1.1These SoloProtect Terms and Conditions (“Terms”) are entered into between SoloProtect Limited (“SoloProtect”, “us” or “we”) and you, the consumer (“Customer” or “you”) and create a legally binding contract between you and us.
1.2These Terms govern your use of the SoloProtect Application and Services, as defined below.
1.3Some of the words used in these Terms are capitalised and have a special meaning as set out in clause 2.
1.4These Terms will always be available through your SoloProtect Application.
1.5If there’s anything about your contract with us that you’re unsure about you can email us at support@soloprotect.com.
2 DEFINITIONS
“Alarm Receiving Centre” or “ARC” means the alarm receiving centre or emergency dispatch centre that performs alarm monitoring services, and which are provided by SoloProtect or its Partner ARCs to monitor alarms from the SoloProtect Application.
“Commencement Date” means the date you purchase a Subscription through the Website.
“Escalation Contacts” means the contact details of the person(s) you wish us to contact in the event of an Incident.
“Fees” means the fees payable by you for the provision of the SoloProtect Application and Services, as set out at the time of purchasing a Subscription via the Website.
“Incident” means any circumstance where you are subject to either perceived, threatened or actual physical or verbal abuse or assault.
“Intellectual Property Rights” means patents, trademarks, internet domain names, service marks, registered designs, applications for registration of any of the foregoing, copyright, design rights, trade and business names, trade secrets and knowhow and any other similar protected rights in any country subsisting now or in the future.
“Location Data” means any data processed from a SoloProtect Application or the Customer’s mobile device, indicating its geographical position including data relating to its latitude, longitude or altitude, the direction of travel of the Customer or the time the location information was recorded.
“SoloProtect Services” means the services you specifically purchase via the Website, including our personal safety alarm monitoring and escalation service and/or the SoloProtect Incapacitation Service.
“Sign-Up Requirements” means providing us with certain information via secure form, including your Escalation Contacts, any relevant medical information, and reading our user guide or completing any other mandatory training on the use of the SoloProtect Application.
“Software” means the software offered as part of the SoloProtect Application.
“SoloProtect Application” means the personal safety application provided by SoloProtect pursuant to these Terms.
“SoloProtect Incapacitation Service” means the service for incapacitation alarm monitoring, consisting of the activation of orientational, situational and/or accelerometer-based capabilities within the SoloProtect Application (subject to availability), two-way audio, a separate and independent alarm handling process involving the assessment of wider environmental risks, an assessment of any medical information provided by you, and, ultimately, escalation to the emergency services.
“Subscription” means a subscription to use the SoloProtect Application and Services.
“Termination Date” means the date this contract terminates.
“Website” means safetyapp.soloprotect.com.
3 SOLOPROTECT APPLICATIONS AND PROVISION OF SERVICES
3.1Once you purchase a Subscription through the Website, you will receive a confirmation email asking you to complete the Sign-Up Requirements.
3.2Once you complete the Sign-Up Requirements, you will be provided with access to the Soloprotect Services within 24 hours and prompted to download the SoloProtect Application onto your device. This may be longer if you have subscribed to the service during a weekend or bank holiday.
3.3During your Subscription, you shall be entitled to use the SoloProtect Application within the United Kingdom
3.4We reserve the right to alter or modify the SoloProtect Application from time to time provided this does not materially affect the functionality or performance of the Services.
4 YOUR COOLING OFF RIGHTS
4.1You have “cooling-off” or “cancellation” rights as set out below. Cooling-off or cancellation is where you can change your mind and cancel this contract. These rights last for a limited period; once this is over, you can only terminate or make changes in accordance with the other terms of this agreement.
4.2You may cancel this contract within 14 days of the Commencement Date by writing to us at support@soloprotect.com.
4.3If you exercise your cooling-off rights, you will no longer have access to the SoloProtect Application or Services from the date we process your cancellation.
5 DURATION OF THE CONTRACT
5.1When you purchase a Subscription through the Website, you can either choose an annual Subscription or a monthly Subscription.
5.2Where you purchase an annual Subscription, this contract shall begin from the Commencement Date and continue for a twelve-month contract period. On the anniversary of the Commencement Date, this contract shall renew automatically for further twelve-month contract periods unless you or we terminate the contract in accordance with clause 6.
5.3Where you purchase a monthly Subscription, this contract shall begin from the Commencement Date and renew automatically on a monthly rolling basis for further one-month contract periods until you or we terminate the contract in accordance with clause 6.
6 TERMINATION
6.1We may terminate this contract at any time by notifying you through the SoloProtect Application or via the email address we hold on file for you.
6.2If we terminate this contract during a live Subscription period where you have paid Fees in advance, we shall refund you a proportion of the Fees paid on a pro rata basis calculated in accordance with how much time is remaining under your Subscription as at the Termination Date.
