A. TERMS AND CONDITIONS FOR SUPPLY OF SAFETY MODE APP AND “M1” SMARTPHONE

End User Licence Agreement 

Please read these App Terms carefully before continuing.

By purchasing/downloading and using the Smartphone and App, you agree to these Terms.  If you do not agree then you must not use the Smartphone/App.

IMPORTANT Child Safety Notice

Safety Mode/M1 are designed for children aged 8–13, with oversight and consent from a parent or legal guardian. As such, we comply with all applicable legislation and guidance relating to the protection of children’s data and safety online, including but not limited to (where applicable) the Age Appropriate Design Code (Children’s Code), the UK GDPR and Data Protection Act 2018, and any other relevant regulations. If there is any inconsistency between these Terms and your statutory rights under the Children’s Code or other applicable law, your statutory rights shall prevail. 

Child safety features include (where applicable): [Content filters to detect and block harmful content, anti-addiction UI, blacklisted websites, remote configuration and other privacy controls. ] and have been developed to safeguard children’s privacy and well-being. All features, security settings, and information practices comply with the Children’s Code and other applicable child protection regulations.

Safety Mode/M1 are designed and operated with the best interests of child users as a primary consideration, in line with the Children’s Code and other applicable legislation. We have taken all reasonable steps to ensure that Safety Mode/M1’s features are age-appropriate and minimise the risk of harm to children.  Safety Mode/M1 do not use design features intended to encourage children to change privacy settings, share personal information unnecessarily, or remain online for longer than necessary. 

If you (whether child, parent or guardian) have any concerns about the safety or wellbeing of any User, suspect misuse, or wish to report inappropriate content or behaviour, you must promptly contact us at support@safetymode.com. We handle safeguarding matters in line with our internal child protection procedures and may, where appropriate, refer concerns to the proper authorities.

We require a parent or legal guardian to consent to use, and you must not use Safety Mode/M1 if you are under 13 unless such consent has been given. We require parental verification or authorisation at account set-up or use. Where a User is under 13, the parent or legal guardian must review and consent to these Terms and to the use of Safety Mode/M1 on behalf of the child.

Changes to these Terms

We may update these Terms and/or make changes to the App and the Services at any time. By using any updated version of the App which we might make available, or continuing to use the App and the Services after we make changes to these Terms, you accept that the modified Terms apply to this agreement and to the App and Services. 

Where we make changes which in our reasonable determination are likely to materially disadvantage you, we will notify you of such changes at least 30 days in advance of such proposed changes taking place.  Where we have provided you with notice of any changes which may be disadvantageous to you, you are free to stop using the App and Service at any time, but if you carry on using the App and Services after any variation or change commences, you will be deemed to have accepted the changes.

• Definitions

The definitions and rules of interpretation in this clause apply in this agreement:

• Apps: "Safety Mode", the mobile application software and any updates or supplements to it supplied by the Supplier.

• agreement: your agreement with us, subject to these Terms.

• Charges: the monthly subscription charges for use of the Smartphone and access to and use of the [premium version of the] App, as stated in the Price Guide.

• Derived Data: means any data which is derived from any Users’ use of the Services, which shall include: (i) any data which is processed and stored as mathematical constructs, (ii) statistical or aggregated data, and (iii) any other analytical and marketing data such as number and duration of user sessions and page visits, and technical reports on Software performance but does not include any personal data, as such is defined under UK GDPR.

• Documentation: means those printed or online instructions, manuals, screens and diagrams or the Price Guide distributed or otherwise provided by the Supplier that pertain to the Software or use of the Service.

• Improvements: means any: (i) information communicated by Users to the Supplier regarding any new features, functionality, performance, feedback, comments and anything analogous to the same in relation to the Software, and (ii) adaptations, modifications, improvements, enhancements, revisions or interface elements and anything analogous to the same in relation to the Software in any form or medium whatsoever.

• Intellectual Property Rights: means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist, now or in the future, in any part of the world.

• Plan: means the subscription plan selected from the Price Guide and agreed in writing with the Supplier covering the duration of the subscription period, relevant Charges and any applicable Services.

