Application Terms of Service

1. Who Commits to These Terms of Service?

1.1 3way Group, LLC, a Delaware limited liability company, having its registered address at 131 Continental Drive, Suite 305, Newark, DE 19713, United States and its email address for all notices at support@savemepanic.app.

1.2 And its affiliated or associated entities, wherever located globally, as applicable ("3way Group, LLC", "We", "Us" or "Our").

1.3 The Party utilising the Services and the "Save Me" mobile application ("Application"), being the end-user ("You/r" or "User"), whose address and email address appear on Your profile on the Application. These details will be used for purposes of these Terms of Service and receiving notices.

1.4 "Parties" means You and 3way Group, LLC, and "Party" means either of the Parties, as the context may indicate.

2. About 3way Group, LLC and the Application

2.1 3way Group, LLC has a product called "Save Me" which is a technology platform that enables a User to access the closest vetted private (or if necessary, public) security and medical response unit (as applicable) to their location, anywhere, anytime, using a connected device. 3way Group, LLC sells Save Me as an authorised reseller of the Aura emergency response network, which operates the underlying Responder dispatch services.

2.2 The Application provides a location-based software service which informs independent third-party emergency security or medical service providers ("Responders") of the location of an internet connected device, electronic or non-electronic, including a panic button remote ("Device").

2.3 The services offered to You through the Application are provided by 3way Group, LLC, who, following an activation of a distress signal by a User seeking a response service in an emergency ("Panic Activation"), dispatches a Responder to Your location (within the geographical areas covered by Us).

2.4 The emergency response services provided by 3way Group, LLC through its service provider network through the Application following a Panic Activation and other related services governed by the Terms is hereinafter referred to as the "Services".

2.5 3way Group, LLC agrees to provide the Services to You, subject to the terms and conditions in these Application terms of service ("Terms"), being the written agreement between the Parties. By downloading, displaying, signing up for and/or accessing the Application in any way You agree to be bound by the provisions of these Terms.

2.6 You acknowledge and agree that 3way Group, LLC may, from time to time, modify these Terms upon notice to You, it is Your responsibility to ensure continued acceptance of and familiarity with the provisions of these Terms.

3. License

We hereby grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to access and use the Application on Your Device/s for the sole purpose of the Services; and access and use any content, information and related materials that may be made available through the Application or the Services, in each case solely for Your personal, non-commercial use.

4. Subscription, Pricing and Billing

4.1 The Services commence on the date upon which You sign-up for access to "Save Me" and shall continue indefinitely, unless terminated in accordance with these Terms.

4.2 You may be charged for the Services through the Application or via our website checkout, upon providing Your consent. The price, currency (currently ZAR), billing interval, any introductory or trial offer, and the price that applies after any trial are shown to You on the checkout page before You confirm payment. By completing checkout You agree to those specific terms for Your subscription.

4.3 Dynamic and regional pricing. We operate multiple landing pages and may run pricing experiments. As a result, the price, billing interval, trial length, introductory price and discounts offered to You may differ from those offered to other users based on factors such as Your country, the landing page or campaign You arrived through, the date You subscribe, and any promotion or referral code applied. The price and terms displayed at Your checkout are the ones that apply to You, and we are not obliged to match prices offered on other landing pages, in other regions, or at other times.

4.4 Subscriptions, trials and renewals. Paid plans are subscriptions that renew automatically at the end of each billing period (for example monthly or annually) at the renewal price shown at checkout, until cancelled. Where a free or reduced-price trial or introductory period is offered, Your payment method will be charged the standard renewal price at the end of that period unless You cancel before it ends. The renewal price may be higher than any introductory or trial price and is disclosed to You before purchase.

4.5 Taxes and payment processing. Prices are shown inclusive of applicable VAT unless indicated otherwise at checkout. Payments are processed by our payment provider, Stripe Payments Europe, Ltd. You are responsible for keeping Your payment method valid and for any fees Your bank or card issuer may charge, including foreign exchange or cross-border fees. Your bank statement may show "3way Group, LLC" or "SAVE ME" as the billing descriptor.