6.3Unless clause 6.5 applies, if you have purchased an annual Subscription:
6.3.1you cannot terminate this contract during the first twelve-month contract period, or during any subsequent twelve-month contract period once the Subscription has renewed, except during the window prior to the Subscription renewing set out in clause 6.3.2.
6.3.2if you do not wish to renew your Subscription at the end of the first (or any subsequent) twelve-month contract period, you must write to us to cancel your Subscription at support@soloprotect.com at least 28 calendar days before the Subscription is due to renew. We will then cancel your Subscription and terminate this contract with effect from the end of the then-current annual Subscription period.
6.4Unless clause 6.5 applies, if you have purchased a monthly Subscription, you may terminate this contract by writing to us to request this at support@soloprotect.com. Provided you write to us at least 28 calendar days before the Subscription is due to renew for the following month, we will process the cancellation and terminate this contract with effect from the end of the relevant month and we will not process any further Fees.
6.5You may terminate this contract immediately if there is a material breach of these Terms by us by writing to us to confirm your cancellation at support@soloprotect.com.
6.6Upon termination of this contract, you will no longer have access to the SoloProtect Application or Services.
7 SERVICE AVAILABILITY
7.1SoloProtect shall use reasonable endeavours to ensure that during your Subscription period, the Services are accessible by you on a 24 hours, 7 days per week basis, subject to routine and emergency maintenance, repairs, configurations or upgrades.
7.2SoloProtect shall have no liability to you if you cannot access the Services or you encounter errors in the functioning of the Services if these are due to your user error; the provision of incorrect information by you as part of the Sign-Up Requirements; power failures; malicious interference; any downtime or outages from any third-party including internet outages; lack of coverage of the mobile telecommunications network; or any other cause outside SoloProtect’s reasonable control.
7.3Police Dispatch. An Incident will only be reported to the police if, in the ARC operator’s sole discretion, you are being subjected to a physical assault, or where a physical assault is reasonably imminent, or for managing an ongoing risk that justifies police escalation. An Incident may not be reported if, in the ARC operator’s sole discretion, your location cannot be established with reasonable certainty. The decision to escalate to the police using either an appropriate police unique reference number (URN), 999 or 101 is entirely at the judgement and discretion of the ARC operator. SoloProtect cannot ensure that the police will respond to all escalated Incidents and accepts no liability for this decision.
7.4SoloProtect Incapacitation Service. In respect of the SoloProtect Incapacitation Service:
7.4.1It is agreed and understood by you that the ARC operators will take a wide range of factors into consideration when determining whether to escalate to the emergency services, including, where available, any audible sounds or responses heard through the SoloProtect Application, your Location Data, and any medical information provided by you as part of the Sign-Up Requirements.
7.4.2Where you or your Escalation Contacts are unable to be reached, SoloProtect may dispatch emergency services to complete a welfare check. Where it is subsequently found to be a false alarm or accidental activation, SoloProtect may provide guidance or instructions to you to prevent further false alarms. If there is a further instance, SoloProtect reserves the right to remove the welfare check for you, in order to retain SoloProtect’s direct-to-emergency services ability. SoloProtect shall inform you in writing if it decides to remove your welfare check for this reason.
7.5SoloProtect reserves the right to update Software from time to time.
7.6SoloProtect shall have no liability if you download other third-party applications, software or operating system updates on your mobile device after installation of the Software which subsequently affects the correct operation of the Software.
8 SERVICE SUPPORT AND MAINTENANCE
8.1Should you need to update any of the information provided to us as part of the Sign-Up Requirements, or should you have any queries regarding the operation of the Services, you should email us at support@soloprotect.com.
8.2SoloProtect will respond to queries received through the support email address as soon as reasonably practicable.
8.3SoloProtect shall be entitled to suspend access to the Services:
8.3.1if you fail to pay the Fees by their due date;
8.3.2on reasonable notice to you, for such period as may be reasonably required for maintenance, repairs or improvements to the SoloProtect Application or Services; or
8.3.3without prior notice to you, for exceptional operational reasons (for example, total failure of the mobile network infrastructure).
9 YOUR USE OF THE SERVICES
9.1You agree that you shall:
9.1.1only use the SoloProtect Application and Services for their intended purpose of raising a genuine alarm;
9.1.2inform your Escalation Contacts of your use of the Services and our processing of their personal data in accordance with our Privacy Policy;
9.1.3not use the Services for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication which is of an offensive, abusive, indecent, obscene or menacing nature;
9.1.4not cause any nuisance, annoyance or inconvenience to any third party by any use or misuse of the Services;
9.1.5not act in any way, whether knowingly or otherwise, which will impair the operation of all or part of the Services;
9.1.6not resell or otherwise distribute the SoloProtect Application, and/or Services to any third-party; and,
9.1.7not (nor knowingly, recklessly, or negligently permit a third party to) copy, adapt, reverse engineer, decompile, disassemble or modify any Software in whole or in part.
