Terms of Service — SafeMe Mobile App

Effective from: 01.06.2023
General Terms — Poland

Basic rules

These Terms apply to the SafeMe mobile app in Poland. The Mobile App Services let you order the services offered by SafeMe. Please read these Terms carefully. They contain information about the services, your rights, and other important information.

Definitions

In these Terms, the following words and expressions mean:

Administrator — the person authorised to manage the SafeMe App, who may add, remove and modify the data of Authorised Persons,
Service — the activities and benefits offered by SafeMe or third parties,
SafeMe App — the app installed and run on a Mobile Device, intended for communication between the User and SafeMe, in particular allowing the User to: order location supervision, and raise an emergency alert to the State emergency services (number 112). The User can download the app from Google Play for Android Mobile Devices, or from the App Store for iOS Mobile Devices,
User — a natural person who has registered an account in the SafeMe mobile app and uses its services,
App password — a password generated by the user, used to log in to the app,
Safety and threat password — a password generated by the user, used to call for help or to inform SafeMe that there is no threat,
Login — the user’s individual ID number in the IT system — the mobile phone number,
SafeMe Safety Assistant — a qualified SafeMe employee on duty at the Safety Monitoring Centre,
Safety Monitoring Centre — the unit responsible for the continuous safety supervision of Users and for monitoring alarm signals sent from the mobile app and generated via SafeMe, as well as for collecting and processing them; available 7 days a week, 24 hours a day,
Cancelling a call for help — notifying the SafeMe Safety Assistant using the relevant password,
PUSH notifications — notifications from SafeMe delivered via the server system belonging to the provider of the Device’s operating system,
Terms — these terms of service for the SafeMe mobile app,
SafeMe — the name of the mobile app belonging to SFM SOFT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, KRS 0001024285, NIP: 5273046788, UL. JANA KAZIMIERZA 64/128, 01-248 WARSZAWA, Poland, e-mail: biuro@safeme.pl,
ICT system — a set of cooperating IT devices and software that ensures the processing and storage, as well as the sending and receiving, of data over telecommunications networks by means of a terminal device appropriate for the given type of network,
Agreement — the agreement concluded between SafeMe and the User, under which SafeMe provides the User with services including, in particular, supervision and intervention in response to alarm signals from the mobile app / mobile device,
Mobile Device — a portable electronic device connected to the Internet using wireless technology (3G, 4G, 5G, LTE, Wi-Fi), running Android version 4.0.3 or higher, or iOS version 8.0 or higher, on which the SafeMe mobile app is installed.

1. General provisions

1.1 These Terms set out how you can access and use the SafeMe mobile apps and/or websites. Before starting to use these apps and websites, please read and agree to these Terms carefully. Giving your consent is equivalent to concluding a distance contract between the User (you) and SafeMe. If you do not accept these Terms, you may not access or use the SafeMe mobile apps and/or websites. These Terms replace all previous agreements or arrangements regarding the SafeMe mobile apps and/or websites between you and SafeMe.

1.2 These Terms apply wherever they do not conflict with any other terms of use and additional terms that may specifically concern the SafeMe mobile apps and/or websites. In such situations you will be asked to give separate consent.

1.3 In providing its services, SafeMe acts as an intermediary and coordinator, using the services of external licensed (concessioned) security service providers.

2. These Terms

2.1 These Terms are available at https://safeme.uk/app-terms-of-service.

2.2 These Terms set out the type, rules and conditions under which Users may use the Services via the SafeMe App, the complaint-handling procedure, and the conditions for concluding and terminating agreements for the provision of Services by electronic means.

2.3 SafeMe reserves the right to amend the Terms for important reasons, in particular the need to adapt to applicable/changing laws, or in the event of changes to the functionality/improvement of the mobile App. Any changes to the Terms will be sent to users, and the changes will come into force 14 days after the updated Terms are sent.

2.4 If a user is properly informed of changes to the Terms, they have the right to stop using the services within 14 days of receiving the notice. Continuing to use the services after this period has elapsed means that the user agrees to and accepts the changes to the Terms.

2.5 If a change to the Terms results in the introduction of new fees, users who are consumers or entrepreneurs with consumer rights, as referred to in Article 7aa of the Act of 30 May 2014 on Consumer Rights, will have the right to withdraw from using the services within 14 days of being notified of the proposed changes.

