Terms and Conditions
Please read these Terms and Conditions carefully which apply to your use of the One Scream App and set out your responsibilities and obligations.
These terms and conditions provide information about One Scream Limited, the One Scream mobile phone application service (the "App") and set out the terms on which we agree to provide the App service ("Terms and Conditions").
When we refer to "we", "us" or "our" or "One Scream", we mean One Scream Limited, a company incorporated at 16 Charles II Street, London SW1Y 4NW, (company number 09629220).
When we refer to "you", "your" or the "User" we mean the individual subscribing to the App. Together "us" and "you" may be referred to as the "parties", or individually the "party".
Purpose of the App
The App is a hands-free, voice activated mobile phone application that automatically makes contact with your chosen contact(s) when triggered by your panic scream, provided that you do not confirm your safety within 12 seconds of creating the alert. If a panic scream triggers an alert, the App will: (1) send an automated text message to your chosen contact(s) containing details of your name and location, and (2) attempt to connect your mobile phone to that chosen contact on an open phone line.
For these purposes, you will be asked by the App to select at least one contact and to provide their mobile phone number(s). You can choose to provide mobile phone numbers of up to 3 contacts. The order in which you input these contacts’ numbers on the App will determine the order that those individuals are contacted if you trigger an alert. For example, if you provide details of 3 contacts, A, B and C, the App will: (1) send an automated text message, and (2) attempt to make a phone call to contact A in the first instance. If contact A does not answer the call, the App will repeat steps (1) and (2) in respect of contact B, and then contact C.
Please note, before you provide us with your chosen contact(s)’ details you must obtain consent from them: (1) to provide us with their name and mobile phone number, and (2) for them to be your chosen contact.
Important App information
The App is not designed to serve as an alternative to the emergency services. If you have an emergency, or important time-sensitive crime information, medical information or other important information you must communicate this information by the emergency service telephone line in the usual manner.
You should be aware when using the App that there are several variables that can interfere with the App functioning, such as network coverage or failure which may affect the functioning of the App. Also, the App makes use of an algorithm and although we have subjected the algorithm to extensive testing, we cannot warrant that it will work perfectly in all circumstances, especially those where there are other background screaming noises such as at a concert or theme park. You should be aware that, without limitation, the App will not function when your mobile phone is switched off, may not function correctly when your voice is muffled or affected by alcohol or under the influence of drugs or where you are otherwise intoxicated, and will not function when you are making a call from your mobile phone or when other apps are using the microphone. Please make sure you have other arrangements in place, such as sharing your route and making others aware of where you are at any given time.
One Scream does not, expressly or impliedly, warrant or represent in any manner whatsoever that use of the App will deter the occurrence of an unlawful act, nor does One Scream make any warranty or representation that the User’s chosen contacts will respond to any contact made through the App.
How a contract is formed between us
To subscribe to the App, you must use a mobile telephone with internet connection to download and install the App. The App is available for download on iOS from the Apple App Store. Follow the set-up instructions inside the App, or go to Onescream.com for more information.
When you make a request to download and access the App you will be asked to confirm that you accept these Terms and Conditions. By clicking to accept you confirm that you:
(i) are either over 18 years of age and have read and understood to these Terms and Conditions, or are aged 14 - 18 and have reviewed the Terms and Conditions alongside a parent or legal guardian who has read and understood these Terms and Conditions; and
(ii) (ii) agree to be bound by these Terms and Conditions.
If you do not accept these Terms and Conditions in full, you must not use the App.
If you would like to contact us, please email firstname.lastname@example.org and we will be happy to assist you.
App download information
The App is predominantly intended for females aged between 14 and 60. Male voices or voices of females outside of this age range may not be recognised by the App’s algorithm. Access or use of the App by anyone under 14 is expressly prohibited.
The App is only available for use within the United Kingdom. You agree not to use nor attempt to use the App outside of the United Kingdom. You should be aware that One Scream accepts no liability whatsoever for any attempt to use the App outside of the United Kingdom.
You agree to provide accurate, current and complete information during the registration process and to update such information as required. One Scream reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. The personal account information you provide to us can be critical in the event of an emergency and we rely on you to ensure that it is kept accurate and up-to-date.
When you register with One Scream, we will collect the following information from you:
· Your name;
· Your mobile phone number; and
· Your email address.
You may also choose to provide certain additional information. This includes, for example:
The App uses various technologies to determine your location, including your IP address, your GPS and other sensors. Please note that location tracking is not always entirely accurate and/or precise and may be affected by a number of factors such as density of buildings in the surrounding area and whether your mobile phone is static or moving, for example.
You are responsible for safeguarding your password to access your account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorised such activities or actions. You will immediately notify One Scream of any unauthorised use of your account. One Scream is not liable for any loss or damage arising from failure to keep account details or passwords confidential.
Without limitation, you acknowledge that the App will not function properly without:
a) sufficient mobile phone, communications and/or network services;
b) sufficient battery power for a communications device; and
c) an active mobile signal.
