Introduction

These Terms of Service (“Terms”) create a legal agreement between you (“you” or “your”) and Greeneye Consortium (Pty) Ltd (herein referred to as “EYERUS”, “we”, “our” or “us”), who are committed to providing service of the highest standard to all who access the Services that are delivered, in the main, by means of the EYERUS app.

The Services may be provided in circumstances which may be dangerous and potentially life threatening. The Services are intended to assist you in limiting or reducing your risk of harm, through violent crime or other such threat, but cannot, on their own, be taken as a preventative measure. The Services are intended to support you to the extent reasonably possible when you are in or at risk of being in an emergency situation.

Further to the above, we accept no responsibility or liability for any malady, incident harm and/or loss that may occur or be suffered by you while using the Services.

By using and accessing the Services, you agree to be bound by these Terms and to access and use the Services in accordance with these terms, the EYERUS Privacy Policy and any additional terms and conditions that may apply to specific Services or Content, as may be indicated in relation to such specific Services or Content. Your access and use of the EYERUS app and the Services constitutes your agreement to be bound by these Terms.

You are responsible for your use of the Services, which you must access and use only in compliance with these Terms and all applicable South African and international laws, rules and regulations. You may use the Services only if you are legally entitled to conclude a binding contract with EYERUS and in this regard your agreement to these Terms constitutes confirmation that you are at least 18 years old. If you are younger than 18 years old, you are not legally entitled to conclude a binding contract with EYERUS and you will need the assistance of your parent or legal guardian, who must review and agree to these Terms on your behalf to enable you to access and use the Services.

No medical advice

Nothing in the Services purports to provide any medical advice, diagnosis or treatment. You are advised to seek the advice of a doctor or qualified healthcare provider in respect of your personal health and medical conditions. Immediately contact your nearest doctor or qualified healthcare provider should you suspect that you have a medical condition or problem.

EYERUS app

EYERUS is essentially a personal observer system implemented in a mobile app (the “EYERUS app”) by means of which a person (a “Participating User”) who wishes to be tracked or observed may invite one or more trusted observers (“Responder/s”) to track the movements of the Participating User for purposes of ensuring the safety of the Participating User. The EYERUS app includes an observer module for Respondents, a companion module, for companions of a Participating User and a service provider module by means of which safety, security and medical service providers (“Service Provider/s”) may participate in ensuring the safety and security of Participating Users.

Services

The Services (the “Services”) comprise, singly or in combination:

in-person services including:

functionality to alert Responders and Service Providers of an actual or impending emergency situation;

the capability to implement real time monitoring services by Responders of your choice;

the capability to summon emergency response Service Providers;

computer programs and computer software, including software-as-a-service programs and the computer programs incorporated in our websites and the messaging services and social media platforms used to deliver, describe and illustrate the Services (collectively the “Software”); and

information, text, graphics, photos, audiovisual material, data and any other materials and content (collectively “Content”) uploaded, downloaded or appearing on or in the EYERUS app, the Services, our websites, mobile apps and the messaging services and social media platforms used to deliver, describe and illustrate the Services.

Licence grant

EYERUS hereby grants you a personal, territorially unrestricted, non-exclusive, non-transferrable licence to use the Services, the Software and the Content for the duration of this Agreement, which licence you accept by using and accessing the Services.

Terms of use

It is a condition of your access to and use of the Services that you shall not, without the prior written consent of EYERUS, either directly or indirectly, through or in conjunction with a third party:

copy the Services except as may be necessary to access and use the Services on your computer/s or mobile device/s, in the normal course and as intended by EYERUS;

dispose of any disposable item forming part of the Services to any third party in any way including letting, renting or transferring the Software, the Content or any part thereof to any third party;

sub-licence, assign, cede or delegate any right in or to the Services or any right granted in this Agreement;

delete or remove any proprietary notice, label or mark from any marked item forming part of the Services;

reverse engineer the Software, in whole or in part;

derive or attempt to derive any normally concealed source code forming part of the Software;

adapt, modify or create any derivative work based on any item or Service forming part of the Services, including the Software or any Content, in whole or in part;

make the Services available to any third party, including incorporating or retaining the Services in computer equipment disposed of by you;

use the Services if you are under the age of 18 years, unless you have the express permission of your parent or legal guardian;

use the Services, in whole or in part, for any reason other than the purpose intended;

use the Services for any reason other than personal and private use; and/or

interfere with or impair any other person’s use or enjoyment of the Services in any manner.

