TERMS OF USE

The Terms of Use of this mobile application (the “App” or the “Services”) and the license to you set out herein (the “License”) (collectively, the “Agreement”) explains the terms and conditions by which all users, account holders, subscribers or licensees, as the case may be, (“you”, “your”) may use the App. This software is licensed to you, and not sold, transferred, conveyed, or otherwise by Haven Safe Technology Corporation (“Haven”, “us”, “our”, “we”). 

 

By clicking “I AGREE”, you acknowledge you have read, understood, and agree to be bound by this Agreement and the terms of the License set out herein. If you do not agree to this Agreement and the terms of the License set out herein, you agree you will immediately discontinue any use of the App and delete the App from your mobile phone devices.

 

1. Nature of the Services

 

Haven provides a mobile application that can be used by you and other users to feel safer and keep one another safer through advanced mobile applications (the “Vision”). Subject to your acceptance of these Terms of Use, this Agreement grants you license to use the App.

 

To achieve our Vision, we provide users with the technological capacity to seek immediate assistance and/or assist others ("Angels") during a critical incident. The App captures, retrieves and stores electronic data, including but not limited to, text, audio, and your coordinates location which can then be shared with i) your specific Angels, users and groups on the App, ii) with emergency responders and third parties that can be alerted through the App, or iii) with Haven’s affiliated third parties.

 

2. Eligibility

 

You may use the Services only upon your acceptance of this Agreement and your ongoing compliance with these Terms of Use and all applicable local, provincial, state, national and international laws, rules and regulations. Persons below the legal age of majority in their applicable jurisdictions or minors can only use the Services with the permission and supervision of an adult parent or legal guardian. In such cases, the parent or legal guardian is the individual responsible under these Terms of Use. By clicking “I AGREE”, you represent and warrant that you are of the legal age or have permission from a parent or legal guardian to enter into a contract in the relevant jurisdiction and that you agree to these Terms of Use.

 

3. Proprietary Rights

 

Haven’s proprietary software provided through, or in connection with the App (the “Software”) and the App itself is owned and operated by Haven.

 

You acknowledge that all intellectual property in the App, including but not limited to, Software, hardware, firmware, source code, information, documentation, user logs, user feedback, photos, audio records, and digital files of any kind and any other intellectual property related to the Services (“Haven IP”) are the exclusive property of Haven. All Haven IP rights are reserved.

 

Haven (Haven Safe Technology Corporation), and related words and logos are our trademarks or trade names. Nothing in this Agreement or within the Services should be construed as granting any license or right for you to use any such marks or names in any way. We expressly reserve all our trademark rights. You agree that you will not remove, cover or otherwise alter any name or other identifying marks.

 

The names of others referred to on the Services may be trademarks or trade names of their respective owners. Any unauthorized use of our trademarks or trade names or those of third parties is strictly prohibited.

 

4. Haven Accounts, Grant of Rights and License Terms

 

To use the Services, you must register for a Haven account. You have the right under your license, during the term of the license, to install, execute or run the Software and the App on your mobile phone device. The License gives you access to one account, either a Free Account or a Premium Account, which you may access through your mobile phone device. The terms of your License shall be directed by the type of account that you choose to register for. 

 

a. Free Accounts and Free Account Holder License

 

You can use the Services for free on a free-to-use account (“Free Account”) as a non-paying Services user (“Free Account Holder”). Without purchasing a subscription, the Free Account Holder will have limited access to the Services.

 

As a Free Account Holder, you are granted and you accept a non-transferable, non-sublicensable, non-exclusive, perpetual, revocable, royalty-free license (“Free Account Holder License”) to install, operate and use the Services and to share copies of any data or information on the App  (“Free Account Holder Content”) for your personal, noncommercial uses subject to this Agreement.

 

b. Subscription Accounts and Subscription Account Holder License

 

You can use the Services for a paid amount for a subscription-based account (“Premium Account”) with additional features of the Services are available to monthly subscribers of a Premium Account ("Premium Account Holder").

 

Purchasing a subscription provides the Premium Account Holder access to all features of the Services. Premium Account Holders’ status updates and information (“User Logs”) are stored indefinitely, Premium Account Holders can download and share audio recorded and can also view and review location data collected while using the Services when browsing the User Logs tab within the Services (collectively the “Premium Account Holder Content”). 

 

As a Premium Account Holder, you are granted and you accept a non-transferable, non-sublicensable, non-exclusive, revocable license to install, operate and use the Services and to download, store and share copies of the Premium Account Holder Content for personal, noncommercial uses subject to this Agreement. A Premium Account Holder License expires upon the expiry of the subscription which can be 1 month or 12 months long, and which can be secured in consideration for the subscription fees set out herein in the section “Subscription Fees” below.

