App Alert Terms of Use

Bully-Cam App Alert Recipient Terms and Conditions

Last updated 10th April 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE ON

THIS MOBILE APPLICATION 1. THESE TERMS

1.1 These are the terms and conditions on which we supply our free, one-touch, video recording and incident report assault deterrent service hosted on the cloud, to users via our mobile application, the “Bully-Cam app” (the “Service”) to which “you” (you shall be referred to throughout as “you” or “your”) have accepted becoming a part of that Service as an Alert Recipient.

1.2 Please read these terms carefully before you agree to become part of our Service. These terms tell you who we are, how we provide our Service, how you and we may change or end the contract, what to do if there is a problem and other important information. By clicking “I Agree” you confirm that you have read and understood these Terms and Conditions (including the documents expressly referred to herein) and you agree to be legally bound by them in relation to your use of the Service that we provide. If you refuse to accept these Terms and Conditions, you will not be able to become an Alert Recipient.

1.3 These terms of use refer to the following additional terms, which also apply to the Bully-Cam app:

• Our Privacy Policy https://bullycam.org//pdf/BULLYCAM_PRIVACY_POLICY.pdf which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By accepting the role of an Alert Recipient, you consent to such processing and you warrant that all data provided by you to the main account holder using the Service and any data provided by you

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are RIGHT TO RESIST a charity registered in England and Wales with charity number 1201092 whose registered address is at East Deanraw, Langley-on-Tyne, Hexham, NE47 5LY trading as “Bully- Cam” (we shall be referred to throughout as “we”, “us” or “Bully-Cam”).

directly to us is accurate and up to date; and
• Our Cookie Policy https://bullycam.org//pdf/R2R_COOKIES_POLICY.pdf which sets out information

about the cookies on our application.

is to enable users to obtain evidence in situations where they feel threatened that cannot be deleted (the

The purpose of Bully-Cam app

“Purpose”).

2.2 You can contact us by email at: contact@righttoresist.org. To contact us if you believe you have experienced misuse of the Bully-Cam app please email: contact@righttoresist.org ensuring you put ‘Misuse’ in the email subject box. We shall endeavour to respond to your email within fourteen (14) working days. Please note if you do not put ‘Misuse’ in the subject heading we may miss your email and

may not respond.

2.3 If we have to contact you we will do so by telephone or by writing to you at the email address provided to us for you by the main account holder when setting up their account.

2.4 When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR SERVICE

With one touch (a user clicks the Bully-Cam app icon on their phone) a three second count down begins and then Bully-Cam starts recording and (provided the user has 3G) immediately sends a link via email and text message to each of their (up to) five selected “Alert Recipients” (five contacts they set up when they create an account with us). As an Alert Recipient you are then able to live stream (with an approximate 15 second delay) what is happening where the main account holder is or if you do not immediately click on the link, you can do so at a later date and can access and download the recorded video and view the whole “Incident Report” showing the date, time, sender, status, video and location (using what3words technology for accurate location recording) of the incident and will have the option to call the account holder at the click of a button, call 999 and/or forward the “Incident Report” to 999/others and download it. The Incident Report is stored on the cloud and cannot be deleted by you, the account holder or anyone else who has access to the device on which the video was recorded. The Incident Report remains on the cloud even if the Bully-Cam app is deleted and/or the device with the recording is lost or destroyed.

The Service we provide may change from time to time.

4. Being added as an Alert Recipients and Incident Reports

Once the account holder’s account is set up, they may add up to five “Alert Recipients” under the “Family & Friends” tab found in settings within the Bully-Cam app. They must add the name, telephone number and email address of each Alert Recipient. The account holder is responsible for ensuring they have permission from you to add your personal information to their profile and your consent to add them as an Alert Recipient in their Bully-Cam app.

If you are asked by a Bully-Cam app user to become an Alert Recipient you shall also enter into these terms and conditions when you accept the users invitation. You acknowledge and agree that by accepting to be an Alert Recipient you have given permission for the account holder to share your name, telephone number and email address us for the Purpose of the Bully-Cam app, as detailed herein, only. You acknowledge that if you wish to withdraw your consent to share your personal information or act as an Alert Recipient you shall notify the account holder as soon as you can that you wish to be removed from the Bully-Cam app and you shall also notify us via email at contact@righttoresist.org (with ‘End Contract’ in the email subject box) if the account holder does not action your request within ten (10) working days. Please note if you do not put ‘End Contract’ in the subject heading we may miss your email and may not be able to action your request.