4.6 Price changes. We may change subscription prices, plans, trial terms and promotional offers at any time. Changes to the price of an existing subscription will only take effect at the next renewal and we will give You reasonable notice before that renewal. If You do not agree to a price change, You may cancel before it takes effect.

4.7 Refunds. Refunds and cancellations are governed by our Refund and Cancellation Policy.

4.8 It is Your responsibility to ensure that You subscribe for the Services with the correct personal information ("Personal Information"), so that a Responder and/or 3way Group, LLC can, in the event of an emergency, use Your Personal Information to contact You.

5. Cancellation

You may cancel the Services at any time and without reason by following the relevant process in the Application. The cancellation shall be effective within 30 (thirty) days following the cancellation request.

6. Coverage

6.1 You acknowledge and agree that the Services may only be available in certain areas ("Coverage Area/s") including but not limited to: South Africa, Zambia, Namibia, Botswana, Lesotho, Eswatini, Kenya, the United Kingdom and Mexico. The Services may not be available, nor guaranteed, in out-of-coverage areas ("Out-of-Coverage Area/s").

6.2 In relation to Out-of-Coverage Areas, You acknowledge and agree that:

• 6.2.1 A response is not guaranteed; if 3way Group, LLC agrees to provide a Response, it may take longer than in a Coverage Area and no response time estimates can be guaranteed.
• 6.2.2 A Response may be provided by relevant local private or public security and/or medical providers.
• 6.2.3 Response times may vary. 3way Group, LLC may not be held liable for any delay in Response times. You hereby indemnify and hold Us harmless against any delay in any Response.

7. Your Application Account

7.1 In order to use the Application, You will need to download it and register an account by following the instructions on the Application.

7.2 You will be required to use your mobile number to register and You consent to receiving a One Time Pin ("OTP") for verification purposes.

7.3 You shall be responsible for any and all access to any of the Services available on the Application.

7.4 You agree to communicate with 3way Group, LLC telephonically, via WhatsApp, via e-mail and through a digital chatbot. You also agree to the use of geo-location and Emergency Location Services.

7.5 If 3way Group, LLC suspects fraudulent activity on Your account, 3way Group, LLC may deactivate Your account if necessary.

7.6 By accessing or making use of the Services, You undertake not to:

• Transmit any unlawful, harmful, fraudulent, offensive, or discriminatory information;
• Copy, republish, distribute, adapt, modify, decompile, reverse engineer, or attempt to derive the source code of the Application;
• Establish unauthorised hyperlinks, frames, or metatags to the Application;
• Engage in any activity that exploits or harms any person;
• Circumvent any access restrictions;
• Transmit viruses, trojan horses, worms, or other malicious software;
• Fail to comply with these Terms or any applicable laws;
• Impersonate any person or entity;
• Interfere with or disrupt the Services or connected networks.

7.7 If You wish to deactivate Your account, follow the Application prompts or processes in place.

7.8 If You breach these Terms, 3way Group, LLC may deactivate Your account and terminate access immediately, without prior notice.

7.9 Upon deactivation or termination, all rights granted to You under these Terms cease immediately.

8. Fair Usage

8.1 The provision of the Services is a labour-intensive process limited by the number of available Responders.

8.2 We may implement a fair usage policy with surcharges where You exceed Your Response Limit.

8.3 Each subscription is limited to 4 (four) standard Responses per calendar year ("Response Limit").

8.4 You agree to this fair usage policy and indemnify Us against any harm arising from 3way Group, LLC rejecting a Response in excess of the Response Limit.

8.5 3way Group, LLC has sourced a network of third-party Responders. Responders are not employees or agents of 3way Group, LLC and operate as independent contractors. We accept no liability from any act or omission of a Responder.