 

c. Your Conduct

 

Use of the App and the Services under a license must comply with the terms of this Agreement and all applicable laws. You agree that you will only use the Services lawfully in accordance with Haven’s Vision and will not in any way, directly or indirectly, use the Services to:

 

  1. violate the rights, including but not limited to privacy rights, of others or intentionally or unintentionally violate any applicable local, provincial, national or international law;

  2. upload, post, transmit, or otherwise, make available any content that is harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libellous, invasive of another’s privacy, exploitative, subversive, hateful, racially, ethnically or otherwise objectionable or generally unlawful;

  3. exploit, “stalk”, harass or otherwise harm others including minors;

  4. falsely impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  5. collect any personally identifiable information from the Services;

  6. in any way disobey or act contrary to the terms of any website that this App may link to;

  7. copy, transfer, decompile, modify, adapt, customize, enhance, reverse engineer, disassemble, attempt to derive or extract the source code of, decrypt, or create derivative works of the Software, the App or any part thereof or to enable or authorize others to do the same;

  8. attempt to override, bypass or circumvent any of the usage Terms of Use, technical protection and security measures, or restrictions on the App;

  9. obtain data through any form of “scraping” or use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services;

  10. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; or

  11. uploading invalid data or malicious software through the App.

 

Should Haven suspect or determine, in its sole discretion, that a User has engaged in any of the restrictions set out above or in non-compliance with this Agreement, Haven may suspend or terminate this License and any associated accounts or subscriptions as it deems appropriate.

 

d. Haven’s right to suspend or terminate the Services

 

You acknowledge and agree that Haven may, in our sole discretion, refuse to establish an account, and/or may terminate or suspend your account or subscription for any reason, including without limitation, if Haven reasonably believes that you have:

 

  1. Breached the code of conduct as set out in this Agreement;

  2. Restricted or inhibited others’ use and enjoyment of the Services;

  3. Misused the Services or that the Services have or may be misused by any third party who has obtained access to the Services through your account or subscription; and/or

  4. If Haven believes that you have, in any other way violated or acted inconsistently with this Agreement.

 

To the extent that your conduct, as determined by Haven in our sole discretion, does not comply with the terms of this Agreement, we may limit your use of the Services, revoke or terminate your subscription or account and seek any other remedy available under the law as appropriate.

 

Termination of the License and/or this Agreement will not prejudice or affect the rights or claims of Haven and will not release you from any of the restrictions of this Agreement and the License granted here, all of which will survive termination.

 

5. Security of your Account

 

You may never use another user’s account without permission. When creating an account, you must provide information that is accurate, up to date, and complete. You must always keep your account information secure and confidential. You agree not to disclose account information to any third party and not to allow anyone access to your account. You agree that you are solely responsible for the activity that occurs on your account. 

 

You will be held liable for any and all damages that can be linked or traced back to your account whether caused by you or a third party. We encourage you to use a “strong” password with your account. You must notify us immediately of any breach of security or unauthorized use of your account. Haven will not be liable for any losses caused by any use of your account whether it is a Free Account or a Premium Account.

 

6. Subscription Fees

 

Subscriptions may be purchased in-App through Google or Apple as a monthly or yearly package priced accordingly:

 

1 month = $3.99 CAD, or USD equivalent with exchange rates provided by the respective mobile app store.

 

12 months = $34.99 CAD, or USD equivalent with exchange rates provided by the respective mobile app store.

 

All subscription fees (“Subscriptions”) are payable in lump-sum payments in advance of getting access to the Services available to a Premium Account Holder. Haven is not responsible for any charges or expenses you incur resulting from charges billed by Haven in accordance with this Agreement.

 

a. Automatically Renewed Subscriptions

 

Payment will be charged to your iTunes account or Google Play account at the confirmation of the purchase of a Subscription.

 

A Subscription automatically renews unless the Subscription is cancelled at least 24-hours before the end of the current billing cycle. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal through in-app notifications.

 

Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

 

b. Refunds

 

Subscription purchases are 100% refundable for 24 hours after purchase. After 24 hours have elapsed, the Subscription sale is final, without exception.

 

c. Cancellations

 

To cancel your account or Subscription, please send a notice of cancellation to support@havensafe.co. Once deleted, we will continue to store all data from your Account for up to 30 days, after which all personally identifiable data will be permanently deleted from our servers. We will respond with verification of account deletion, including data deletion, or notice that cancellation will be done without refund of initial payment.

 

d. Pricing Changes

 

Haven may change the price for the Services. Price changes will not affect the user’s current subscription but will apply to any renewal or new subscription purchased after the price change takes effect. Haven will try and provide you with notice of any price change by email.

 

7. Changes to Haven’s Services or this Agreement

 

We may, without prior notice, change the Services, stop providing the Services or features of the Services or create usage limits for the Services. 

 

You acknowledge that Haven may, from time to time, issue upgraded versions of the Services, and may automatically upgrade the Services through your App. You consent to such automatic upgrading and agree that this Agreement will apply to all such upgrades. You are responsible for all mobile data usage resulting from your use of Services. 

 

8. Your Communications with Haven

 

To ensure that Haven can successfully deliver the Services to you, to provide you with updates about the Services by way of bi-weekly newsletters, and to inform you about changes to this Agreement, you hereby consent and agree to allow Haven to communicate with you via push notification sent directly through the Services or by email. Any email communications can be stopped using the unsubscribe link at the bottom of any email received from Haven.