• Price Guide: means the information setting out subscription details such as fees and features of the App and Services (and costs for different subscription plans if and when more than one plan is made available at any time by Supplier.)

• Service/Services: means the supply of a Smartphone and access to the Software whether delivered via an App or Website.

• Smartphone: means the mobile device known as “M1” which is used to access the Service(s) and Software and which may or may not contain a third-party network provider SIM card.

• Software: means the software which runs on the User’s Smartphone to provide the features described on the Website, including the App.

• User Content: means any and all User materials, content, and data including text, imagery, videos and/or other files entered, uploaded or submitted to the Services directly or indirectly via any third-party application, excluding Derived Data.

• We, us, our, or Supplier: means Cando Projects Limited (Company No. 07692419), registered at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX, and its appointed distributors. 

• Website: any Supplier-operated website through which the App and/or the Service is delivered to you.

• you or your, User: means you, the customer and any user of the App and Services.

• Supply and Licence

• Subject to the terms and conditions of this agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the App and the Services, for the duration of the Plan, subject to termination in accordance with clause 9 below.

• Licence Restrictions and Acceptable Use

• You must not:

• Reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form any part of the App or Services (except as permitted by non-excludable law).

• Copy the Software or Services, except as part of the normal use of the App or Services or where it is necessary for the purpose of back-up or operational security.

• Translate, merge, adapt, vary, alter or modify, the whole or any part of the App 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.

• Sell, transfer, rent, sub-license or distribute the App or the Services.

• Use the App or the Services to store or transmit unlawful material or malware.

• Access the App or Services for the purpose of monitoring their availability, performance or functionality or for any other competitive or benchmarking purposes.

• Use the App or the Services for any purpose prohibited by law, especially laws protecting children or in violation of any applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

• Use the App or the Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws.

• Use the App or any Service 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 (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.

• The App and Services are provided for personal, non-commercial use only. You must not resell or commercially exploit the Software or the Services or any content available within it.

• Privacy

• Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in [LINK TO PRIVACY NOTICE] and it is important that you read that information.

• We only collect personal data from child users that is necessary to provide the core functionality of the App and the Services. We do not use children’s data for profiling, behavioural advertising, or unnecessary analytics. All child accounts on the App are set with high privacy as the default. We restrict public sharing of content, limit the collection and use of personal data, and do not enable friends, contacts, or messaging with non-approved users by default.

• The App does not collect or share precise location data from child users unless it is essential for core safety features and we have received explicit parental or guardian consent. Any location feature will be clearly indicated and can be managed or disabled by the parent or guardian.

• Supplier’s Obligations

• We will provide the App and the Services on the terms set out in this agreement and in accordance with any Documentation.

• You acknowledge and agree that the App and the Services will evolve over time and that any and all functionality may be added and removed from time to time. 

• User Responsibilities

• You are responsible for providing compatible hardware and internet access to use the App and the Services.

• You must comply with all applicable laws and regulations in the exercise of your rights and the performance of your obligations pursuant to this agreement. You shall cooperate with the Supplier and follow the Supplier’s reasonable instructions to ensure the proper use and security of the Services. 

• You must pay all applicable Charges as set out in your Plan for the use of the App and the Services.

• If you download or stream the App onto any smartphone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the smartphone or other device.

• We are giving you personally the right to use the App and the Services as set out above. You may not otherwise transfer the App or the Services 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.

• 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.

• Liability

• Except as expressly stated, the App and the Services are provided to you “as is”, and any use by you of the App and the Services will be at your sole risk. The Supplier makes no warranties relating to the App or the Services and expressly disclaims all warranties, express or implied, including without limitation those of merchantability, or fitness for a particular purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

• The Supplier does not warrant that your use of the App and the Services will be uninterrupted or error-free; or that the App and the Services and/or the information or services obtained by you through either will meet your requirements. The Supplier is 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 App and the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

• Neither party limits its liability (if any) to the other for: personal injury or death resulting from negligence; fraud; or any matter for which it would be unlawful to exclude liability, including for the avoidance of doubt any liability under legislation to protect consumers.

