Terms of Use

Summary of Terms of Use

We have provided a summary of the key concepts in our Terms of Use for you. The summary is just an aid, our legal relationship remains governed by the full version of our Terms of Use. Our Terms of Use apply when you use our Applications (including our mobile applications and web platform), or sign up for an account with us. We may change it, but will give you notice if we do. What our Terms of Use say:
    • Account: Each account is meant for you alone. Do not share it with anyone. We may need to check your identity to provide you with an account. You must be at least 18 years old to use our Services.
    • Licence: You can use our Applications to receive Services from us. When you submit material to us (such as pictures and reports), you allow us to use it. If you share material with other Users (such as on your public newsfeed), you permit others to use it too.
    • Acceptable Use: This Service was created to enable better delivery of security services. We do not tolerate people doing bad things on it. Unlawful activity is prohibited, as well as any inappropriate or disrespectful behaviour. Attempting to hack or disrupt our systems or Application, or copy/reverse engineer it, will not be tolerated. Basically, we want good people to make good use of the tools we have provided.
    • Relationship with Customers: You are a Customer if you use our Applications to obtain security services. If so, certain Customer specific terms apply to you (See “Use of the Application as a Customer”).
We provide Customers with tools (such as mobile applications, web portals and newsfeeds) that assist them to obtain and manage security services. However, we do not supply security services. We act as a marketplace for Customers to obtain security services from Security Service Providers. In respect of the provision of security services, that is between the Customer and the Security Service Provider. We are not responsible for that.
  • Relationship with Security Service Providers: You are a Security Service Provider (or SSP) if you use our platform to supply security services. If so, certain Security Service Provider specific terms apply to you (See “User of the Application by Security Service Providers”).
We provide Security Service Providers with tools that assist them to supply and manage security services. SSPs are responsible for the supply of security services, not us.
  • Relationship with employees or contractors of corporate Customers and SSPs: Employees or contractors of corporate Customers and Security Service Providers may use our Applications and have accounts created. Such Users are required to comply with our Terms of Use and use the appropriate type of Application and account assigned. Corporate Customers and Security Service Providers are responsible for their employees or contractors who use our Applications.
  • Disclaimer, Liabilities and Indemnity: The Application and Services are provided as you see it (i.e. on an “as is” basis). Certain service availability terms may apply to SSPs that subscribe to our Services. Our liabilities are limited and you indemnify us against your actions or failures or that of your Personnel (See “Disclaimer and Limitation of Liability” and “Indemnity”).
  • Termination: We can stop providing Services and terminate your account immediately if you’re in breach, or for any reason with 14 days’ notice.
  • Other Legal Matters: Confidential Information received must be kept confidential. We may disclose Confidential Information if required to by lawful authority. We process personal information in accordance with our privacy policy. Personal information must be provided to us lawfully and enable our lawful use. We’re based in Singapore so Singapore law applies. Disputes should be resolved amicably, otherwise by arbitration at the Singapore International Arbitration Centre. Certain Apple Store specific terms apply.
Please contact us at support@softwarerisk.com if you have any questions.

Terms of Use

These Terms of Use (“Terms of Use”) constitute a legally binding agreement between you (“you” or the “User”) and SOFTWARE RISK PTE. LTD., a company incorporated in Singapore with UEN 201720434E and with its registered address at 8 Marina Boulevard #05-02, Marina Bay Financial Centre, Singapore 018981 (“Security Risk”, “us”, “we” or “our”). PLEASE READ THESE TERMS CAREFULLY. By signing up for or by accessing or using this Application or the Service (each as defined below), you have agreed to these Terms of Use. We reserve the right to amend these Terms of Use at any time. You will be notified of any amendments and given an opportunity to review them. The amended Terms of Use will take effect from the time of posting. Your continued use of the Application or Service constitutes acceptance of any amendment to the Terms of Use. If you do not agree with any amendment to the Terms of Use, you must stop using the Application and Service immediately.

Updates

From time to time, we may update the Application to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may, from time to time, add, remove or change the Service offered through the Application. The Application may be updated automatically or we may ask you to update the Application. If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using the Application and the Service.