 

9. Geographic Coverage Area

 

The App is designed for residents of Canada and the United States of America. Some features of the App may not work in areas outside the wireless App geographic coverage area for the mobile phone device that the App is installed on.

 

10. Protecting Your Privacy

 

We strongly value the privacy of our users. You agree that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy which is hereby incorporated by reference into this Agreement.

 

11. Security

 

The integrity and security of your information are very important to Haven and we use industry-standard precautions to protect your information. The details of how we secure your information are set out in our Privacy Policy. However, we cannot guarantee that unauthorized third parties will never be able to intrude on our security measures or use your personal information for improper purposes without your knowledge. You understand and acknowledge that any information provided when using the Services is strictly at your own risk.

 

12. Disclaimers

 

You expressly understand and agree that:

 

  1. To the fullest extent permitted by law, Haven disclaims any and all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, and non-infringement and fitness for a particular purpose. Haven makes no representations or warranties of any kind including, without limitation, any representations or warranties about the accuracy, availability, reliability, completeness, currency or timeliness of the Services. You acknowledge that your use of the Service is at your sole risk and the Services are provided “as-is”. 

  2. Haven makes no warranty that:

    1. The Services will be uninterrupted, continuous, timely, secure, or error-free, or that the Services will meet your expectations;

    2. The data uploaded onto or obtained by the App can or may be used in legal proceedings;

    3. That emergency dispatch telephone numbers will be available or accessible from your last known location;

    4. That Haven will be able to always and accurately determine your location; or that it will be possible to make a phone call from your mobile phone device or to maintain a telephone connection with your mobile phone device in the event of an emergency.

  3. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and that Haven will not be responsible for any damage to your mobile phone devices or loss of data that results from the download of any such material.

  4. Haven disclaims all consequences of your use of any Service for civil, criminal, or legal actions.

 

13. Limitation of Liability

 

YOU ACKNOWLEDGE THAT ANY USE OF OR RELIANCE ON THE SERVICES IS COMPLETELY AT YOUR OWN RISK. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR THE SELECTION OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS, FOR THE APP INSTALLATION AND FOR THE USE OF AND RESULTS OBTAINED FROM THE SERVICES. HAVEN IS NOT RESPONSIBLE FOR ANY UNLAWFUL USE OF THE APP OR THE SERVICES.

 

The Services are intended as tools in daily use and in an emergency or critical incident. However, no decisions regarding your health and safety should be made based on the Services alone. Haven does not accept any responsibility or liability for your safety including but not limited to negligence or failure to act in a safe manner, personal injury, death, or other consequences suffered by you or by third parties as a result of or in connection with your use of the Services.

 

You assume the entire cost of any damages resulting from your use of the Services. You agree that Haven will not be responsible or liable for any loss, damages, claims or liabilities whatsoever, including but not limited to: direct, indirect, special, punitive or consequential damages, disease, deterioration of health, injury or death, loss of information or programs or data, loss of profits, and loss of revenues arising from or in connection with the use of or access to the Services (whether arising in contract, tort, negligence, equity, common law or otherwise), even if Haven has been advised of the possibility of such damage or loss. You agree not to participate in any class action against Haven.

 

Without limiting the foregoing, to any extent that the aforementioned limitation of liability may not apply, Haven’s liability for damages to you shall not, in the aggregate, exceed the total subscription fee paid by you for any subscription under this Agreement.

 

You further agree that Haven will not be responsible for any unauthorized access to or use of the Services and or any and all personal information stored therein, any interruption, cessation of transmission to or from our Services any bugs and/or viruses, 

In the event that you are sued for, being investigated for or accused of using the Service in the commission of a crime or for unlawful purposes, you agree:

 

  1. To immediately notify Haven by sending an email to support@havensafe.co;

  2. not to object to any attempts or efforts by Haven to have standing in any legal proceeding; and

  3. to keep terms of any settlement agreement strictly confidential.

 

14. Indemnity

 

You agree to indemnify and hold harmless Haven, and its officers, directors, agents, partners, and employees, contractors, affiliates, and affiliated third parties from and against any and all third-party claims, demands, liabilities, costs, expenses, losses or damages whatsoever including, without limitation, legal fees and disbursements, resulting from or arising directly or indirectly from (a) your use of the Services; (b) your violation of this Agreement and (c) your violation of applicable laws or regulations that result from or are in any way connected to your use of the Services.

 

15. Jurisdiction

 

You agree to follow and abide by the relevant laws and regulations in the jurisdiction in which you use the Services. This Agreement shall be governed by the laws of Ontario, Canada. You hereby submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario.

 

16. Severability

 

If any provision of this Agreement is found or held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such a determination shall not affect the validity and enforceability of any other remaining provisions in this Agreement.

 

17. Notices and Contact

 

If you have any questions about this Agreement, our Services please do not hesitate to contact us at: support@havensafe.co.