App Terms of Use — BullyCam

Bully-Cam App 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 you via our mobile application, the “Bully-Cam app” (the “Service”) to “you” (you shall be referred to throughout as “you” or “your”).

1.2 Please read these terms carefully before you use our Service. These terms tell you who we are, how we will provide our Service to you, 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 create an account on our mobile application.

1.3 These terms of use refer to the following additional terms, which also apply to your use of 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 using our application, you consent to such processing and you warrant that all data provided by

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”).

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

you 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.

‘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 you provided to us when setting up your account.

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

3. OUR SERVICE

With one touch (you click the Bully-Cam app icon on your phone) a three second count down begins and then Bully-Cam starts recording and (provided you have 3G) immediately sends a link via email and text message to each of your (up to) five selected “Alert Recipients” (five contacts you set up when you create an account as detailed at clause 4 below). Each Alert Recipient is able to live stream what is happening where you are or if they do not immediately click on the link, they can do so at a later date and can access 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 you 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 or anyone else who has access to your phone. The Incident Report remains on the cloud even if the Bully-Cam app is deleted and/or your phone is lost or destroyed.

The Service we provide to you may change from time to time.

4. SETTING UP AN ACCOUNT

Once you have downloaded the Bully-Cam app you must set up an account with an email address and password. To do so you must provide your first and last names, email address and the phone number of your device.

You acknowledge that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile phone to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You must not allow any third party to access your account.

Using the Bully-Cam App

Once you are set up with an account every time you click on the Bully-Cam app icon on your device the app will open and a three second count down will begin. If you press the stop button before the countdown has finished, the app will not begin recoding and you can access your settings on Bully-Cam. If you do not press stop then the app will begin recording, your Alert Recipients will be notified and an Incident Report will automatically be created.

Within settings you can view your sent Incident Reports, unsent Incident Reports, Family & Friends (Alert Recipients), you can edit your alert message, set up an override call number (as described below), you can update your profile (name, email and device telephone number that you used to set up your account), change your password and contact us.

Adding Alert Recipients and creating Incident Reports

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

Each Alert Recipient will receive a text message and an email informing them that you have invited them to be an Alert Recipient. Each Alert Recipient can then click on the link provided to accept or decline the invitation and will themselves accept these terms and conditions and our Privacy Policy. If an Alert Recipient accepts the invitation, every time you use your Bully-Cam app and create an Incident Report (as described below), each Alert Recipient will receive a text message and an email informing them that you have started an Incident Report and will share a link with them to enable them to view the Incident Report. If they click on the link while you are recording they will be able to watch you live stream, see your location (using what3words technology for accurate location recording) and will have the option to call you (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. The Incident Report remains on the cloud even if the Bully-Cam app is deleted and/or your phone is lost or destroyed.

Downloading an Incident Report

You may download an Incident Report from Bully-Cam by clicking the download button on the Incident Report within Settings. You may also forward it to various third parties (999, Others – this allows you to

send it via email, Crimestoppers) via the Bully-Cam app and once you have downloaded it you can forward it to whoever you wish.

You are responsible for how Incident Reports are copied, shared, managed and published by you, your Alert Recipients 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.

Deleting an Incident Report

You may request deletion of an Incident Report. If you wish to do so, please contact us in writing by emailing contact@righttoresist.org with ‘Delete Incident Report’ in the email subject box and we shall aim to delete this within five (5) working days. Please note if you do not put ‘Delete Incident Report’ in the subject heading we may miss your email and may not be able to action your request.

Please note that once an Incident Report has been downloaded, we have no control over it and cannot delete it from your device or the device of any third party with whom you have shared it. Therefore, please think carefully before sharing an Incident Report with a third party who is not one of your Alert Recipients.

Removing an Alert Recipient

If at any time you wish to remove an Alert Recipient you may do so via your account, simply click ‘delete’. Similarly if an Alert Recipient informs you that they no longer consent to their role as Alert Recipient please delete them from your account as soon as you can and within ten (10) working days.

Setting up an override call number

Bully-Cam is not designed to replace calling 999 (or the equivalent emergency service number if you are not in the UK or Northern Ireland – please see clause 13 re using the Bully-Cam app outside of the UK and Northern Ireland). You must always call 999 if you are in an emergency.

You are able to set up an override call number within Bully-Cam app. Using call override will shut down the Bully-Cam app and end all functionality. The override call button can be used to contact the emergency services (if you set up 999 as your override call number, although there is already a call 999 button within the Incident Report page) or your preferred contact at a single touch if you consider it necessary.

Unsent Incident Reports

If you use your Bully-Cam app in an area where you 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 your Alert Recipient(s). The Incident Report is therefore stored in the Unsent Incident Reports folder in your settings and you can send this to your Alert Recipients at a later date or simply keep the Incident Report for your own use, download it and/or share it with third parties if necessary.