9.2You acknowledge and agree that:
9.2.1your use of the SoloProtect Application and Services will enable SoloProtect to obtain your approximate geographical location and certain other personal data, which will be used solely for the purpose of providing you with the Services and improvements to the Services; and
9.2.2the information you provide as part of the Sign-Up Requirements is accurate and complete, and you shall inform us of any change to this information as soon as reasonably practicable. SoloProtect will not be liable for any issue or incident arising as a result of this information being incorrect or out of date.
10 DATA PROTECTION
10.1Your privacy is important to us. Our Privacy Policy (Privacy Policy | SoloProtect UK), which we may update from time to time, explains how we’ll collect, use, store and transfer your personal information
11 INTELLECTUAL PROPERTY RIGHTS
11.1You acknowledge that the Intellectual Property Rights in the SoloProtect Application, Services, Software (and modifications thereof), guidance materials, handbooks, training materials, and any other materials bearing SoloProtect branding shall remain the property of SoloProtect and/or its licensors.
11.2Subject to the rest of the contract between us, we grant you a personal, non-transferable and revocable license to use the SoloProtect Application for the purposes of using our Services during your Subscription. Nothing in the contract between us, or on the Website or Solo Protect Application, or through the receipt of our Services should be regarded as granting any other license or right to our Intellectual Property.
12 FEES AND PAYMENT
12.1When you purchase a Subscription, you shall be charged the Fees advertised on the Website at the point of purchase.
12.2All Fees shall be charged in GBP and are inclusive of VAT.
12.3We shall take payment via the credit/debit card details you provide when you purchase your Subscription annually or monthly in advance.
12.4The first month’s Fees for a monthly Subscription shall be taken from your card on the date you complete your purchase on the Website and thereafter payments in respect of further months shall be taken from your card on the same date each month. The fees for an annual Subscription shall be taken from your card on the date you complete your purchase on the Website and thereafter on the same date each year upon renewal of your Subscription (unless terminated in accordance with this contract).
12.5If we are unable to charge your card and collect Fees on their due date, we shall notify you in writing. If we are still unable to collect Fees within 14 days of our written notice, we may suspend your access to the SoloProtect Application and Services and/or terminate your contract with us.
12.6SoloProtect reserves the right to make annual increases to the Fees as from the first anniversary of the Commencement Date or as from the anniversaries thereafter where the Subscription is renewed, such charges to be no greater than CPI. You will be informed of such fee increases at least 60 days prior to the annual renewal of your Subscription. If you do not want to continue your Subscription as a result of the fee increases, you may termination your Subscription and this contract by following the process set out in clause 6.3.2.
12.7No refund of Fees will be made except as set out in clause 6.2.
13 NO GUARANTEE OR INSURANCE
13.1The SoloProtect Application and Services provided under this contract are intended to assist you in mitigating risk to your person. You understand and acknowledge that the SoloProtect Application and Services alone will not prevent a loss or personal injury caused by holdup, unauthorised bodily threat or harm, criminal acts, accidental injury or other occurrence, and SoloProtect has not represented otherwise.
14 LIMITATION OF LIABILITY
14.1Subject to clause 14.3, we will only be liable to you for any loss that occurs directly as a result of negligence, wilful default, fraud or material breach of this agreement by us.
14.2SoloProtect shall not be liable for:
14.2.1any losses you may suffer as a result of the information provided as part of the Sign-Up Requirements being incorrect, incomplete or out of date;
14.2.2any losses you may suffer as a result of failing to adhere to the guidance provided by us in using the SoloProtect Application and Services or your misuse of the SoloProtect Application and Services;
14.2.3any losses you may suffer as a result of the failings, lack of contactability or delays by third parties, including (but not limited to) the emergency services or your Escalation Contacts; or
14.2.4any losses you may suffer as a result of events beyond our reasonable control.
14.3 Nothing in this contract excludes or limits liability for death or personal injury caused by our gross negligence or for fraudulent misrepresentation.
15 GENERAL
15.1Contacting you. We will contact you via the contact details we hold on file for you. If you need to update these contact details, you should notify us as soon as reasonably practicable by emailing support@soloprotect.com.
15.2Changes to these Terms. We may make changes to these Terms at any time. Where we do so, we will tell you what that change is, the reason for the change and the date that the change will come into effect. If you’re unhappy with a change we have made or are planning to make, you may terminate your contract with us with effect from the date of the change by writing to us at support@soloprotect.com prior to the change taking effect. If you do not terminate the contract, the change will be binding on you from the date we have told you it will take effect.
15.3Severability. If any court or relevant authority finds any part of the contract between us to be invalid or unenforceable, the remaining parts of the contract between us will remain in full force and effect.
15.4Third Party Rights. No person that is not a party to the contract shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in respect of the contract.
15.5Choice of Law and Jurisdiction. English law applies to the contract between us. Any dispute which arises in relation to the contract between us can be heard in any UK courts.