• ‍Subject to clause 7.3, the Supplier’s total aggregate liability to you (whether in contract, tort including negligence, or otherwise) for any loss or damage arising from this agreement shall be limited to the greater of £500 or the total Charges paid by you under the Plan in the 12 months preceding the claim. This limit does not apply to losses we could reasonably foresee or to your statutory rights under consumer law.

• ‍Save for any claim brought under clause 7.3, and to the extent permitted under applicable laws, we are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of the App or the Services. We are not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement.

• Intellectual Property

• All Intellectual Property Rights in the Software, Documentation and the Services throughout the world belong to the Supplier or its licensors and the rights in the App and the Servies 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. For the avoidance of doubt, any Improvements made to the Software, whether through your feedback or by any other means, shall be the sole and exclusive property of the Supplier. Any Improvements shall be free from any confidentiality restrictions that might otherwise be imposed upon the Supplier.

• The Supplier makes no representation or warranty as to the validity or enforceability of the Intellectual Property Rights in the Software or the Services.

• The Supplier makes no claim of any Intellectual Property Rights in and to the User Content. By uploading any User Content to the App or the Services or displaying any content through the App or the Services, you grant to and/or agree that the Supplier has a non-exclusive, worldwide, royalty free, sub-licensable licence to reproduce, modify, adapt, copy and publish such content, solely for the purpose of fulfilling its obligations contained within this agreement and/or to the extent required for proper function and use of the App and the Services.

• You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the User Content. The Supplier may use the User Content to improve the performance and functionality of the Software and Services or to develop improvements, updates, upgrades, modifications and derivative works thereof. The Supplier shall own all rights, title and interest in and to all of the Derived Data.

• You acknowledge that the Supplier has no control over User Content uploaded to or displayed on the App by you or any other user of the App or Services and does not purport to monitor the content of the same (save as expressly agreed in line with the App’s functionality). The Supplier reserves the right to remove content from the App and Services where it reasonably suspects such content is in breach of this agreement or for reasonable cause.

• You will have sole responsibility for User Content displayed on or uploaded to the App or Services and shall ensure you have all rights necessary to display such data or content via the App or Services. You will indemnify and hold harmless the Supplier from and against all losses, damages, liabilities and claims, arising from or in relation to any third-party claims that the processing and use of the User Content in accordance with this agreement infringes or misappropriates any third-party rights.

• Supply of Smartphone

9.1 The Smartphone is included in the Charges. However, you acknowledge that the Smartphone is not manufactured by the Supplier, but by a third-party (“Device Supplier”). We then provide the Smartphone to you as part of the Services to enable use of the Apps and other Services. Accordingly, while we will use reasonable endeavours to rectify any defects experienced with the Smartphone, you acknowledge that our ability to rectify any such defects is dependent on the Device Supplier repairing the defects experienced by you. You agree to us providing relevant information relating to your use of the Smartphone to the Device Supplier where reasonably necessary to fulfil our obligations to you, pursuant to this agreement.

9.2 You are responsible for ensuring the Smartphone complies with the relevant specifications provided by any third-party which is necessary for the operation of third-party applications or software that you choose to install on the Smartphone. In addition, you are responsible for compliance with the requirements of your mobile service provider and any applicable terms and conditions of such mobile service provider. The Supplier shall not at any time be responsible for providing a SIM card for the Smartphone, neither is the Supplier a network provider of cellular telephone services however we may partner with mobile service providers from time to time. 

9.3 You shall pay all Charges incurred in your use of the Services, including the charges of your mobile service provider (which may or may not be bundled together with the Services).  You acknowledge that if you use your Smartphone to buy goods and services from third-parties, you are responsible for paying any bills which the third-party may send to you.

9.4 If the Smartphone is defective, the Supplier shall give you the benefit of any warranties given by the Device Supplier for the repair or replacement of the Smartphone. However you acknowledge that you not entitled to any remedies for the Smartphone which are not provided directly by the Device Supplier. You may at any time request written details of the warranty and guarantees offered by the Device Supplier for your Smartphone. For any defects experienced with the Smartphone please email [insert].

