Please read these terms and conditions carefully:
By accessing the services on our website or mobile application and clicking “I agree” you are agreeing to these terms and conditions. If you do not agree to these terms and conditions, do not click “I agree” and do not access the services.
Please see clause 3 for the terms and conditions applicable to any free trial that we may offer from time to time.
These are the terms and conditions on which we provide you with access to and use of our SafeToNet Safeguarding Software via our mobile application ("our app" or the "Services"). Our Services enable legal guardians to remotely monitor and manage the mobile device(s) of their dependant(s).
Please read these terms carefully before you access or use our Services. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information.
We are SafeToNet Limited a company registered in England and Wales with
company registration number 08733316 and whose registered office is at
8 Kean Street,
London WC2B 4AS,
Our registered VAT number is 174671584.
You can contact us by using our website or creating a support ticket on our site or our app.
If we have to contact you we will do so by writing to you at the email address you provided to us when you registered to use our Services.
When we use the words "writing" or "written" in these terms, this includes emails.
3.1 We may at times offer you access to and use of our Services for a number of days as determined and limited by each relevant offer free of charge (the "Offered Period").
3.2 If you wish to take advantage of this free trial offer, you will need to register for the free trial on our site or our app.
3.3 Your free trial will commence on the day on which we confirm that your free trial has commenced and will end after a pre-defined number of days thereafter. You may cancel your free trial at any time during the Offered Period in accordance with these terms.
3.4 During your free trial, you must comply with the use requirements set out in clause 6 of these terms.
3.5 At the end of the free trial, we will contact you by email and/or through our app to ask whether you would like to purchase one of our subscription plans. If you decide to do so, your subscription will be subject to the remaining provisions of these terms and conditions.
3.7 Any free trial we offer and that you accept may only be used once per household.
3.8 We reserve the right to withdraw or amend the terms of this free trial offer at any time without notice.
You may purchase our Services through our app or our site, or via your network provider or via another of our authorised partners. Acceptance of your order will take place when you receive an email and/or app notification from us at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this and will not charge you for the Services. This might be (but is not limited to) because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Services.
The Services will be made available to you as soon as we have accepted your order. The Services are provided on a subscription basis for monthly or yearly terms. Your subscription will automatically renew at the end of the relevant term for the duration of your most recent subscription term unless and until you cancel your subscription in accordance with these terms.
If our provision of the Services is delayed by an event outside our control then we will use reasonable endeavours to contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay where possible. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.
We may need certain information from you so that we can supply the Services to you. If so, this will have been stated in the description of the Services on our site or our app. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
We may have to suspend the provision of the Services to:
5.4.1 deal with technical problems or make minor technical changes;
5.4.2 update the Services to reflect changes in relevant laws and regulatory requirements; or
5.4.3 make changes to the Services as requested by you or notified by us to you (see clause 10).
5.5 Your rights if we suspend the provision of Services.
We will contact you in advance to tell you we will be suspending provision of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract for a Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours.
If you do not pay us for the Services when you are supposed to (see clause 4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend provision of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the provision of the Services. We will not suspend the Services where you dispute the unpaid invoice (see clause 11.6). As well as suspending the Services we can also charge you interest on your overdue payments (see clause 11.5).
6.1 In order to start using the Services, you will need to download our app onto your mobile device and the mobile device of each dependant whose mobile device you are seeking to monitor and manage through the use of the Services. You will need to create an account profile on each such mobile device. We will then link your account with the account(s) of each such dependant to enable you to start monitoring and managing their device(s).
6.2 When you link to the account of the dependant(s), we will collect personal information from each such account and device including a record of app, internet and device usage so that you may understand your dependant’s activities and so that we can better safeguard your dependant(s). We will require consent to collect and use this personal information, and further detail is provided in our Privacy Notice.
6.3 You acknowledge and agree that you have the authority to link your account to the account(s) of the dependant(s) and that you will not set up an account for any person in respect of whom you are not the legal guardian.
6.4 You agree that applicable laws (both national and international) may apply to the safeguarding and monitoring of the account(s) of your dependant(s) and that it is your sole responsibility to ensure compliance with any such laws and you understand and acknowledge that we expressly disclaim any duty or obligation to do so.