You understand and accept that you are responsible for ensuring that you:
a) obtain the consent of your chosen contact(s) before you provide us with their details: (1) to provide us with their mobile phone number, and (2) for them to be your chosen contact (see section headed “Purpose of the App” above);
b) use the App with a compatible, functioning device that has sufficient communications signal and service, and install any device software updates as required;
c) pay any necessary telephone, mobile network, electricity and other such bills to ensure that the App is not affected; and
d) install any upgrades and releases to the App, as provided by One Scream from time to time.
You agree that the App, once downloaded, is in your exclusive possession and it is your sole responsibility to test the operation of the App and confirm it is operational.
You agree to comply with all applicable laws and regulations in relation to your use of the App, together with the terms and conditions imposed by your handset provider. The App and the underlying database may only be used in the manner intended by One Scream and as set out in these Terms and Conditions.
You agree to use the App only for lawful purposes, for your personal and non-commercial use, in accordance with these Terms and Conditions, whilst ensuring that your use does not infringe on the rights of, or restrict, or inhibit the use and enjoyment of the App by others.
The App may contain data sync service, application download services, positioning services through GPS or triangulation technology, and/or other message or communication facilities designed to enable you to use the App (collectively, “Communication Services”). You agree to use the Communication Services only for the intended purpose and under no circumstances will you misuse the App.
You agree that as a condition of your use of the App, you will not:
a) sublicense or sell the App or any part of the App software to any party;
b) damage, disable, overburden, or impair services or interfere with any other party’s use of the App;
c) take measures that could negatively impact or damage the process or functionality of the App;
d) circumvent or render ineffectual any functions of the App or in any other way interfere with the App;
e) modify, block, overwrite, adapt or hack the App or modify another software and/or application so as to falsely imply that it is associated with the App;
f) contaminate the App with any viruses, worms or other malicious software;
g) register a telephone number for use in a One Scream account which is not your own mobile phone number;
h) except as permitted by applicable law, reverse engineer, disassemble, decompile, convert into human-readable format, or otherwise attempt to derive the source code of any software included in or related to the App;
i) copy any ideas, features, functions or graphics of or related to the App;
j) engage in spamming or harassing communications;
k) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App; and
l) gain unauthorised access to the network.
One Scream reserves the right to investigate and prosecute any violation of these Terms and Conditions to the fullest extent permitted by law. One Scream may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms and Conditions. If you discover that you have falsely triggered an alert from the App, you should select the cancel button of the App or notification message immediately to prevent an unnecessary call to your chosen contact(s).
If there is a reasonable suspicion of any violations of the Terms and Conditions, against the law, or against the rights of third parties, One Scream reserves the right to, at any time without notice:
a) issue a formal warning to the User;
b) temporarily limit or block the User's access to the App and the Communication Services; and
c) permanently block and delete the User's access to the App and the Communication Services.
You acknowledge that One Scream has no obligation to monitor your access to or use of the App, but has the right to do so for the purposes of operating the App, to ensure your compliance with these Terms and Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
One Scream shall remain responsible for any maintenance and support of the App during the provision of the App to you. The App may be temporarily suspended without notice in the event of system failure, maintenance, repair or for reasons reasonably beyond One Scream's control. One Scream will not be liable to you or to any other person in the event that all or any part of the App is discontinued, modified or changed in any way. One Scream does not warrant that the App will always be available, be uninterrupted, error-free, or free of viruses or other harmful components.
Depending on your mobile phone and/or mobile device tariff and your provider, you may incur data charges from your provider for downloading and/or using the alert feature of the App. You hereby acknowledge and agree that One Scream will not be responsible for such charges and that they shall be for your account alone.
The past, present and future content of the App, including, without limitation, software graphics, text, images, audio, designs, databases and the trademarks, logos, trade names, service marks and trade identities, any and all copyright material (including source and object code) and all other materials related to the App, including without limitation, the 'look and feel' of the App (collectively, "Content") are protected by applicable copyrights, trademark rights, database rights and other proprietary (including, but not limited to, intellectual property) rights and are the property of One Scream or its licensors. Delivery of the App shall not transfer to you any right other than to use the App for the stated period for your own personal use. Except as set out in these Terms and Conditions no rights (in any form) in or to the Content are granted to you.
You agree to defend, indemnify, and hold One Scream, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App, infringement of any third party rights, including intellectual property rights, your supplying inaccurate, out of date, errors or omissions, or otherwise incorrect information, your acts or omissions, or your violation of these Terms and Conditions.
While One Scream makes all reasonable efforts to provide the App, One Scream will not be liable for any failure to provide those services, in part or in full, for example, due to background noise, phone network failures or, in the case of mobile networks, where you are not in an area of mobile coverage.
The App is provided “as is” and on an “as available” basis with no representation, warranty, guarantee or agreement of any kind as to its functionality or the contents. One Scream cannot guarantee that you can access the App with every mobile device or that no damage will occur to your mobile device while installing and/or using the App. One Scream is not responsible for any loss you may incur as a result of this. You should be aware that One Scream may not function in conjunction with other applications running on your mobile device.