1. Definitions

  1. In these Terms of Use, unless the context otherwise requires, the following words and expressions shall have the following meanings:
“Application” means (i) our software application installed your mobile device; or (ii) our web portal, through which we provide the Services. “Confidential Information” means all information in any and all mediums disclosed by one party to another party including, without limitation, data, technology, know-how, inventions, discoveries, designs, processes, formulations, models, equipment, algorithms, software programs, interfaces, documents, specifications, information concerning research and development work, and/or trade and business secrets, current, planned or proposed products, marketing and business plans, forecasts, projections and analyses, financial information, and shall include User Data. “User Data” means information (including personal information) relating to a User, including but not limited to order information, payment information, account information, and preferences. “Customer” means a User that receives or intends to receive services from Security Service Providers. “Personnel” means employees, contractors, representatives or agents of corporate Customers or Security Service Providers respectively. “Security Service Provider” or “SSP” means an organization that offers or intends to offer security services to Customers. “Service” means the services provided by us through our Applications including a (i) platform to connect Customers to Security Service Providers and for Security Service Providers to offer services to Customers and (ii) Applications for Security Service Providers and Customer to manage their security related operations, Personnel and assets, and (iii) any other services offered by us on the Application from time to time. Ω “User” means a user of the Application, whether an individual or a business entity, who (i) has signed up for an account with us; or (ii) has used or accessed the Application.

2. Use of the Application

This section applies to your use of the Application whether you are a Customer, a SSP, a representative, Personnel, or other authorised user of a SPP or Customer.
  1. We hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, personal and limited license to use the Application solely for the purpose of receiving the Service, subject to these Terms of Use. You shall have no other intellectual property rights in, or to, the Application or the Service.
  2. You hereby grant us and Users a non-exclusive, royalty free, transferable, sublicensable, worldwide license to the intellectual property rights to all material (including pictures, text and any feedback) submitted to us through the Application. All information published on your public newsfeed may be republished and used by us and other Users. Your use of the Application or Service, including by the submission of any material to us, must not infringe our intellectual property rights or those of any third party.
  3. You must not:
    1. Use the Application or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, including impersonating or attempting to impersonate another User or person on the Application or Service or misrepresenting your affiliation with a person or entity;
    2. divulge your account details, including your password, to anyone or authorize others to use your account;
    3. use the Application or Service to transmit any material that is defamatory, offensive or otherwise objectionable or unlawful;
    4. use the Application or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users, or impair or circumvent the proper operation of the network which the Application or Service operates on;
    5. translate, merge, adapt, vary, alter or modify, the whole or any part of the Application or Service or permit the Application or Services or any part of it to be combined with, or become incorporated in, any other programs, unless expressly permitted by us;
    6. disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Application nor attempt to do so, except to the extent permitted by applicable law;
    7. collect or harvest any information or data from our Application, Service or our systems or attempt to decipher any transmissions to or from the Application or servers running the Services;
    8. hack into or insert malicious code, such as viruses, or harmful data, into the Application or Service or otherwise interfere with the proper and uninterrupted use and enjoyment of the Application or Service, or attempt to do so;
    9. provide any information that you know or should know to be false in connection with your use of the Application or Service including spoofing any IP address, MAC ID or other identifier or providing false location information to us;
    10. engage in any automated use of the Application or Service, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; and
    11. harass, annoy, intimidate, threaten or behave in an inappropriate or disrespectful manner towards our employees and representatives, or other Users of the Application or Service.
  4. We may remove any content or material submitted or uploaded by you on the Application or Service that is in violation of our Terms of Use.
  5. You may only use the Application or Service in accordance with applicable laws and for the purposes for which it was intended to be used.

3. User Account and Authentication

  1. You may be required to provide us with proof of identity before you are permitted to use the Application or Service. You warrant that all information supplied is true, accurate and up to date.
  2. We reserve the right to decline a registration or application for a User account at our discretion.
  3. You may not assign or otherwise transfer your User account, or any rights or obligations under these Terms of Use, to any other person, nor allow another person to have access or use of the Application or Service through your User account.
  4. You represent and warrant that you have full authority, power and capacity to enter into these Terms of Use. If you are individual, you must be at least eighteen (18) years old to enter into these terms and use the Application.
  5. Applications and User accounts may be designed with specific types of Users in mind. Users must use the Applications and User accounts meant for them, and not others. For instance, corporate Customers and their Personnel must sign up as Customers and use our Customer facing Applications, Security Service Providers will have other Applications and User accounts designed for them. [For more details on the types of Applications and User accounts available, please refer to our product specifications.]
  6. You must notify us immediately at support@softwarerisk.com if you become aware of any unauthorized use of your password or of your account.

4. Use of the Application as a Customer

  1. Through our mobile and web Applications, we provide a platform to connect you to Security Service Providers who can provide you with security related services such as security patrols, transport and emergency response services.
  2. You may use the Application to request such services from the Security Service Providers. While we provide you with the ability to pay for such services through our Application, these Security Service Providers are third party service providers and not employed by us, are not our subcontractors and we do not resell their services. We are not liable or responsible for their performance and their engagement shall be at your sole risk and discretion.
  3. We may also provide you with Services directly such as the use of our Application to manage security services and subscription to newsfeeds. Your use of such Services may subject to the payment of applicable fees which will be notified to you beforehand. Subscriptions may be cancelled by providing at least 30 days prior written notice to us.
  4. All amounts paid to us are non-refundable. Payments made to us through the Application are provided by a third party payment processor and are also subject to the payments processor’s terms and conditions. We may suspend or terminate your use of the Application or of the relevant Service for late or non-payment of fees.
  5. Unless otherwise agreed with a corporate Customer, you may terminate this agreement with us at any time by deleting the Application or your User account with us.

