Terms of Use

IMPORTANT NOTICE

This app is intended to assist you in navigating safely. It is not a substitute for general principles of pedestrian safety. When walking, especially if alone or at night, you must make sure that you remain alert, and take all necessary steps to ensure your safety. Some of these steps include: avoiding dark or dangerous streets, making sure you can hear the environment around you if you are listening to music, not being distracted by your phone (refer to it and put it away), and trusting your instinct – if a route does not feel safe, consider altering your course or going to a public building and asking for help.

1. Contractual Relationship

These terms of use (the “Terms of Use”) are a legal agreement between you and Safe & the City Ltd, a company incorporated in England & Wales (company number 10602762) (hereafter referred to as “Safe & the City, we or us” as the context may require). These Terms of Use govern your use of the Safe & the City mobile application (the “Safe & the City App”) and any website operated by Safe & the City (the “Safe & the City Website(s)”) including, without limitation, www.safeandthecity.com.

These Terms of Use set out important information regarding your rights and obligations in connection with the Safe & the City App and Safe & the City Website(s). Please read them carefully. In particular, we draw your attention to the limitations of liability contained in Section 9 and to our Privacy Policy which is referred to in Section 2 below.

By downloading, installing or using the Safe & the City App or accessing the Safe & the City Website(s), you agree to these Terms of Use and our Privacy Policy which shall bind you. If you do not agree with these Terms of Use and our Privacy Policy (as defined below), please do not download, install or use the Safe & the City App or Safe & the City Website(s). Safe & the City permits you to use the Safe & the City App and Safe & the City Website(s) solely in accordance with these Terms of Use.

Safe & the City reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms of Use at any time, without notice. Your continued use of the Safe & the City App and Safe & the City Website(s) following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

2. Licences granted to you

Safe & the City grants to you a non-exclusive, non-transferable, revocable licence to do the following in accordance with these Terms of Use (the “Licences”):

  1. download, install and use the Safe & the City App, and any updates to it provided by Safe & the City from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and
  2. access and browse the Safe & the City Website(s) for the use as permitted by your company only.

Safe & the City may terminate the Licences granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licences shall automatically terminate. Where any of the Licences are terminated, you agree to immediately cease using and accessing the Safe & the City Website(s) and Safe & the City App and to delete any copies of the Safe & the City App held by you.

All intellectual property rights and other rights in or to the Safe & the City App and Safe & the City Website(s), and any content of either, made available by or on behalf of Safe & the City and its licensors, belong to and remain at all times with Safe & the City and its licensors. Save as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to the Safe & the City App or Safe & the City Website(s) or any contents of either. “Safe & the City” is the trading name of Safe & the City Ltd and we hold registered and unregistered trademark rights in respect of this name.

You may not, and you agree not to, or to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Safe & the City App or the Safe & the City Website(s), or any part thereof.

3. The processing of your personal data

By downloading, installing or using the Safe & the City App or Safe & the City Website(s) and/or by submitting personal data to Safe & the City, your data will be collected and processed in accordance with our privacy and cookies policy, a copy of which is available at the following link https://www.safeandthecity.com/privacy-policy/ (the “Privacy Policy”). Our Privacy Policy explains how we process the personal data we collect in connection with your use of the Safe & the City App and Safe & the City Website(s).

4. User age restrictions

The Safe & the City App and the Safe & the City Website(s) are not intended for use by anyone under the age of 13. If you are under the age of 13 you must not use the Safe & the City App or the Safe & the City Website(s). If you are between the ages of 13 and 13 you must review these Terms of Use carefully with you parent or guardian, and by downloading, installing or using the Safe & the City App or the Safe & the City Website(s) you represent that your parent or guardian consents to such use. If we discover that any non-permitted use is taking place we will immediately terminate any relevant user account facilitating such use.