One Scream disclaims all warranties and conditions with respect to the App, including all implied warranties or conditions of merchantability, fitness of purpose, title or non-infringement. One Scream neither represents nor warrants that the App will prevent any loss, damage or injury to person or property, will function at a desired time, or provide any personal protection in any circumstance.
You acknowledge that your use of the App is at your sole risk, that the App is not designed or guaranteed to prevent any loss or injury and that you are solely responsible for taking appropriate safety precautions.
Limitation of Liability
Nothing in these Terms and Conditions shall be deemed to limit the liability of you or One Scream for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by sections 12, 13, 14 and 15 of the Sale of Goods Act 1979; (d) liability for defective products under the Consumer Protection Act 1987; or (e) any other liability that cannot be excluded or limited by applicable law.
You acknowledge and agree that, subject to the preceding paragraph above and to the maximum extent permitted by law, the entire risk arising out of your access to and use of the App remains with you. Neither One Scream nor any other person or entity involved in creating, producing, or delivering the App will be liable for any incidental, special, exemplary or consequential damages, including any lost profits, sales, business or revenue, loss of business opportunity, loss of anticipated savings, loss or corruption of data, information or software, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services arising out of or in connection with these Terms and Conditions or from the use of or inability to use the App, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not One Scream has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
One Scream may terminate provision of the App to you and terminate access to your account if you no longer accept these Terms and Conditions, refuse to accept any changes to these Terms and Conditions or if we believe that you have not complied with these Terms and Conditions. You understand and agree that One Scream will determine your compliance with these Terms and Conditions in its sole discretion.
One Scream retains the right at its sole discretion to change, edit, suspend, delete or cancel its provision of the App or any part of the App including the Communication Services and/or change the terms that govern use of the App at any time without notice and without liability to you:
a) if required by law;
b) if suspension is necessary for the purposes of (routine or emergency) maintenance;
c) for security or technical reasons;
d) as a result of your mobile provider's changes, deletion, cancellation or revocation of any required approvals for the Apple app store and/or Android device app store (including without limitation Google or Apple App stores); or
e) due to an event beyond One Scream's reasonable control.
One Scream shall use all reasonable endeavours, where permitted by applicable law, to give you notice of such suspension or termination. One Scream has no liability to you and/or any third party resulting from One Scream’s suspension or termination of the App.
Consequences of termination
Upon termination for whatever reason, you shall stop using the App immediately. You acknowledge that in the event of termination of the App and/or your account, we have no duty to you or to any third parties.
You should be aware that if you request termination of the App, it will result in deactivation, but not necessarily deletion of your account. One Scream reserves the right to delete, or to not delete, your account at its sole discretion.
Following termination of these Terms and Conditions, any limitations on One Scream’s liability and indemnification by you shall survive termination and continue to apply.
OTHER IMPORTANT TERMS
Third party rights: We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. Except in the event of a transfer as above, these Terms and Conditions are between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
No partnership or agency: You acknowledge that there is no joint venture, partnership, employment, or agency relationship between you and One Scream as a result of these Terms and Conditions or your use of the App.
Events outside our control: Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control, including without limitation interruption or delay of any network service, phone connectivity or interruption of mobile phone or internet systems, strikes, lock-outs or industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers.
Entire Agreement: You agree to be bound exclusively by these Terms and Conditions to the exclusion of any terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
You confirm that you have not entered into these Terms and Conditions on the basis of any representation that is not expressly incorporated into these Terms and Conditions, and are not relying on One Scream advice or any advertisements. One Scream is not bound by any representation, promise, condition, inducement or warranty, express or implied, that is not included in writing in these Terms and Conditions.
Conflict: Should there arise any conflict between these Terms and Conditions and any other document, these Terms and Conditions will govern, whether any such document is prior to or subsequent to these Terms and Conditions.
Waiver: No failure or delay by One Scream to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Severability: If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions. If any provision or part-provision of these Terms and Conditions is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
Assignment and transfer: You acknowledge and agree that One Scream is entitled to transfer all of its rights and obligations under these Terms and Conditions to another party and you hereby accept and approve any such transfer of One Scream’s rights and obligations. We are at all times entitled to engage contractors or sub-contractors to carry out all or any of our obligations under these Terms and Conditions. These Terms and Conditions are not assignable by you.
Headings: The headings and paragraph titles used herein are solely for convenience of the parties only and shall not be considered in construing the provisions of these Terms and Conditions. In these Terms and Conditions, the word “including” is not a word of limitation but means “including, without limitation or example.”
Modification: We reserve the right to change the contents of the App and these Terms and Conditions at any time, without notice, and such changes shall be effective immediately upon posting on the App, the date of the changes being posted at the end of these Terms and Conditions. It is your responsibility to familiarise yourself with these Terms and Conditions on a regular basis to ensure that you are aware of any changes. Your use of this App following any such changes will constitute your acceptance of the revised Terms and Conditions.
Governing Law and jurisdiction: These Terms and Conditions and any action related thereto will be governed by the laws of England and Wales without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action arising out of or in connection with these Terms and Conditions will be the courts of England and Wales.
Dated: September 2017