3. Mobile App / Website Services

3.1 The services provided by SafeMe consist of:

a) supervising location during journeys made by private taxis, journeys ordered through an app, car journeys, bicycle journeys, and journeys on foot — carried out by employees of the Safety Monitoring Centre,
b) informing the user of events that may indicate a threat, e.g. by sending a PUSH message such as: “We are still watching your journey, call for help if you feel threatened, we will take the appropriate steps to keep you safe.”, “You are returning to a safe zone. You are back in the safe zone. We continue to watch over your safety.”, “You are approaching your destination, if you do not feel threatened, turn off the observation.”,
c) passing on complete information to the State emergency numbers, when the user reports the need for help or when the employees of the Safety Monitoring Centre identify a threat to users,
d) PUSH notifications when the mobile device loses connectivity.

3.2 Activation and general terms of the service in the SafeMe mobile app

3.2.1 To register, the user must provide true details matching an identity document (identity card or passport), such as: first and last name, mobile phone number, e-mail address (you can find out how SafeMe processes personal data in our Privacy Policy). The system will generate an authorisation code, which the user will receive by SMS.

3.2.2 After paying for the package of services chosen from SafeMe’s offer, the user has the right to unlimited use of the location supervision services (the “Order an Observation” Service) and safety support, and has the right to call for help (the “Call for Help” Service), provided that the final decision on identifying a threat to the User, based on the data received from the app and other information received from the user, is made by qualified staff of the Safety Monitoring Centre.

3.2.3 The Terms set out the rules of how the service works; the following points describe the scheme by which the app and the available services function:

a) supervision of the journey route (the “Order an Observation” Service) to support safety — this is a service in which the user asks SafeMe to supervise and verify their journey route, providing details such as: the starting point, the destination, and the mode of transport. Using the available IT solutions, the Safety Monitoring Centre is able to determine whether the client is in a threatening situation or whether there is a likelihood of such a situation arising. The Safety Monitoring Centre has solutions that can detect whether the user is moving towards their intended destination or whether the journey is proceeding without issue. If a situation arises in which the user may be in danger, the Safety Monitoring Centre will direct the State services to the user to ensure their safety,
b) call for help — this is a service by which the user can discreetly report that, in their assessment, they are in a threatening situation. This is a message that reaches the Safety Monitoring Centre; at the same time, an employee will make two attempts to contact the user, to assess the type of help needed, and to provide professional guidance on how to act in a threatening situation. If the user does not answer the phone and does not respond to the Safety Monitoring Centre’s attempts to make contact, the Safety Monitoring Centre employee will send information to the emergency number, reporting the potential threat, in order to provide the necessary help. In situations where the user calls for help and does not respond to the Safety Monitoring Centre’s attempts to make contact, SafeMe will inform the emergency number of this event and will close the report from the client at this stage.

3.2.4 Every user who has registered and paid for the chosen package is required to comply with the Terms.

3.2.5 SafeMe is not obliged to check the quality or strength of the data transmission of the user’s mobile device. Where a user does not have a sufficient data package and a level of data transmission that ensures the app can function, SafeMe is not liable for the correct functioning of the mobile app. Accordingly, SafeMe is not liable in the event that a service or functionality of its products is unavailable for reasons beyond our control, including but not limited to server downtime, disruption to the GSM and GPS networks, the mobile device running out of power, e.g. through the battery being discharged, and other situations in which the app cannot be used for reasons that are not our fault.

3.2.6 Where a user calls for help and, in the meantime, switches off their phone for any reason beyond the control of the service provider, SafeMe is likewise not liable for the correct functioning of the mobile app or for the service not being performed.

3.2.7 SafeMe takes due care to ensure users receive the highest level of service. However, due to a number of factors beyond SafeMe’s control, the Service Provider is not able to guarantee user safety in every case. The Service Provider maintains continuous supervision of the app’s operation in order to minimise the risk of threats occurring; however, it is not liable for any damage that may result in the event of a breach of the user’s safety. In the event of a threat, the user is required to immediately inform SafeMe of this fact, and to take all necessary steps to minimise damage, following the instructions of the Safety Monitoring Centre employee. The Service Provider is not liable for the consequences of a threat being reported by the user late or incorrectly. To ensure maximum safety, the user undertakes to comply with the Terms and with SafeMe’s instructions and recommendations on using the app.

3.2.8 SafeMe provides ICT services consisting of making the app available to the user, for a fee, for the purpose of supporting the user’s safety by enabling contact with qualified employees on duty at the Safety Monitoring Centre, who intervene directly at the user’s request. SafeMe is not a company providing physical protection of persons and property services, but solely a provider of modern technology, and is therefore not liable for the interventions or actions or omissions of the State services.

