We SecurityHQ grant a limited license you to download, install and use on a single mobile device owned or otherwise controlled by you (“Mobile Device“) the:
- SecurityHQ Response v1.1.0 mobile application software, the data supplied with the software, (“App“) and any updates or supplements to it;
- the related electronic documentation (“Documentation“); and
- the service you connect to via the App and the content we provide to you through it (Service),
as permitted in these terms.
- APPSTORE TERMS AND CONDITIONS
The ways in which you can use the App and Documentation may also be controlled by the rules and policies set out by Google Play Store for Android and the Apple App Store for iOS which are available at https://policies.google.com/privacy and https://www.apple.com/uk/legal/privacy/ respectively.
- OPERATING SYSTEM REQUIREMENTS
This App requires a Mobile Device with a minimum of 4GB of memory and the Android Oreo or iOS version 12.5.1 or higher.
- SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://www.securityhq.com/.
Contacting us (including with complaints). If you have any technical problems with the App or the Services or you wish to contact us for any other reason please email our customer service team at [email protected] or call them on +44 20332 70699.
How we will communicate with you. If we have to contact you in relation to any of the above, you agree for us to do so by email or by SMS using the contact details you have provided to us.
- AUTHORISED USERS
When you download, stream or otherwise use the App, we presume that you are authorised to use the App and Services. Authorisation may only be granted by the Organisation that is being accessed via the SecurityHQ Response App and SecurityHQ take no responsibility for granting such authorisation. If you are not authorised to use the App then please immediately stop using the App, the Documentation and Service and delete it from your Mobile Device.
If we discover that you are not authorised to use the App and Services, or you have breached these terms, then without prejudice to our other rights, we may promptly disable your access to the App, the Documentation and the Service and notify you of this.
If you are authorised to use this App, Services and Documentation, or we end your rights to use the App, Services and the Documentation:
- you must stop all activities authorised by these terms, including your use of the App and any Services;
- you must delete or remove the App from the Mobile Device and all other devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
- we reserve the right to remotely access your Mobile Device and other devices and remove the App from them and cease providing you with access to the Services.
- HOW YOU MAY USE THE APP
In return for your agreeing to comply with these terms, you may:
- download the App onto your Mobile Device and view, use and display the App and the Service on such devices for your business and/or enterprise purposes only;
- use any Documentation to support your permitted use of the App and the Service; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
- YOU MUST BE 18 TO ACCEPT THESE TERMS AND BUY THE APP
You must be 18 or over to accept these terms and buy the App.
- CHANGES TO THESE TERMS
We reserve the right to change and/or amend the terms to reflect changes in law or best practice or to deal with additional features, which we introduce.
We may give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes, you will not be permitted to continue to use the App and the Service.
- UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Updates may modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality.
Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either: (a) the App will automatically download and install all available updates; or (b) you may receive notice of or be prompted to download and install available updates. You shall promptly download and install all updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so.
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 App and the Services.
- IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any mobile phone or other device not owned by you, including your work phone or any other device provided to you by your company or your employer, you hereby agree and acknowledge that:
- you have received the owner’s prior authorisation to do so, where this mobile phone or device is for personal
- you have received your company’s or employer’s prior authorisation to do so, where this mobile phone or device is for professional or business use.
You will be responsible for complying with these terms, whether or not you own the phone or other device.
In addition to the restrictions set out in the End User Agreement (which is available on our website), you agree that you will:
- not copy the App, Documentation or Services, including taking screenshots or pictures, except as expressly permitted by this license;
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
You must not:
- use the App or any Service 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 or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service; and
- use the App for any illegal, improper, obscene or defamatory purposes or any purpose which is prohibited by law.
- All content on the App is considered to be private and confidential, any redistribution or sharing of any content will make you liable for legal claims against you from the data owner, which is normally your employer or the organisation which you may be representing with your use of the SecurityHQ Response App.
Warranties and Disclaimer
The application is provided to you “as is” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to this App, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the App will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, hardware or services, operate without interruption, or be free of errors or harmful codes, or that any errors, defects or harmful codes can or will be corrected.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
- DATA COLLECTION & PROTECTION POLICY
By using the App or the Service, you consent to us and our affiliates’ collection, maintenance, retention, processing and use of your data and the technical information from your Mobile Device you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you.
- WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any 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.
- INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
Limitation of Liability
This clause is in addition to our limitation of liability set out in our End User Agreement (https://www.securityhq.com/privacy-policy/), which is available on the App and website.
When we are not liable for damage to your property. We will not be liable for damage to your Mobile Device or property as a result of using our App or Service which you could have avoided by following our advice to apply an update offered to you or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are responsible to you for foreseeable loss and damage caused by us. 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 these terms 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 you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for indirect, special or consequential loss. The App is provided on an “as is” basis and is for private use only. If you use the App for any commercial, business or resale purpose we will have no liability to you for any direct, indirect or consequential losses, including loss of profit, loss of business, loss of data, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment 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 the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
- OUR RIGHT TO TRANSFER
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.
- YOUR RIGHT TO TRANSFER
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
- NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
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.
- EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. 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.
- GOVERNING LAW
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.