6.5 It is your responsibility to inform your dependant(s) of your registration with us, the fact that you have downloaded our app onto the mobile device(s) they may be using and the fact that their online usage may be safeguarded, tracked, analysed, potentially disabled, filtered and reported through your use of the Services.
6.6 We will safeguard, track and analyse your dependant(s)’s social networks, applications, messaging systems and mobile device usage and provide reports to you via our app itself, or via email, text or other means.
6.7 We may from time to time provide other risk, cyber safety and account-related notifications and alerts to you. These notifications may include advice and messages about your dependant(s)’s cyber activity. We may deliver these notifications to your computer or mobile device.
6.8 Account activity notifications may be customised, deactivated or reactivated by you. We may add new notifications from time to time, or cease to provide certain alerts at any time at our sole discretion. Each notification may have different options available, and you may be asked to select from among these options upon activation of your notifications service.
6.9 Account-related notifications may be sent to you following certain changes made to your account, such as a change in your account information. We may also send you notifications regarding updates and other relevant information based on your preferences and the operation of the Services.
6.10 Some electronic notifications may be personal to you and your dependant(s). They may be sent to your primary email address, mobile phone number or made available via our app. If your contact information changes, you are responsible for informing us of that change. Changes to your contact information will apply to all of your notifications.
6.11 Notifications are not encrypted and will never include your password. However, notifications may include personal information about you and your dependant. Anyone with access to your email, text messages and your apps will be able to view the content of these notifications and it is your responsibility to maintain the privacy of this information.
6.12 We do not review the account(s) of your dependant(s) for any purpose, including but not limited to your ownership and control of such account(s). We do not and cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any account activity, user data, communications or personalisation settings.
6.13 Our app provides optional features that enable you to configure the level and degree of analysing of the account(s) of your dependant(s), their computer/s and or other mobile devices. You are solely responsible for how such tools are configured and the data that is collected, stored and analysed by the Services which solely and automatically implement the configuration and instructions provided by you.
6.14 The analysis and notification of online usage provided by our app is automatically generated by our computer systems, and is not conditional on human observers of your dependant’s activities. Our systems are designed to automatically search for particular web sites, words, terms, images or other data, and provide notifications to you in accordance with selected preferences and options that are established when your account is registered or updated.
6.15.1 Our app and Services are designed to support, guide and help you to understand and manage your dependant’s online, app and mobile activities and, where possible, automatically identify and filter content and messages that may be determined as harmful to your dependant(s) or disruptive to their daily lives and commitments.
6.15.2 The ways in which you can use our app may also be controlled by the rules and policies of the app store from which you download our app and the relevant app store’s rules and policies will apply instead of these terms where there are differences between the two.
6.15.3 Our app is only supported by and available on Android and iOS devices of certain minimum specifications as set out in our FAQ. Please ensure that your device is compatible with and can properly receive our Services before you make any purchase.
6.15.4 In return for your agreeing to comply with these terms you may:
a) download a copy of our app onto your mobile device and the mobile device(s) of your dependant(s) and view, use and display our app and the Services on such devices for your personal purposes only;
b) use any related online or electronic documentation to support your permitted use of our app and the Service; and
c) receive and use any free supplementary software code or update of our app incorporating "patches" and corrections of errors as we may provide to you.
6.15.5 We are giving you personally the right to use our app and the Services as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer our app or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which our app is installed, you must remove our app from it.
6.15.6 From time to time we may automatically update our app and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update our app for these reasons. If you choose not to install such updates or if you opt-out of automatic updates you may not be able to continue using our app and the Services. Our app will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
6.15.7 From time to time we may automatically update our app and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update our app for these reasons. If you choose not to install such updates or if you opt-out of automatic updates you may not be able to continue using our app and the Services. Our app will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
6.15.8 By using our app or any of the Services, you agree to us collecting and using technical information about the devices you use our app on and related software, hardware and peripherals to improve our products and to provide any Services to you.
6.16.1 Subject to these terms, we grant you a non-exclusive, non-transferable right, without the right to grant sub-licences, to use the Services for the duration of your contract with us solely for the purposes of such contract.