Access

The Services are accessed and used by entry of the Services account login credentials, including your username and password. It is a condition of your access to and use of the Services that you shall take all steps necessary to protect the Services account login credentials and keep them secret and that you shall not:

disclose your login details to anyone else or allow anyone else to use your login credentials or account;

if you fail to keep your login credentials secret, or if you share your login credentials or Services account with someone else (whether intentionally or unintentionally), you accept full responsibility for any and all consequences arising, including any unauthorised purchases, and you agree to compensate EYERUS fully for any losses or harm that may result. We will not be responsible to you for any loss you might suffer as a result of an unauthorised person accessing your account and using the Services and we accept no responsibility for any losses or harm resulting from unauthorised use, whether fraudulently or otherwise.

With the exception of Services specifically marked as single device Services, you will be entitled to install, use and access the Services non-concurrently on multiple devices — the Services typically do not allow multiple concurrent access.

We reserve the right to create limits on use and storage of Services and Content at our sole discretion and at any time, without prior notice to you.

Service Providers

As part of the Services, EYERUS has contracted third-party Service Providers to provide their services to you, on an ad hoc basis.

EYERUS will use its best efforts to ensure that all Service Providers are Security Industry Authority (SIA) compliant and uphold the highest standards of care in the exercise of their functions, you hereby acknowledge that EYERUS itself does not provide any response services and relies upon its Service Provider network who are not employees or agents of EYERUS and operate as independent contractors to accept ad hoc emergency triggers through the Services from time to time. We accept no liability of whatsoever nature or howsoever arising from any act or omission of a Service Provider or anyone associated therewith and agree only to facilitate access to such Service Provider, nothing more or less.

By accepting the services of a Service Provider, you hereby absolve EYERUS from any and all liability pertaining to the services provided by the Service Provider and you hereby agree that your acceptance and the provision of services by a Service Provider will be governed entirely by the terms and conditions of the Service Provider’s terms and conditions of service.

Furthermore, we cannot and do not guarantee Service Provider response times, access to Service Providers and/or the availability of Service Providers at any given time and do not accept any liability or responsibility of whatsoever nature and howsoever arising for a Service Provider being unavailable to respond and/or failing to respond to a request for a Response by way of the Services.

Privacy

Your use of the Services and any information you provide to us in the course of accessing and using the Services is and shall be subject to our Privacy Policy, which governs our collection, access to and use of such information.

Your access to and use of the Services constitutes your agreement that you consent to the collection of your Personal Information, as set out in the Privacy Policy. This includes the transfer, storage, processing and use of such information by us in accordance with our Privacy Policy.

The Software is programmed to communicate automatically with our servers for the purposes of:

personal alerts

the Services include the capability of Participating Users raising an alert or an alarm using the EYERUS app and communicating such an alert to third parties, such as Responders;

third party alerts

the Services include the capability of third parties, such as Responders, raising an alert or an alarm using the EYERUS app and communicating such an alert to further third parties, such as Service Providers; and

consent

your access to and use of the Services constitutes your consent to such communication.

The Software is programmed to communicate automatically with our servers for the purposes of:

automatic Software updates

the Software is programmed to send and receive information relating to the Services to and from EYERUS’ computers for purposes of updating the Software, typically automatically and without notification to you;

error reporting and correction

in the event that your access to and use of the Services reveals any software error, the Software is programmed to send information to and from EYERUS’ computers for purposes of reporting and analysing the error and, if appropriate, correcting the error automatically, typically automatically and without notification to you;

anonymised usage data

the Software collects data about your access to and usage of the Services to assist in improving the Software.  The data is anonymised for statistical purposes in that the Software removes identifying particulars from the data that might establish your identity; and

consent

your access to and use of the Services constitutes your consent to such communication.

These features may not be disabled. Your access and use of the Services constitutes your consent to such communication and updating and your agreement, specifically, that the Software may be used, automatically and without notice to you, to communicate with the computer/s or mobile device/s you use to access the Services, install Software updates, identify, analyse and correct errors in the Software and collect anonymized usage data in and from the computer/s or mobile device/s, without your further notice or additional consent being required.

Fair Usage

You undertake that you will not make use of the EYERUS app or the Services in any way:

that is unlawful, or intended to provide an incitement to commit a criminal act;

that is harmful to or interferes with use of the Services or the EYERUS app;

that interferes with the use or enjoyment of the Services by other Participating Users, Responders or Service Providers;

that infringes intellectual property rights;

that results in the publication of threatening or offensive material, which is harmful, obscene, discriminatory, defamatory or constitutes hate speech; or

that constitutes a security risk or a violation of privacy.

You undertake that you will not use the EYERUS app or the Services to send or transmit messages, files, images, videos or other transmissions that are inappropriate in the context of the purpose and intention of the EYERUS app and the Services or that creates the potential for disruption of the Services by virtue of quantity, size or otherwise.