8.6 3way Group, LLC, its directors, employees, partners and financiers have no control over whether a Responder accepts a Panic Activation.

8.7 Where a Panic Activation includes emergency medical services, any invoice for consumables, patient transport, or medication shall be billed directly to the patient's medical scheme. 3way Group, LLC will not settle accounts for patients without medical aid cover.

9. Panic Button Remote

9.1 This clause applies once the Application specifies the panic button remote is activated.

9.2 Panic button remotes are manufactured by an independent third-party ("Panic Button Provider"). It is Your responsibility to obtain and familiarise yourself with the relevant warranty terms and user guide.

9.3 Contact the Panic Button Provider for technical support. A panic button remote may not send a Panic Activation in basements, underground areas, or areas covered by thick concrete.

9.4 Courier or delivery costs for the panic button remote will not be borne by 3way Group, LLC.

9.5 A panic button not under warranty or not functioning due to Your error must be repaired or replaced at Your own cost.

9.6 The panic button remote must be linked to Your profile through the Application. We will not receive activations from unlinked devices.

9.7 You may only link a maximum of 1 (one) panic button remote to Your profile.

9.8 3way Group, LLC shall not be responsible for any loss, death, injury, or damage arising from the use of the panic button remote.

10. Phone Call Modality

10.1 This clause applies when you activate a panic signal by directly phoning the emergency phone line.

10.2 The emergency line shall only be utilised by the main member and registered dependants.

10.3 3way Group, LLC shall not be liable for loss of signal, lack of airtime, phone credit, data availability, or any other reason inhibiting use of the emergency phone line.

10.4 3way Group, LLC will make reasonable efforts to determine your location in the absence of location information shared through the location request SMS.

10.5 3way Group, LLC shall not be held liable if the location request SMS is not sent or received.

10.6 The location request SMS is only applicable if contacting via a smart device with location services.

10.7 3way Group, LLC is not responsible for reimbursing charges incurred whilst using the emergency phone line.

10.8 3way Group, LLC shall use best endeavours to contact you if the telephone line drops, fades, or disconnects.

11. Intellectual Property

11.1 Using the Services does not give You ownership rights to any intellectual property in the Services.

11.2 All applicable laws protect the content of the Services and the Platform.

11.3 You agree not to:

• Use or register trademarks confusingly similar to 3way Group, LLC's trademarks;
• Impair, weaken, or damage 3way Group, LLC's Intellectual Property rights;
• Challenge 3way Group, LLC's Intellectual Property in any country;
• Make any unauthorised use of the Intellectual Property.

12. Personal Information

12.1 You consent to the processing of personal information in accordance with applicable data protection legislation, including the South African Protection of Personal Information Act, 2013, the Kenya Data Protection Act, 2019, and other applicable data protection legislation.

12.2 You acknowledge that for any special personal information (including minor's information) you have obtained the required consent.

12.3 You acknowledge that transfer of Personal Information outside of your jurisdiction is necessary for the performance of the Services.

12.4 You agree to maintain accurate, complete, and up-to-date information and to be bound by the Privacy Policy (available at /privacy).

12.5 We may use Your Personal Information in de-identified form for statistical, research, analytical and quality assurance purposes.

12.6 Where We have shared information with a third-party with Your consent, we do not accept responsibility for any harm caused by that third-party.

12.7 Your failure to maintain accurate profile information may result in losing access to the Services.

12.8 3way Group, LLC shall be entitled to establish the authenticity of any communication purporting to emanate from You.

12.9 All instructions and communications which purport to emanate from You shall be deemed provided by You in the form received by Us.

12.10 You indemnify and hold 3way Group, LLC harmless against all claims arising from 3way Group, LLC acting on instructions purporting to emanate from You.

13. System Availability

13.1 3way Group, LLC uses reasonable commercial endeavours to keep the Application available at all times. However, due to unforeseen circumstances including connectivity, server availability, software and hardware functionality, 3way Group, LLC shall not be liable for any unavailability or interruption.