6.16.2 In using the Services, you will:
a) comply with all applicable laws and regulations;
b) keep a secure password for your use of the Services and keep the password confidential; and
c) be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres, and for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
6.16.3 You will not:
a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means;
b) attempt to decompile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; or
c) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party (other than to any dependants).
6.16.4 You must:
a) not use our app or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into (independently of whether this is done with good intention or otherwise) or inserting malicious code, such as viruses, or harmful data, into our app, any Services or any operating system;
b) not infringe our intellectual property rights or those of any third party in relation to your use of our app or any Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our app or any Services;
d) not use our app or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
e) not collect or harvest any information or data from any Services or our systems or access a device that you are not responsible for or that is not under your control or attempt to decipher any transmissions to or from the servers running any Services.
6.16.5 You must use your best efforts to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify us.
7.1. The use of the Services is not intended to replace or substitute your legal and ethical responsibilities to protect the health and welfare of the dependant(s) of which you are a legal guardian. We are not responsible for any reliance or decisions made by you based on the information available to you through the Services.
7.2 If you have any concerns about the information contained in a notification relating to your dependant’s online activities or otherwise provided to you through the use of the Services, or if you detect or suspect criminal activity, or believe there is a risk of harm to any individual, you are solely responsible to report this to the police or other authority as appropriate.
7.3.2 are not and should not be presumed to be, a substitute for active involvement by you in your dependant’s online and offline lives, actions, behaviours and activities;
7.3.3 should not be relied upon to provide 100% safeguarding and online protection;
7.3.4 are not the only source of cyber safety advice and guidance available to you;
7.3.5 are not and should not be presumed to be the complete solution to safeguarding your dependant’s online activity or their activity on mobile devices;
7.3.6 are highly reliant on your efforts to ensure that all social network accounts, applications, mobile, and online devices used by your dependant(s) are set up on their accounts;
7.3.7 may not identify and filter all harmful content and that at times your dependant(s) may well see something online or on their mobile devices that they should not;
7.3.8 do not guarantee that all harmful or troubling trends or behaviour in your dependant’s social network, app, online and mobile usage may be detected and or blocked; and
7.3.9 do not guarantee that any actual or potential issues with the mental wellbeing and behavioural patterns of your dependant(s) have been accurately detected or reported.
7.4 Although we use our reasonable endeavours to make the Services available to you, use of the Services does not and cannot guarantee the safety of you and or your dependant(s) and we do not guarantee that by using the Services your dependant(s) will be safeguarded from harmful content and messages, suspicious and or malicious users, aggressors and other online predators or individuals with harmful or hurtful intent.
7.5 You accept and recognise that those that wish to harm, abuse or hurt your dependant(s) have become (and will continue to become) increasingly sophisticated in their tactics, use of technology, and efforts to mask their activities and defeat parental cyber safety efforts.
7.6 In light of these and other limitations, we strongly encourage you (beyond using the Services) to:
7.6.1 proactively engage with your dependant(s) on a regular basis and stay informed about both their online and offline activities by talking to other guardians and to teachers; and
7.6.2 set and adhere to guidelines, policies and boundaries for their use of social networks, applications, messaging systems and mobile devices and consider the use of ‘technology use agreements’ with your dependant(s).
If you wish to make a change to the Services you have ordered, for example to change your subscription plan, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
We may change the Services or any part of them:
10.1.1 to reflect changes in relevant laws and regulatory requirements; and
10.1.2 to implement minor technical adjustments and improvements, for example to address a security threat.
10.2 More significant changes to the Services and these terms.
In addition, we may make more significant changes to these terms or the Services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Services paid for but not received.
Our Services are offered on a subscription basis. The price payable for the Services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Services advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the Services you order.
If the rate of VAT changes between your order date and the date we provide the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
If you are purchasing the Services directly from us, we accept payment by credit or debit card, by electronic transfer or by any other method permitted by us from time to time. The first payment will be due when you place your order. Thereafter, payments will be due at the intervals specified in the subscription plan chosen by you. Your subscription will automatically renew at the end of your current subscription term for the duration of your most recent subscription term at the then current price rates unless and until you cancel your subscription in accordance with these terms.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England’s base lending rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
If you have any questions or complaints about the Services, please contact us. You can contact us by using our website or creating a support ticket on our site or our app.