5. Uploading content to the Bully-Cam app

You retain all ownership rights in any content you upload to the Bully-Cam app, but you grant us a non- exclusive, irrevocable, perpetual, worldwide, royalty free, sub-licensable licence to use, store and copy that content and to distribute and make it available to third parties as necessary.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our application constitutes a violation of their intellectual property rights, or of their right to privacy and if so required by a law enforcement body or in connection with legal proceedings.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Bully-Cam app. We have the right to remove any posting you make on our Bully-Cam app.

You acknowledge and agree that in line with the purpose of Bully-Cam app (to enable users to obtain

evidence in situations where they feel threatened that cannot be deleted) (the “Purpose”) you cannot

delete the Incident Reports you create and that are stored within your account. Therefore, if you wish to

have content deleted from your account please contact us and we shall delete such Incident Reports on

your behalf (provided we are legally able to do so and such content is not required by a law

enforcement body or in legal proceedings). Once the content is deleted, you acknowledge and agree

that such removed content may persist in backup copies for a reasonable period of time but will not be

available to any third party unless requested by a law enforcement body or legal summons.

For the avoidance of doubt, any misuse by you of the Bully-Cam app where you are not recording a

video in line with the Purpose may lead to immediate suspension or deletion of your account at our sole

discretion and the Incident Report you create may be used as evidence by us of your misuse.

Protecting other peoples’ rights

We respect other peoples’ rights and expect you to do the same.

6. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that you will not upload content or take any action on the Bully-Cam app

that infringes or violates someone else's rights or otherwise violates the law.

We can remove any

content or information you post on the Bully-Cam app if we believe that it violates this Statement.

6.1 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 the Service solely for the duration you have an account with us;

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

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

7. RESTRICTIONS ON YOUR USE OF THE SERVICE

7.2 You will not create more than one personal profile;
7.3 If we disable your account, you will not create another one without our permission;
7.4 You will not use your personal profile for your own commercial gain;
7.5 You will keep your third party contact information (Alert Recipient(s)) accurate and up-to-date;

7.7 You will not transfer your account to anyone.

7.1 You will not provide any false personal information on the Bully-Cam app, or create an account for

anyone other than yourself without permission;

7.6 You will not share your password with a third party, let anyone else access your account, or do

anything else that might jeopardize the security of your account; and

8. OUR RIGHTS TO MAKE CHANGES

8.1 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).

8.2 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.

9. YOUR RIGHTS TO END THE CONTRACT

9.1 You can always end your contract with us. To end the contract with us 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). We shall endeavour to action this 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 you have contacted us and we have responded please delete your account and the Bully- Cam app from your phone and cease using the Bully-Cam app.

10. OUR RIGHTS TO END THE CONTRACT

10.1 We may end the contract with you at any time by writing to you to let you know that we are going to disable your account:

a) at any time for any reason at our sole discretion;
b) if you share your individual account log-in details with anyone else; c) if you misuse the Bully-Cam app in any way; and/or
c) you breach any of the warranties at clause 11 below.

11. WARRANTIES

You represent, warrant and undertake:

• That all the information you provide to us via 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 Bully-Cam app in any unlawful manner or in a manner which promotes or encourages illegal activity;
Not to use the Bully-Cam app for anything other than its intended Purpose;
Not to breach any law, statute, contract or regulation;
Not to use the Bully-Cam app in a manner that is obscene, discriminatory, defamatory, libellous,
unlawfully threatening or unlawfully harassing;
Not to provide false, inaccurate or misleading information;
Not to upload viruses or other malicious code;
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 post content to the Bully-Cam app where you are the perpetrator of material that is hateful,
threatening, pornographic, incites violence, contains nudity or graphic or gratuitous violence
(“Abuse”) (this does not apply to content in which you as the user are the victim of such Abuse);
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.

12. INDEMNITY

12.1 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.

12.2

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

Bully-Cam app 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.

13. 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 any user 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 Bully-Cam app; or
use of or reliance on any content displayed on the Bully-Cam app.

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 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 Bully-Cam app will always work without interruption or

faults. You acknowledge and agree that the Bully-Cam 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 Bully-Cam is designed for use in the United Kingdom and

Northern Ireland only (the “Territories”). If you use the Bully-Cam app outside of the Territories you

shall do so at your own risk and we shall not be liable for such use.

Our aggregate liability arising out of this statement, or your use of the Bully-Cam app 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.

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

14.1 We will use the personal information you provide to us in accordance with our Privacy Policy https://bullycam.org//pdf/BULLYCAM_PRIVACY_POLICY.pdf (as applicable), the terms of which are incorporated into this agreement by reference.

14.2

15. VIRUSES

We do not guarantee that the Bully-Cam app will be secure or free from bugs or viruses. You use it at your own risk. We provide the Bully-Cam app “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 third party rights. We do not guarantee that the Bully-

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’).

Cam app will be safe or secure.

You are responsible for configuring your device(s) in order to access our Bully-Cam app. You should use your own virus protection software.

You must not misuse our Bully-Cam app 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 our Bully-Cam app. You must not attack our Bully-Cam app 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 our application 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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