5. Functionality of the Safe & the City App and Safe & the City Website(s)

The Safe & the City App provides route planning services to help you safely navigate, share, and evaluate a walking route to create a safer community. PLEASE NOTE - THE APP IS NOT A SUBSTITUTE FOR GENERAL PRINCIPLES OF PEDESTRIAN AND PERSONAL SAFETY. WHEN WALKING, ESPECIALLY IF ALONE OR AT NIGHT, YOU MUST REMAIN CAUTIOUS. ALWAYS WALK IN ACCORDANCE WITH THE ‘IMPORTANT NOTICE’ AT THE HEAD OF THESE TERMS AND NEVER FOLLOW THE ROUTE PROPOSED BY THE APP IF IT APPEARS DANGEROUS. You, not the app, are responsible for determining whether somewhere you are walking is safe. The App is designed to assist in that decision. Should something happen, the Safe & the City Website(s) allows you to report the location of an incident.

Functionality of the Safe & the City App or Safe & the City Website(s) may be dependent upon the mobile device or personal computer you own, use, or control (your "Device"), and any wired or wireless communication service, such as cellular or mobile networks, computer networks such as Wi-Fi, Global Positioning System (“GPS”), and any other communication service or technology (“Network”).

A. Safe route planning and evaluation of routes

The Safe & the City App uses third-party algorithms to provide any given route. We provide push notifications to support safer practices while using our App. Safe & the City provides no representation or warranties to the safety of a route, and use of the Safe & the City App does not guarantee your safety and is not a substitute for using your common sense. It remains your responsibility to take adequate measures to keep yourself safe on any journey.

The Safe & the City App allows users to report incidents including sexual harassment, crime and adequacy of street lights on a given route. We are not liable or responsible for the ratings or rankings of any journeys by users. You accept that these are the product of our users and we cannot know whether they are correct.

Safe & the City will not be liable for any event, loss, damage, theft, injury or suffering suffered by any user as a result of that user taking a journey based on a route that the Safe & the City App has provided.

B. Emergency Services

The Safe & the City App provides a button to link you to the relevant kind of service that to connect you to emergency services personnel or public safety answering points, such as 9-9-9 or 1-1-2 (“Emergency Services”).

PLEASE NOTE, THE SAFE & THE CITY APP IS NOT A SUBSTITUTE FOR CONTACTING EMERGENCY SERVICES. THE “SOS” FEATURE (OR SIMILAR USER INTERFACE ELEMENTS) FUNCTIONS SIMPLY TO FACILITATE CONTACT WITH EMERGENCY SERVICES, WHICH ARE UNAFFILIATED WITH SAFE & THE CITY. SAFE & THE CITY MAY TAKE REASONABLE PRECAUTIONS TO ENSURE THAT THE ACTIVATION OF THE FEATURE WAS INTENTIONAL. WHILE THE SAFE & THE CITY APP MAY BE AWARE OF YOUR LOCATION DURING USE, THIS INFORMATION MAY NOT NECESSARILY BE PASSED ON TO EMERGENCY SERVICES. SAFE & THE CITY IS NOT RESPONSIBLE FOR ANY OTHER FIRST-PARTY OR THIRD-PARTY EMERGENCY SERVICE. SAFE & THE CITY MERELY PROVIDES THE “CALL 999 or 112” FEATURE, AND IS NOT RESPONSIBLE FOR EMERGENCY SERVICES.

C. Inadequate Network Connectivity.

The “Call 999 or 112” feature will not activate until you have properly initiated it through the designated user interface element in the Safe & the City App. Emergency Services may not be rendered if Safe & the City cannot communicate with your Device. Safe & the City is not liable in any way for reduced or limited functionality due to inadequate Network connectivity or if the “Call 999 or 112” user interface element does not function for any reason. The Safe & the City App requires your permission to track your location and send you notifications. Without granting this permission, the Safe & the City App will not function properly and Safe & the City will not be responsible or liable for this.

D. Right to Modify Emergency Services.

Safe & the City reserves the right to modify, terminate, or suspend the “Call 999 or 112” feature at any time, including to the extent permitted, requested or required to do so by any applicable governmental authority, standards setting entity, or insurance interest. Your obligations under these Terms of Use shall continue in the event of any (i) such modification, termination or suspension; or (ii) any non-emergency policy of any relevant authority.

