SafeNotSafe App Terms and Conditions

1. Acceptance of Terms

By installing, accessing, or using the SafeNotSafe application ("App") provided by Breathetreely Ltd ("us," "we," or "our"), you agree to these Terms and Conditions ("Terms") and our Privacy Policy. If you disagree with any part of these Terms, you must cease using the App immediately.

2. User Eligibility

You must be at least 16 years old to use this App. The App is not intended for users under 16.

3. Service Description

SafeNotSafe provides a safety check-in service primarily for hikers or outdoor users. It enables users to send their location via SMS to nominated Emergency Contacts and share their location in emergency scenarios through the SafetyNet™ feature.

4. SafetyNet™ Feature

SafetyNet™ is an optional service:

• By default, users are opted-in but can opt-out entirely or partially (no participation, no location sharing, or both).
• When a user indicates they are "Not Safe," their location is shared with nearby opted-in and vetted SafeNotSafe users.
• Users who explicitly opt-in to sharing with emergency services consent to having their location data provided to relevant third-party authorities in emergency scenarios.

5. Emergency Contacts

By adding an Emergency Contact, you confirm that you have their consent to be included. SafeNotSafe will notify each Emergency Contact of their inclusion and provide them with the ability to opt out at any time.

6. Limitations of Liability

We offer no guarantees about service reliability. SMS messages may fail to deliver due to carrier filtering, satellite or cellular network availability, or device issues. We expressly disclaim liability for:

• Failed or delayed SMS delivery
• GPS inaccuracies
• Third-party services including Mapbox, Clicksend, AWS, Google Workspace, and PowerBI
• Any outcomes arising from reliance on this App in emergency situations
• Outcomes related to the "Not Safe" status notifications, as these are the sole responsibility of the user and their Emergency Contacts

The service is provided "as is," and users must always employ traditional safety measures.

7. User Responsibilities

• Users must ensure their devices are compatible and operational.
• Users are responsible for accurate input and updating of Emergency Contact details.
• Users must not misuse the App to send false alarms or misleading information.

8. Fair Use Policy

We reserve the right to throttle or suspend your access to the service if we detect excessive or wasteful check-ins, or any usage not aligned with the intended purpose of the App.

9. SMS Messaging

You agree that the App may generate and send SMS/Text messages from your device to SafeNotSafe servers and your nominated Emergency Contacts on your behalf. You also consent to receiving SMS/Text messages from SafeNotSafe regarding your excursions and status. While most messages are free, your carrier may charge you standard SMS fees depending on your location and carrier plan. SafeNotSafe is not responsible for such charges, or for SMS delivery failures caused by carriers.

10. Data and Privacy

Our Privacy Policy explains data collection, storage, retention, and user rights under GDPR and applicable privacy laws.

11. Jurisdictional Restrictions

Due to stringent data regulations, SafeNotSafe currently advises against use in China, Russia, India, UAE, and Saudi Arabia unless explicitly authorized.

12. Changes to Terms

We may update these Terms periodically. Users will be notified of significant changes within the App.

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SafeNotSafe App Privacy Policy

1. Data We Collect

• User identification details: name, phone, email (optional), and country
• Emergency Contact details: name, phone, email
• Location data during user-initiated check-ins
• Device information, including device type, app version, battery level, and GPS signal strength
• Messaging data: records of SMS messages sent and received for check-in and SafetyNet™ purposes

2. Purpose of Data Collection

• Facilitate safety check-ins
• Operate and improve SafetyNet™
• Ensure reliable emergency communication and rescue coordination
• Improve App functionality and service delivery
• Provide proof of user consent for SMS messaging in line with carrier and regulatory compliance

3. Third-party Services

We share limited user data with:

• AWS: data hosting and storage
• TNZ: SMS delivery services
• Twilio: SMS and email Services
• Google Workspace: email communication and user support
• PowerBI: analytics and service improvement
• Mapbox: mapping services

4. Data Sharing – SafetyNet™

• Location data shared during "Not Safe" check-ins with nearby vetted and opted-in users
• Optionally, location data may be shared with emergency services if explicitly consented by the user

5. Data Retention

‍We retain user data for 5 years after inactivity or immediately upon request for deletion. Users can request data access, correction, or deletion under GDPR rights by contacting privacy@breathetreely.com.

6. Consent

• Users consent explicitly upon first App launch, including to sending and receiving SMS messages.
• Emergency Contacts receive explicit notification and consent opportunity upon initial inclusion.
• Both users and Emergency Contacts may withdraw consent at any time.

7. Minors

The App is not intended for users under 16.

8. International Data Transfers

Data is stored securely with AWS in jurisdictions compliant with GDPR standards. Transfers comply with GDPR and other international privacy standards.

9. Security Measures

We implement robust security measures, including data encryption and secure access controls, to protect your personal information.

10. Jurisdictional Advisory

Users outside of New Zealand should be aware that using the App means data is transferred internationally, primarily stored in GDPR-compliant AWS regions.