If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Services. Except as expressly stated herein, these terms do not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services.
15.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send when using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive services which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and provided with reasonable skill and care.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our app and the Services are provided for general information and safeguarding purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from our app or the Services. Although we make reasonable efforts to update the information provided by our app and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We recommend that you back up any content and data used in connection with our app, to protect yourself in case of problems with our app or the Services.
Our app and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of our app and the Services (as described on the appstore or our site) meet your requirements.
16.8.1 Except as expressly and specifically provided in these terms:
a) you assume sole responsibility for results obtained from the use of the Services by you and for conclusions drawn from such use. We will have no liability for any damage caused by any actions taken by us at your instructions or direction;
b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these terms and our contract with you; and
c) the Services are provided to you on an "as is" basis.
16.8.2 We do not warrant that your use of the Services will be uninterrupted or error-free.
16.8.3 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
16.8.4 Our app uses data analytical systems to automatically detect and sometimes filter messages, images and content that are deemed harmful. These systems are not and cannot be 100% accurate and detection and filtering are based upon degrees of probability. We do not guarantee the accuracy of these systems and you accept that the Services may not always filter harmful content and may at times erroneously filter non-harmful content.
16.8.5 We do not and cannot guarantee that all activities conducted on dependant accounts will be safeguarded and or stored or recorded by the Services in every instance, and we cannot guarantee that notifications triggered by certain activities on dependent accounts will be delivered in any specified time period.
16.8.6 You accept that we:
a) may not have permitted access (from the suppliers of online applications and systems) or knowledge of every online social network, application, messaging system and device whether or not used by your dependant(s) who may also use social networks, applications, messaging systems and devices of others;
b) cannot guarantee that all of your dependant’s social network accounts, applications and messaging systems are being safeguarded, even if you believe that they are; and
c) may not have access to or be able to collect sufficient data or be able to pattern your dependant’s online behaviour and trends and that with limited data and patterns the Services may be or may become less accurate and may not therefore recognise, detect or filter harmful content.
If you want to end the contract at any time, just contact us to let us know. The contract will not end until the end of the period in respect of which your most recent payment has been made. For example, if you make monthly payments for our Services on the 1st day of each month and you wish to end the contract on 4 March, your contract will not end until 31 March.
If you are ending a contract for a reason set out at clause 17.3.1 to 17.3.5 below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
17.3.1 we have told you about an upcoming change to the Services or these terms with which you do not agree to (see clause 2);
17.3.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
17.3.3 there is a risk that provision of the Services may be significantly delayed because of events outside our control;
17.3.4 we have suspended provision of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or
17.3.5 you have a legal right to end the contract because of something we have done wrong.
17.4 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
If you are a consumer then for most products and/or services bought online you have a legal right to change your mind within 14 days and receive a refund.
Your right as a consumer to change your mind does not apply in respect of services, once these have been completed, even if the cancellation period is still running, or in respect of digital content after you have started to download or stream these.
If you are a consumer, you have 14 days after we email you to confirm we accept your order to change your mind. If you provide your consent to us providing the Services during the 14 day cancellation period, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
To end the contract with us, please let us know by using our website or creating a support ticket on our website or mobile application. Please include details of what you bought, when you ordered it and your name and email address.
If you are entitled to a refund under these terms we will refund you the price you paid for the Services by the method you used for payment. However, we may make deductions from the price, as described below.
If you are exercising your right to change your mind we may deduct from any refund an amount for the provision of the Services for the period for which they were provided, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been provided, in comparison with the full coverage of the contract.
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
19.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
19.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or
19.1.3 you are in material breach of any of the provisions of these terms and conditions, particularly clause 6.
If we end the contract in the situations set out in clause 19.1.1 we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 30 days in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.
20.1.1 any licence granted under these terms will terminate and you must stop all activities authorised by these terms, including your use of our app and the Services immediately; and
20.1.2 you must delete or remove our app from all devices in your possession and immediately destroy all copies of our app which you have.
20.2 On termination of the contract for any reason, any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination will not be affected or prejudiced.
20.3 Any provision of the contract that expressly or by implication are intended to come into or continue in force on or after termination of the contract will remain in full force and effect.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
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.
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. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.