13.2 Responders may use third-party software. 3way Group, LLC shall not be liable for errors or unavailability arising from third-party software.

14. Our Rights

14.1 You agree that:

• You will only use the Services in accordance with these Terms and applicable laws;
• If there is a conflict between versions of these Terms, the latest version prevails;
• No third party has obligations to provide maintenance or support.

14.2 3way Group, LLC reserves the right to make changes to the Application, its content and/or the Services at any time without notice.

14.3 Content display may differ depending on Your Device.

14.4 Transmission via the internet is susceptible to monitoring and interception. 3way Group, LLC shall not be liable for any loss resulting therefrom.

14.5 Software may be provided in beta format on an "as is" and "as available" basis.

14.6 Please report any bugs, glitches, or problems to 3way Group, LLC immediately.

14.7 Software may update automatically on Your Device when new versions are available.

15. Warranties

You represent and warrant that You:

• 15.1 Have full contractual capacity to form a binding contract;
• 15.2 Have read and understood these Terms before using the Services;
• 15.3 Are not barred from receiving the Services under applicable laws;
• 15.4 Are not listed on any government list of prohibited or restricted parties;
• 15.5 Have submitted true, accurate, current and complete information when registering.

16. Limitation of Liability

16.1 You make use of the Services at Your own risk. The Application and Services are provided "as is".

16.2 Your inability to use or navigate the Application is not Our responsibility.

16.3 We will not be liable for Responders' compliance with applicable laws, regulations, or licences.

16.4 3way Group, LLC shall have no liability for any compensation, loss, damage, cost, claim or penalty of whatsoever nature, including direct, indirect, special, and consequential damages.

16.5 3way Group, LLC does not warrant:

• The Application being free of malicious content or viruses;
• Services being available at all times;
• The Application being error-free or meeting particular criteria of accuracy;
• Actions or omissions in reliance upon Your information;
• Your failure to protect login credentials;
• Acts or omissions of third parties;
• Any advertising content or third-party products;
• Illness, injury, or condition from use of the Services;
• Any other matter relating to the Services.

16.6 3way Group, LLC is not liable for inadequate cell phone data, signal, battery, device malfunction, or difficulty using the Application.

16.7 Maximum cumulative liability shall not exceed ZAR 100,000.00 (one hundred thousand Rand).

17. Disputes

17.1 Should any dispute arise, the Parties shall endeavour to resolve it by negotiation within 10 business days.

17.2 If not resolved by negotiation within 10 business days, the dispute shall be submitted to arbitration before the Arbitration Foundation of Southern Africa ("AFSA").

17.3 Any negotiation or arbitration shall be conducted in English and in Johannesburg.

17.4 The Arbitrator shall be nominated by 3way Group, LLC based on the nature of the dispute.

17.5 These provisions:

• Constitute irrevocable consent to resolution by negotiation or arbitration;
• Are severable from the rest of these Terms;
• Shall not preclude any Party from seeking urgent or interim relief from any court.

18. Domicilium and Notices

18.1 Each Party chooses as its domicilium citandi et executandi the address set out in clause 1.

18.2 Any notice delivered by hand shall be deemed received on the first business day following delivery.

18.3 Any notice shall be valid and effective only if in writing.

18.4 Communication may be made by electronic mail or other electronic means and shall be deemed received on the first business day after transmission.

18.5 Any notice must be in English. Non-English documents must be accompanied by a certified English translation.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

20. General

20.1 We reserve the right to change these Terms from time to time. Your continued use of the Application following changes constitutes acceptance of the revised Terms.

20.2 We may post guidelines or rules applicable to the Services, which are incorporated by reference into these Terms.

20.3 No extension of time or waiver shall operate as an estoppel against a Party.

20.4 No failure to enforce any provision constitutes a waiver of such provision.

20.5 If any provision becomes invalid or unenforceable, the remaining provisions shall continue in full force and effect.