3.3 Prohibition on infringing copyright

3.3.1 The user undertakes to comply with all copyright, patent, trademark, privacy protection and other intellectual property rights belonging to the service provider, other app users or other third parties.

3.3.2 The user has no right to copy, modify, distribute or publish content made available by the service provider or other users, without the express consent of their owners.

3.3.3 Where a user infringes copyright or other intellectual property rights, the service provider has the right to immediately suspend the user’s access to the app or their user account, and to take legal action to obtain compensation for the damage caused.

3.3.4 The service provider reserves the right to remove content found to infringe copyright or other intellectual property rights, without prior notice to the user.

3.4 Protection of personal data

3.4.1 SafeMe undertakes to protect the privacy of app users and to process their personal data in accordance with applicable law and the Privacy Policy it has adopted, which is available on the website and in the app, as well as in accordance with the Polish Act of 10 May 2018 on the Protection of Personal Data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

3.4.2 SafeMe processes users’ personal data solely for the purpose of providing services related to the use of the app, including enabling the use of the app’s functionality, ensuring user safety, handling enquiries and complaints, and, where the user has given their consent, for marketing purposes.

3.4.3 SafeMe does not transfer users’ personal data to third parties without their express consent, unless it is necessary for providing services related to the use of the app or is required by law.

3.4.4 The user has the right to access, modify, and delete their personal data, and to withdraw their consent to its processing at any time, subject to applicable law.

3.4.5 SafeMe makes every effort to ensure the security and confidentiality of users’ personal data being processed, including applying appropriate technical and organisational protective measures.

3.4.6 Detailed information about the processing of users’ personal data, including the purposes, methods and rules of processing, data recipients, the data retention period, users’ rights, and other important matters relating to the protection of personal data, can be found in the App Privacy Policy, available on the SafeMe website and in the app.

3.5 Payments

3.5.1 The app is paid for under a subscription model granted to the User. Subscription payments are processed via Stripe and can be made by payment card, Apple Pay or Google Pay.

3.5.2 SafeMe offers the following packages: Personal (1 person), Family (3 people) and Family+ (5 people). New Users can try the app free of charge during a 7-day trial period. The subscription is billed monthly or annually; on an annual billing cycle, the User pays the equivalent of 10 months’ subscription. Current package prices are shown on the “About the app” page on the SafeMe website and in the app.

3.5.3 The user undertakes to make payments on time, for the period for which the subscription was purchased (a month or a year, depending on the chosen billing period), and to ensure sufficient funds are available in their account.

3.5.4 If a subscription payment is not settled on time, SafeMe has the right to suspend or deactivate the user’s account without notice. The SafeMe service provider allows for a grace period, during which the User retains access to selected functionality despite the payment deadline having passed. The length of the grace period and the functionality available during it may vary depending on the applicable offer terms. Once the grace period ends, the service may be restricted or suspended until payment is settled.

3.5.5 Payments are made using an electronic payment system. SafeMe does not store the user’s payment card details; transactions are processed via Stripe, an external payment provider.

3.5.6 The user may cancel their subscription at any time, in accordance with the rules set out in the app. If the subscription is cancelled, the user retains full access to the app’s functionality until the end of the period for which they have paid.

3.5.7 The user may request a refund without giving a reason within 14 days — in accordance with the Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014, item 827, as amended): “A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs indicated below.”

3.5.8 SafeMe reserves the right to change subscription prices and the products in its offer, in accordance with applicable law.

3.5.9 The user has the right to submit complaints regarding payments, including payment system errors, directly to SafeMe. Complaints should be sent to the e-mail address: support@safeme.pl, with “Complaint” in the subject line. The message should describe in detail the reason for the complaint. SafeMe undertakes to review the complaint within 14 calendar days of receiving it and to inform the user of the outcome of the complaint procedure.

3.5.10 Detailed information about subscription payments, including costs, payment deadlines, the rules for making payments, and other important matters relating to payments, can be found in the “Payments” section in the app and on the SafeMe website.

3.6 Final provisions

3.6.1 The Terms form an integral part of the agreement between the user and SafeMe.

3.6.2 Any disputes arising from the performance or interpretation of these Terms will be resolved by the competent Polish courts, in accordance with Polish law.

3.6.3 If you have any questions, comments or concerns regarding the Terms, you may contact SafeMe electronically or in writing at the address given in the Terms.

3.6.4 These Terms come into force on the day they are published in the SafeMe app and remain in force until amended or revoked.