5. Use of the Application by Security Service Providers

  1. Through our mobile and web Applications, we provide a platform to connect you to Customers who may wish to obtain services from you such as security patrols, transport and emergency response services.
  2. You represent and warrant that:
    1. you (and your Personnel) are duly licensed to provide the services offered by you through our Application or Service;
    2. you are independent contractors; and
    3. your offer and provision of services are in compliance with all applicable laws and regulations including but not limited to the Private Security Industry Act.
  3. We are not liable or responsible for any services provided by you to any Customers and any instructions given by Customers to you. You shall defend, indemnify and hold us and our subsidiaries, affiliates, officers, directors, members, employees and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs and/or regulatory action):
    1. arising out of or in connection with (i) any breach of clause 5.2 or (ii) your provision of services through the Application; or (iii) your use or provision of any content, information or material provided by other Users (including Customers) on our Application.
    2. to the extent that we are deemed as a result of your use of the Application or Service to be (i) providing security services; or (ii) employers of Personnel in your employ or otherwise hired by you.
  4. We may provide Services and Applications that assist you to manage your operations, Personnel and assets.
  5. Your use of the Application and Service is subject to the payment of a subscription and other fees. The amount of fees payable by you will be notified to you beforehand, and made available on our website or through other media as updated from time to time. Subscription fees may vary depending on the number of Users you add (i.e. your Personnel) and/or assets you use the Application to manage. All amounts paid to us are non-refundable. We may suspend or terminate your use of the Application or Service for late or non-payment of fees. Subscriptions may be cancelled by providing at least 30 days prior written notice to us.
  6. Payments made to us through the Application are provided by a 3rd party payments processor and are also subject to the payments processor’s terms and conditions.

6. Use of the Application by employees or contractors of corporate Customers and SSPs

  1. Personnel of corporate Customers and Security Service Providers may be provided access to and use of our Application and Services. Corporate Customers and Security Services Providers may also create certain types of User accounts on behalf of their Personnel and register accounts for their Personnel.
  2. All Personnel must comply with these Terms of Use, and use the appropriate Application and User account intended. For instance, responders must use the responder application and security guards must use the sentry application. We may terminate or suspend use of our Application and availability of Services to Personnel as we deem appropriate.
  3. Corporate Customers and Security Service Providers are responsible for its Personnel. Limitation of liability and indemnity terms in clauses 11 and 12 shall apply accordingly.

7. Service Availability – Subscription Services Only

  1. The terms in this clause 7 shall apply to Services provided to Security Service Providers on a subscription basis only.
  2. We will maintain service availability such that all Services ordinarily provided to you on a subscription basis shall not be unavailable for more than a continuous 12 hour period, and will minimise any service disruptions that may arise. In the event of a service outage lasting a continuous 12 hours period or more, you shall be entitled to a refund equivalent to the amount paid to us by you for the month in which the service outage occurred. For avoidance of doubt, the entitlement to refund is not cumulative and you shall not be entitled to a refund of more than you paid us for multiple outages that occur in the same month.
  3. Notwithstanding the above,
    1. refunds under this clause 7 shall be limited to no more than 2 refunds in any 12 month period;
    2. refunds will only be applied at the end of any billing period; and
    3. advance payments shall not be refundable in the event that the subscription is cancelled.
  4. For the purposes of this clause 7, our Services shall not be considered unavailable where the unavailability is related to: (i) any event that is beyond our reasonable control; (ii) an act or omission by you or anyone that you permit access to our Services; (iii) an act or omission by any other person unless it is a vendor that provides services to us and the failure of the vendor to provide services is the direct cause of the unavailability of Service; and (iv) any scheduled downtime notified in advance to you.

8. Confidentiality

  1. You may receive Confidential Information of other Users through your use of the platform that are subject to obligations of confidentiality. All such Confidential Information must be kept confidential and not disclosed unless otherwise permitted by the owner of the information or by law.
  2. We may disclose information about you and your use of our Services (including Confidential Information) in response to a request by a competent public authority. If permissible, we may inform you of the request to allow you to seek measures to limit the disclosure.

9. Data Protection

  1. You consent to our use of your personal data in accordance with our Privacy Policy at http://softwarerisk.com/legal/privacy-policy. This includes any personal data provided by you to the Security Service Providers using the Application or Service and any personal data generated through your use of the Application or Service.
  2. To the extent that you have provided personal data of Personnel, other Users or 3rd parties to us, you warrant that you have obtained requisite consent to provide us with the personal data such that we may use it in accordance with our Privacy Policy, or that such provision and use of personal data is otherwise permitted under applicable law.