Once the account holder has added you, you will receive a text message and an email informing you that you have been invited to be an Alert Recipient. You can then click on the link provided to accept or decline the invitation and you must accept these terms and conditions and our Privacy Policy if you wish to proceed. If you accept the invitation to be an Alert Recipient, every time the account holder uses their Bully-Cam app and creates an Incident Report (as described below), you will receive a text message and an email informing you that the account holder has started an Incident Report and you will receive a link to enable you to view the Incident Report. If you click on the link while the account holder is recording they you will be able to live stream what is happening to the account holder, see the account holder’s exact location (using what3words technology for accurate location recording) and you will have the option to call the account holder (at the click of a button), call 999 and/or forward the “Incident Report” to 999 or others and download it. Once created an Incident Report can be accessed at any time and shows the date, time, sender, status, video and location. The Incident Report is stored on the cloud and cannot be deleted by you or anyone else who has access to your phone.

Incident Reports

You are responsible for how Incident Reports are copied, shared, managed and published by you and any third party to whom you allow access to your Bully-Cam Account. Bully-Cam accepts no responsibility for the Incident Report once it has been forwarded to any third party and/or downloaded to your device.

Unsent Incident Reports

If the account holder uses the Bully-Cam app in an area where they do not have an internet connection or any signal (i.e. 3G/4G or a Wi-Fi connection), an Incident Report is still created but the app is unable to send the Incident Report to the Alert Recipient(s). The Incident Report is stored in the Unsent Incident

Reports folder on the account holder’s app and the account holder can send it to your Alert Recipients at a later if they wish to.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 You acknowledge and agree that:
(a) we are the owners or licensors of all intellectual property rights in and to the Service.

(b) you are granted a non-exclusive, revocable licence to use partake in the Service solely for the duration you are an Alert Recipient;

(c) you shall not copy, modify, share, republish, or reproduce in whole or in part, any part of the Service or any Incident Report without our prior written consent; and

(d) you will not use our copyrights or trademarks, or any confusingly similar marks, without our written

permission.

6. RESTRICTIONS ON YOUR USE OF THE SERVICE

6.2 You will not use your role as Alert Recipient for your own commercial gain; and
6.3 You will not share the Incident Report with any third party except in accordance with the Purpose.

6.1 You will not provide any false personal information to us or to the account holder in relation to the

Bully-Cam app;

7. OUR RIGHTS TO MAKE CHANGES

7.1 We may change the Service:
a) to reflect changes in relevant laws and regulatory requirements;

b) to implement minor technical adjustments and improvements, for example to address a security threat. (We do not expect these changes will affect your use of the Service); and

c) where it may be necessary for us to temporarily suspend access to the Service to make adjustments and improvements. (We will notify you of any planned disruption by posting a notice on our website or on this application in advance).

7.2 We may update or require you to update digital content, provided that the digital content shall always match the description of the Service as closely as we are able to when you first created an account with us.

8. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us. To end the contract with us please notify the account holder that you no longer wish to be an Alert Recipient. Please notify us via email at contact@righttoresist.org that you wish to end the contract with us (please insert ‘End Contract’ in your email subject box ) if the account holder does not action your request to be removed as an Alert Recipient within ten (10) working days. Please note if you do not put ‘End Contract’ in the subject heading we may miss your email and may not be able to action your request.

9. OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract with you at any time by writing to you to let you know that we are going to request you are removed as an Alert Recipient:

a) at any time for any reason at our sole discretion;
b) if you misuse the Service in any way;
c) if you abuse your role as Alert Recipient in any way; and/or c) you breach any of the warranties at clause 10 below.