E. Device(s) and Network(s)

Safe & the City does not guarantee that the Safe & the City App or the contacting Emergency Services functionality can be accessed through, or will be compatible with, all Devices or Networks. You understand and agree that Network connectivity may be interrupted, circumvented or otherwise compromised. Such

Network connectivity is beyond Safe & the City’s control, and Safe & the City may not be able to assist in resolution of problems with respect to the Safe & the City App relating to such Network connectivity. You understand that your use of the Safe & the City App functionality may be limited by your Network provider or by the capabilities or capacities of your Device. If your Device or Network are incompatible, inoperative, interrupted or circumvented, or in ‘Airplane Mode’ or similar modes without Network connectivity, no data will be received by Safe & the City and the Safe & the City App and contacting Emergency Services

functionality may not be available.

6. Acceptable use

In order to use the Safe & the City App or the Safe & the City Website(s), you may have to create an account in which we will request various details to provide you with such an account and to verify your identity.

You agree that you shall not use Safe & the City App or Safe & The Website(s):

  1. for commercial purposes and acknowledge that it is available solely for personal use;
  2. for any illegal, unlawful, or improper purpose, or in any manner inconsistent with these Terms of Use;
  3. to harass, bully, falsely accuse, or defame anyone, or to simulate, portray or report untrue or fictitious scenarios;
  4. to operate more than one Safe & the City account;
  5. to lie about your age or sex, give a false name, pretend to be someone you are not, or attempt to impersonate or misappropriate another's name or identity; or
  6. in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

You are solely responsible (a) for all content stored on or retrieved from your device or the Safe & the City App and (b) to keep information in the Safe & the City App, including any contact information, current, accurate, complete, and secure. Safe & the City may not be held liable for your failure to do so.

You assume the risk of any unauthorised person gaining access to your account through your Device. You agree to keep confidential all passwords, account information and access codes that permit access to and enable use of the Safe & the City App and Safe & the City Website(s). Safe & the City encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Safe & the City immediately of any breach of security or unauthorised use of your account. Safe & the City will not be liable for any losses caused by any unauthorised use of your account.

7. Updates

From time to time at our sole discretion, we may develop and provide updates to the Safe & the City App including upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Update(s)”). Updates may also modify or delete in their entirety certain features and functionality. Based on your Device settings, when your Device is connected to the Internet either (i) the Safe & the City App will automatically download and install all available Updates or (ii) you may receive notice of or be prompted to download and install available Updates.

Depending upon the nature of the Update, you may not be able to continue to use the Safe & the City App until you have downloaded the latest version of the Safe & the City App.

8. Disclaimer of Warranties

THE SAFE & THE CITY APP IS PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITHOUT ANY REPRESENTATION, WARRANTY OR UNDERTAKING OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, PERFORMANCE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE SAFE & THE CITY APP OR THE SAFE & THE CITY WEBSITE(S). NEITHER SAFE & THE CITY NOR ITS AFFILIATES, MAKE ANY WARRANTY THAT THE SAFE & THE CITY APP OR SAFE & THE CITY WEBSITE(S) WILL KEEP YOU SAFE OR BE ERROR FREE OR THAT ACCESS WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH THE SAFE & THE CITY APP AT YOUR OWN DISCRETION AND RISK.

9. Indemnification and Limitation of Liability

A. Indemnification. You shall indemnify, defend, and hold harmless Safe & the City, its employees, officers, directors, and its affiliates against any damages, including reasonable attorney’s fees, or claims arising out of: (a) your use of the Safe & the City App or Safe & the City Website(s), (b) your violation of these Terms of Use, or (c) your violation of any applicable laws or regulations. Safe & the City reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with us in such claims.

B. Limitation of Liability. You acknowledge that the Safe & the City App and Safe & the City Website(s) are

intended to improve your ability to keep yourself safe and not to keep you safe, and that they have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Safe & the City App and Safe & the City Website(s) meet your requirements before use. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the Safe & the City App, Safe & the City Website(s) and/or these Terms of Use, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the Safe & the City App or Safe & the City Website(s) or any inaccurate or incomplete content on either.

