of receiving a notice of dispute, the parties will attempt to resolve the matter through informal discussions. Both parties agree to cooperate and communicate openly to achieve a resolution.
14.3 Binding Arbitration
If the dispute cannot be resolved informally, it shall be resolved through binding arbitration as follows:
• Arbitration Rules: The arbitration shall be conducted under the rules of the Arbitration Foundation of Southern Africa (AFSA) or another mutually agreed-upon arbitration body.
• Location and Language: The arbitration will take place in South Africa, and all proceedings will be conducted in English.
• Arbitration Fees: Each party will be responsible for their own legal costs, and arbitration fees will be shared equally, unless the arbitrator rules otherwise.
• Finality of Decision: The arbitrator’s decision shall be final and binding on both parties, and judgment on the arbitration award may be entered in any court with jurisdiction.
14.4 Exceptions to Arbitration
Safety Secure reserves the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent misuse of intellectual property or to address any action that may cause irreparable harm to Safety Secure or its users. In such cases, the parties agree that this right is not subject to the arbitration provisions in these Terms.
14.5 Waiver of Class Action Rights
To the fullest extent permitted by law, both you and Safety Secure agree that:
• No Class Actions: Disputes with Safety Secure must be resolved on an individual basis, and neither party will participate in a class action, collective action, private attorney general action, or any other representative action.
• Waiver of Group Claims: You agree to waive any right to bring disputes in a consolidated or group form, whether through arbitration or court proceedings.
14.6 Limitation Period for Claims
All claims arising from these Terms must be filed within one (1) year of the event giving rise to the claim. Claims filed after this period will be deemed waived.
15. Amendments and Changes to Terms
Safety Secure reserves the right to modify, amend, or update these Terms at any time to reflect changes in the App, legal requirements, or operational practices. This section outlines the procedure for making changes and how such changes will affect your relationship with Safety Secure.
15.1 Right to Amend Terms
• Scope of Changes: Safety Secure may update these Terms to clarify provisions, introduce new policies, or reflect updates to the App’s features, subscription options, or payment structures. Amendments are made to ensure these Terms align with legal, regulatory, and operational requirements.
• Types of Amendments: Changes may include modifications to policies on account management, privacy practices, payment structures, user responsibilities, and any other aspect of these Terms.
15.2 Notification of Changes
• Advance Notification: Safety Secure will provide notice of material changes to these Terms, either through the App, by email, or by other means reasonably calculated to reach users, at least 30 days before the changes take effect.
• User Responsibility to Review: Users are responsible for reviewing any updated Terms. Safety Secure will make the revised Terms available within the App or on its website for users to review.
15.3 Acceptance of Modified Terms
By continuing to access or use the App after the effective date of any changes, you signify your acceptance of the modified Terms. If you do not agree to the amended Terms, you must discontinue using the App and may request account termination.
15.4 Non-Material Changes
For non-material changes, such as minor editorial updates, typographical corrections, or clarifications, Safety Secure may implement these adjustments without prior notification. Users are encouraged to periodically review the Terms to stay informed of any non-material updates.
15.5 User-Initiated Changes
Users may not alter or amend these Terms without written consent from Safety Secure. Any attempted modifications by users will be null and void.
16. Contact Information
Safety Secure is committed to providing support and addressing any questions, concerns, or feedback you may have regarding these Terms, the App, or any related services. Users can reach out to Safety Secure’s support team through the following contact channels:
• Customer Support Email: support@safetysecure.co.za
• For inquiries related to account management, billing, technical support, or general questions about the App and its features.
• Customer Support Phone Number: 064 541 0377
• Phone support is available during business hours for urgent issues or account assistance.
• Mailing Address: admin@safetysecure.co.za
• Users may send formal correspondence to Safety Secure at this address for matters requiring written documentation or other official communications.
Safety Secure’s support team is dedicated to responding to inquiries promptly and to providing users with resources or assistance as needed. For the fastest resolution, users are encouraged to include as much detail as possible in their communications, including account details and descriptions of any issues encountered.
17. Acknowledgment
By accessing and using the Safety Secure App, you confirm that you have read, understood, and agree to these Terms and Conditions. You acknowledge that:
• Understanding of Terms: You have reviewed and comprehended each section of these Terms, including but not limited to your responsibilities, payment obligations, intellectual property restrictions, and limitations on Safety Secure’s liability.
• Voluntary Agreement: Your use of the App constitutes a voluntary agreement to abide by these Terms, including any modifications that may be made over time as outlined in Section 15.
• Binding Effect: These Terms create a legally binding agreement between you and Safety Secure, enforceable under applicable law. You agree to comply with all requirements and restrictions outlined in these Terms, and you acknowledge that failure to adhere may result in account suspension, termination, or legal action.
If you do not agree to these Terms in full, you must discontinue your use of the App and may contact Safety Secure for account termination. Your continued access to and use of the App indicates your full acceptance of these Terms.