10. Suspension and Termination

  1. We may, with or without notice, terminate this agreement and/or suspend or block you from using the Application for any violation of our Terms of Use.
  2. We may terminate this agreement and the Service and your use of the Application, with or without cause, by providing you with 14 days notice.
  3. Termination shall not affect any liabilities or obligations accrued by you prior to termination.

11. Disclaimer and Limitation of Liability

  1. Our Application and Service are provided to you on an “as is” basis. Save for clause 7 (Service Availability), we make no representations or warranties of any kind whatsoever, express or implied, in connection with our Application or Service, these Terms of Use, or any information, content or material therein.
  2. The Application or Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. We shall not be liable for your reliance on or use thereof.
  3. Although we make reasonable efforts to keep the Application up-to-date, we make no representations, warranties or guarantees, whether express or implied, that (i) any information provided is accurate, complete or up to date, (ii) that the Service will be uninterrupted (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our Application or otherwise); or (iii) material accessible through the Application will be free of bugs, viruses, worms, Trojan horses or other harmful components.
  4. You agree that we shall not be liable for: (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of: profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to access to, use of, or inability to access or use this Application or Service by you or your Personnel; (d) damages relating to any conduct or content of any third party on any Application, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any content. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal basis, whether or not we have been informed of the possibility of such damage.
  5. Without prejudice to the other provision of these Terms of Use, our total liability for any claim arising from the use of the Application or the Service, including for any implied warranties, is limited to the lowest of (i) one hundred Singapore Dollars (SGD $100.00), (ii) the value of the subject matter in question; or (iii) the amount you paid us to use or access the Application or any of its features or functionality in the past 12 months (if any).
To the extent that any of the terms in this clause 11 are unenforceable, such terms (or any part thereof) shall immediately be severed and terminate without prejudice to the remainder of the terms which shall continue have full legal force and effect.

12. Indemnity

  1. You agree that you shall defend, indemnify and hold the us and our parent organizations, subsidiaries, affiliates, officers, directors, members, employees and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs and/or regulatory action) arising out of or in connection with your or your Personnel’s (a) use of the Service, and/or the Application; or (b) violation or breach of any of these Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) violation of any rights of any third party arranged via the Service, or (d) use or misuse of the Service and/or the Application.

13. No Third Party Rights

  1. Unless expressly provided, these Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B).

14. Governing Law

  1. Your use of this Application and Services and these Terms of Use shall be governed by and construed in accordance with the laws of Singapore, without regard to any conflicts of law rules.

15. Dispute Resolution

  1. In the event of any dispute or difference arising out of or in connection with or in relation to these Terms of Use, including any question regarding the existence, validity, application or interpretation of these Terms of Use or any of its provisions, parties shall endeavour to seek a mutually agreeable resolution to the dispute. Parties shall always act in good faith and co-operate with each other to resolve any disputes.
  2. If the parties are unable to resolve the dispute within 60 days, the dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.
  3. To the extent permitted by applicable law, no action or claim shall be brought by the User after the expiry of 12 months from the date on which the cause of action accrued.

16. Contact Us

  1. Our contact details are below, in the event that you should need to reach us in relation to any queries, complaints or claims:
Software Risk Pte. Ltd.
8 Marina Boulevard #05-02, Marina Bay Financial Centre,
Singapore 018981
+65 3165 4555

17. Apple App Store Terms

  1. Where the Application is offered for download to your mobile device from the app store of Apple, Inc. (” Apple”), the following additional terms apply:
    1. These Terms of Use are entered into between you and us and not with Apple;
    2. The Application may only be used on an Apple branded mobile device owned or controlled by you;
    3. You agree to abide by any rules and polices set by Apple in relation to the use of mobile applications on Apple’s app store;
    4. Unless expressly provided herein or to the extent required by law, we do not provide any maintenance, support or warranty for the Application or the Service. You may notify Apple in the event that we fail to confirm with any applicable warranties in relation to the Application and Apple will refund the purchase price of the Application (if any), but not the Services, to you;
    5. Apple does not have any warranty, maintenance or support obligations, and shall not be responsible for any product or intellectual property claims, in relation to the Application;
    6. You may reach us at the contact details provided below in relation to any product claims you may have in relation to the Application;
    7. Nothing in these Terms of Use shall be taken to limit or exclude our liability to you beyond what is permissible under applicable law;
    8. 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; (i)You must comply with any applicable third party terms of agreement when using the Application;
    9. You acknowledge that Apple and its subsidiaries may enforce the terms in this clause 17 against you as a third party beneficiary.