10. WARRANTIES

You represent, warrant and undertake:

• That all the information you provide to us and/or the account holder of the Bully-Cam app is true

and accurate to the best of your knowledge and belief;

To comply with all applicable laws and regulations;
Not to use the Service or your role as an Alert Recipient in any unlawful manner or in a manner
which promotes or encourages illegal activity;
Not to use the Service or your role as an Alert Recipient for anything other than the intended
Purpose;

Not to breach any law, statute, contract or regulation;
Not to use the Service or your role as an Alert Recipient in a manner that is obscene,
discriminatory, defamatory, libellous, unlawfully threatening or unlawfully harassing;
Not to provide false, inaccurate or misleading information;
Not to introduce viruses or other malicious code to the Service;
Not solicit log in information to or access an account belonging to someone else;
Not collect other users’ content or information including by automated means such as harvesting
bots, robots, spiders or scrapers;
Not share (or pass to a third party to share) any content (video or personal data) collected, stored
or shared with you on or via the Bully-Cam app on any form of social media or other form of media;
Not do anything that could disable, overburden or impair the proper working of the Bully-Cam app
such as a denial of service attack;
Not to use an anonymising proxy; or
Not to attempt to gain unauthorised access to any networks, servers or computer systems
connected to the Bully-Cam app.

11. INDEMNITY

11.1 You shall indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of the Service in any way that contravenes these terms.

11.2

If anyone brings a claim against us related to your actions, content or information

connected with your involvement with

the Service or your role as an Alert Recipient

you will

indemnify and hold us harmless from and against all damages, losses, and expenses of any kind

(including reasonable legal fees and costs) related to such claim.

12. LIMITATION OF OUR LIABILITY AND EXCLUSIONS

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Bully-Cam app or any content on it, whether express or implied. We will not be liable to you for any loss or damage, whether

in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, the Service; or
use of or reliance on any content displayed via the Service.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content

on it, or on any website linked to it.

Please remember – we are not representing, warranting or in any way suggesting that the Bully-Cam app/Service is a replacement for or supplement to the emergency services and your own safety precautions.

We are not responsible for the actions, content, information, or data of third parties, and you hereby

release and indemnify and agree to keep indemnified now and in the future us, our directors, officers,

employees, and agents from any claims and damages, known and unknown, arising out of or in any way

connected with any claim you have against any such third parties.

We will not be liable to you for any lost profits, loss of opportunity, loss of data, or for any loss of

economic use, not for any consequential, special, indirect, or incidental damages arising out of or in

connection with this agreement, even if we have been advised of the possibility of such damages.

We cannot and do not guarantee that the Service will always work without interruption or faults.

You acknowledge and agree that the Service app may cease to function in whole or in part at any

time, without notice, for any duration and we are not liable to you if this occurs.

You acknowledge and agree that the Service is designed for use in the United Kingdom and

Northern Ireland only (the “Territories”). If you use the Service (or the account holder uses the

Service) outside of the Territories you/they shall do so at your/their own risk and we shall not be

liable for such use.

Our aggregate liability arising out of this statement, or your use of the Service will not exceed £100.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential

damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be

limited to the fullest extent permitted by applicable law.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION AND DATA PROTECTION

13.1 We will use the personal information you provide to us and/or you provide to the account holder for use on the Service in accordance with our Privacy Policy Policy

https://bullycam.org//pdf/BULLYCAM_PRIVACY_POLICY.pdf (as applicable), the terms of which are incorporated into this agreement by reference.

13.2

14. VIRUSES

We do not guarantee that the Service will be secure or free from bugs or viruses. We provide the Service “as is” without any express or implied warranties including, but not limited to, implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose, and non-infringement of any

You shall comply with all applicable data protection legislation, as in force from time to time,

including but not limited to the Data Protection Act 2018 and the United Kingdom General Data

Protection Regulation (‘UK-GDPR’).

third-party rights. We do not guarantee that the Service will be safe or secure.

You are responsible for configuring your device(s) in order to act as an Alert Recipient. You should use your own virus protection software.

You must not misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

16. OTHER IMPORTANT TERMS

16.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may delete your account and stop using the Service.

16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17. GOVERNING LAW AND JURISDICTION

17.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

17.2 The courts of England shall have exclusive jurisdiction to settle any such dispute or claims relating to these terms and conditions.

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