You undertake that you will not, without the prior written agreement of EYERUS:

undertake any form of data extraction from the EYERUS app, the Software or the Services, whether by data scraping or otherwise;

use or reuse data extracted from the EYERUS app, the Software or the Services for any reason or purpose whatsoever, including use in another service, website or app, other than the usage intended by the EYERUS app and/or the Services;

attempt to circumvent any controls or limitations imposed by EYERUS to restrict the ability to access the EYERUS app, the Services, or data incorporated in the EYERUS app or the Services, including controls or limitations imposed by EYERUS search engine management protocols, such as crawler and robot exclusion protocols;

use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the EYERUS app or the Services or otherwise interfering with the proper function of the EYERUS app;

frame, mirror, or otherwise incorporate any part of the Services into any other app, website or service; or

use the EYERUS app or the Services for commercial purposes including but not limited to, using the Services to provide security and/or safety services to non-Participating Users, whether for free or for gain.

By using the EYERUS app and the Services, you hereby agree to this Fair Use Policy. EYERUS reserves the right, in the event of any failure to comply with the provisions of this Fair Use Policy, to terminate or suspend a Participating User’s use of the EYERUS app and, should EYERUS terminate or suspend your use of the EYERUS app or any one or more of the Services, you hereby indemnify EYERUS against any harm, injury, death, loss or damage of whatsoever nature and howsoever arising should EYERUS suspend, terminate or refuse a Service activated or requested by you as a result of your failure to comply with this Fair Use Policy.

EYERUS — development

EYERUS and the Services are constantly innovating and evolving. We reserve the right to modify or discontinue any Service or part of a Service temporarily or permanently, on notice to you or otherwise.

Intellectual property rights

Your access to and use of the Services constitutes your acknowledgement and consent that the intellectual property and any and all rights in and to the intellectual property used or embodied in the Services, including without limitation, copyright, trade mark rights and rights of confidentiality, are and will remain vested in EYERUS absolutely and as the exclusive proprietor of such intellectual property and intellectual property rights.

The Services and the trade marks and markings (collectively “Trade Marks”) used on and in relation to the Services as well as the proprietary terms and commands used in and in conjunction with the Software are proprietary to EYERUS and forms part of the EYERUS intellectual property and intellectual property rights.  Your access to and use of the Services constitutes your agreement and undertaking not to infringe the EYERUS intellectual property rights nor to assist any third party in doing so.

Disclaimer of warranty

The Software is provided “as is” and without warranty of any kind, express or implied. We specifically disclaim warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights.

We do not warrant that the Services will meet your requirements or that the Services will be uninterrupted, timely, secure or error-free.

Limitation of Liability

EYERUS shall in no event be liable and you undertake not to hold nor purport to hold EYERUS liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the Services, even if we have been advised of the possibility of such damages.

You agree that EYERUS shall not be liable to you or to any third party for any modification or discontinuance of any Service or for any losses or damages that may result to you or any third party from such discontinuation or interruption.

Updating of these Terms of Service

We reserve the right to amend (by addition, alteration or deletion) all or part of these Terms from time to time.  An amendment to these Terms will become effective upon such amendment being posted on our website and a reference herein to “this Agreement” shall automatically be deemed to be a reference to the Terms as amended.

By accessing and using the Services, you are bound to the version of the Terms current at the time of access and use and in the event of these Terms being updated or amended, your continued use of the Services will be deemed conclusively, to constitute notice of your acceptance to abide by and be bound by the amended Terms.

Territory of use

The Services are not intended for access from or use in any particular country or territory. However, EYERUS makes no representation that the Services, including the Software and/or the Content are applicable to, appropriate for, or available to users in all locations. Access to and use of the Services from or in any territory or country where any of the Services is illegal is prohibited. If, in a situation such as this, you choose to access and use the Services, you do so on your own risk and initiative and you shall be responsible, entirely, for compliance with the laws and regulations local to the territory or country in issue.

If the Services are stipulated by the specific app through which you access the Services, to be accessible only within a specified geographic area, we shall only provide responses in that applicable area and shall not be obliged to provide responses in any other geographical area.

Payment for the Services

Your access to and use of the Services constitutes your agreement to pay any fees due for and incurred by your use of any Services that require payment or a subscription (“Paid Services”). You agree to pay all fees and other charges incurred in connection with your use of the Paid Services. If you want to discontinue a Paid Service, you must cancel that Paid Service in accordance with the cancellation procedures applicable to that Paid Service. The cancellation of a Paid Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Services through the remainder of such billing cycle. No refunds or credits will be provided upon cancellation.

Termination

We may suspend or terminate your right to use the Services at any time in the event that you breach these Terms, in our sole discretion and without prior notice to you.

General

This Agreement constitutes the entire and sole agreement between you and us relating to the Services and supersedes and replaces all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of the subject matter hereof.

This Agreement will be governed by and be interpreted in accordance with the law of the Republic South Africa and the Courts of the Republic of South Africa with competent jurisdiction will have jurisdiction over all matters arising out of this Agreement, its interpretation, its validity and the settlement of disputes arising out of this Agreement.