9.5 The Smartphone shall be yours to keep on any termination or expiry of the agreement and unless in the event of a recall by the Device Supplier or non-payment of Charges by you, the Supplier shall not require that you return the Smartphone.

• Suspension and Termination

10.1 This agreement, including all access to the App and the Services, may be terminated immediately by the Supplier without notice at any time and without cause. If we terminate this agreement without cause, any Charges paid in advance (if applicable) for Services not received shall be refunded to you. If we end the agreement due to your conduct, then all Charges remaining on your account on termination will be forfeited.

10.2 Without prejudice to any other rights or remedies hereunder to which the Supplier may be entitled, if the Supplier knows or has reasonable grounds to suspect that you are acting in breach of your obligations under this agreement (including failure to pay the Charges where applicable), the Supplier may suspend your access to the App and the Services until such breach can be remedied or until the Supplier is satisfied, acting reasonably, that its suspicions are unfounded. In addition, the Supplier may suspend the App and the Services without notice if it reasonably believes that:

• The App and/or the Services are being used in a manner that puts a child at risk, breaches applicable child safety or online safeguarding laws or codes (including but not limited to, the Children’s Code) or causes potential harm to children or other Users.

• You have provided false or misleading information to obtain access and use of the App and the Services. 

• Your continued use poses a legal, reputational, or regulatory risk to the Supplier or its Users.

10.3 You may end this agreement by stopping your use of the App and the Services at any time. If applicable, you will need to cancel the Plan at least 24 hours before your billing date to ensure payment of Charges for your Plan are not taken for the following month. [When you end this agreement you will also automatically end your agreement with your mobile service provider where bundled together as part of the Services and the two agreements will end at the same time.]

10.4 [If you choose to end this agreement for any reason other than a breach by the Supplier or a material change we make (as notified under this agreement), you may be required to pay an early termination fee. This fee will be calculated as our reasonable and foreseeable losses directly resulting from the early termination, such as unrecovered smartphone costs, customer acquisition expenses (e.g., marketing and onboarding costs, prorated over the remaining term), administrative fees, and any unavoidable ongoing commitments to third-party partners like our telecoms provider (e.g., monthly service fees we must pay on your behalf). The fee will be capped at the remaining Charges for the first 24 months of the Plan, minus any savings we make from not providing the service (e.g., avoided future costs). We will provide a detailed breakdown of the fee upon request, including how it was calculated to ensure proportionality, and it will decrease over time as your contract progresses to reflect recovered costs.]

10.5 Immediately following the termination or expiration of this agreement, you will cease your use of the App and the Services and the Supplier may remove access to the same. All licences granted by the Supplier under this agreement shall immediately lapse and expire on termination of this agreement and you will have no further rights to use, utilise or otherwise deal with the Software and the Services in any way.

10.6 Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.

10.7 Any clauses which by operation or any other terms which the parties intend to survive termination, shall survive termination of this agreement.

• Miscellaneous

11.1 Neither party may assign or otherwise transfer any rights or obligations under this agreement except with the prior written consent of the other party, and any such prohibited assignment shall be void.

11.2 Neither party will be liable for any delay in performing its obligations under the agreement if that delay is caused by an event beyond its reasonable control and the party affected will be entitled to a reasonable extension of time for the performance of its obligations.

11.3 No failure or delay by a party to exercise any right or remedy provided under the agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

11.4 All notices to be given under this agreement must be in writing (which shall include email) and sent to (in the case of the Supplier) the Supplier’s registered office or (in the case of you) to the address connected with your account with the Supplier, or any other address which the recipient may tell the other in writing.

11.5 This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and shall supersede all previous representations, agreements and other communications between the parties, both oral and written. The parties do not seek to avoid liability for fraudulent misrepresentation.

11.6 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.

11.7 If any provision of this agreement is adjudged by a court of competent jurisdiction to be invalid, void, or unenforceable, the parties agree that the remaining provisions of this agreement shall not be affected thereby, and that the remainder of this agreement shall remain valid and enforceable.

11.8 These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

FOR MORE INFORMATION: 

If you have any questions or comments about these Terms please contact us at: [insert email]