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence up to the maximum aggregate limit specified in the following paragraph.

Our maximum aggregate liability under or in connection with these Terms of Use (including, without limitation, in relation to your use of the Safe & the City App and Safe & the City Website(s)) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to one hundred pounds sterling (GBP £100), provided that nothing in these Terms of Use shall limit or exclude our

liability for: (i) death or personal injury resulting from our negligence;(ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by English law.

C. Third Party Materials. The Safe & the City App may display, include, or make available third-party content (including data, information, applications, and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising ( the “Third Party Materials”). You acknowledge and agree that Safe & the City is not in any way responsible or liable for any Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Third Party Materials and links to them

are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

The fact that we may link to or display Third Party Materials does not imply that we endorse the site or the products or services on such Third Party Materials or that we have reviewed, approved, or verified the Third Party Materials.

10. Term and Termination

These Terms of Use come into effect when you download, install or use the Safe & the City App or Safe & the City Website(s) and will continue in effect until terminated by you or Safe & the City as set forth in this section. Safe & the City may terminate this agreement at any time without notice if it ceases to support

the Safe & the City App, which Safe & the City may do in its sole discretion. Upon termination, all rights granted to you under these Terms of Use will also terminate, and you must cease all use of the Safe & the City App and delete all copies of the Safe & the City App from your Device and account. termination will not limit any of Safe & the City’s rights or remedies at law or in equity.

11. Contacting us

In relation to any matters concerning the Safe & the City App and Safe & the City Website(s), including any feedback, questions, complaints or claims, please contact us by email to hello@safeandthecity.com.

Information about the European Commission’s Online Dispute Resolution platform is available at http://ec.europa.eu/odr.

Safe & the City welcomes any feedback you may have on the Safe & the City App or Safe & the City Website(s).

12. Apple’s requirements

As users of the App Store operated by Apple Inc., we are required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms of Use.

13. General

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control.

Safe & the City may amend or modify these Terms of Use at any time by delivering a modification notice (a “Notice”) to you via e-mail at the e-mail address you provide, or making such notice available on the Safe & the City App or Safe & the City Website(s). Any Notice shall, once transmitted, amend these Terms of Use. If you (i) object to any amended terms; (ii) you do not agree to these Terms of Use or (iii) become dissatisfied with the Safe & the City App in any way, your sole recourse is to immediately discontinue use. You may not amend or modify these Terms of Use.

You may not assign or sublicense these Terms of Use. Safe & the City may assign all or any portion of this agreement.

Your questions, complaints, and claims should be addressed to Safe & the City at hello@safeandthecity.com.

Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. These Terms of Use will be governed by and construed in accordance with the laws of England & Wales. You and we both agree that the courts of England and Wales will have non- exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use.

Attachment 1

App Store Terms

  1. The Terms of Use are concluded between you and Safe & the City Ltd, and not with Apple Inc. (“Apple”). The Safe & the City App and its contents are the responsibility of us, our licensors and users of the Safe & the City App (to the extent that such users create, submit or distribute any content via the Safe & the City App) and not Apple.
  2. The licence to use the Safe & the City App granted under these Terms of Use is a non-transferable license for you to use the Safe & the City App on an Apple-branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that the Safe & the City App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.
  3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Safe & the City App. We do not offer maintenance or support services in connection with the Safe & the City App.
  4. Apple will have no warranty obligation whatsoever with respect to the Safe & the City App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Safe & the City App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.
  5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Safe & the City App or your possession and/or use of the Safe & the City App, including, but not limited to: (i) product liability claims; (ii) any claim that the Safe & the City App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. In the event of any third party claim that the Safe & the City App or your possession or use of the Safe & the City App infringes that third party’s intellectual property rights, Safe & the City Ltd and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. You must comply with any third party terms that are applicable to the use of the Safe & the City App from time to time.
  9. Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.