1. Scope of Services

The Application provides emergency management information, tools, and resources.

The Application is a support tool only. It does not replace emergency services (call 000), on-site emergency systems (alarms/EWIS, fire indicator panels, PA systems), your site Emergency Plan, warden instructions, or mandatory workplace procedures.

Emergency use: If there is immediate danger, call 000 first and follow on-site instructions. Do not delay evacuation or emergency response to use the Application.

No guarantee of delivery or accuracy: Alerts, tasks, checklists, location features, messages, and notifications may be delayed, unavailable, incomplete, or inaccurate due to device settings, battery/power loss, network conditions, OS restrictions, permissions, third-party outages, or user error.

The Application may be used for real incidents, training, drills, and simulations. You are responsible for ensuring its use complies with your organisation’s policies and applicable laws/standards.

The Application is intended for informational purposes only and should not be relied upon as a substitute for professional advice/instruction, physical systems at your location and/or your common sense in any given situation. The decisions made during any situation; emergency, simulation or other, are the sole responsibility of each individual user.

2. User Responsibilities

You must provide accurate and complete information during registration.

You are responsible for maintaining the confidentiality of your login credentials.

You agree not to use the Application for any unlawful or unauthorised purposes.

You are solely responsible for any consequences arising from your use of the Application.

You must only use the Application if you are authorised to do so by the relevant organisation/site (where applicable), and you must not impersonate wardens, emergency personnel, administrators, or other users.

You must keep your device reasonably secure (e.g., passcode/biometrics) and promptly notify us if you suspect unauthorised access to your account.

You must not misuse the Application in ways that could endanger people, including by sending false alarms, deliberately misleading incident information, interfering with response workflows, or obstructing communications.

You must not reverse engineer, decompile, probe, scan, or test the vulnerability of the Application (except where permitted by law), or attempt to bypass security/access controls.

You must not use the Application while driving or operating machinery if it would distract you or breach road/workplace safety requirements.

3. Privacy

The Application may collect and use personal information as described in the Privacy Policy.

By using the Application, you consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Policy.

Your use of the Application may involve processing of workplace-related data (e.g., incident reports, hazard reports, photos, videos, voice notes, location, timestamps, training records). You must ensure you have the necessary rights/authority to provide that data to us.

Account deletion: You can request deletion of your account and associated personal information via the in-app deletion flow (where available) or via our account deletion channel described in the Privacy Policy / support page. We may retain limited information where required by law, for safety, dispute resolution, fraud prevention, or legitimate business purposes, as described in our Privacy Policy.

4. Intellectual Property

The Application and all related content, including but not limited to text, graphics, images, logos, user interface interconnectedness, tools, and software, are the property of the Application developer or its licensors and are protected by intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works of the Application without prior written permission from the Application developer.

Licence to you: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to download and use the Application for your internal business or personal use (as applicable) on devices you own or control.

Your content: You retain ownership of the content you submit to the Application (e.g., incident/hazard reports, text, images, video, voice). You grant us a worldwide, royalty-free licence to host, store, process, transmit, display, and otherwise use that content solely to operate, provide, secure, maintain, and improve the Application and to comply with law.

Feedback: If you provide suggestions or feedback, you grant us the right to use it without restriction or compensation.

5. Updates and Maintenance

The Application developer may release updates, upgrades, or bug fixes to improve functionality or address security concerns.

The developer is not responsible for any loss of data or functionality resulting from updates or maintenance.

We may change, suspend, or discontinue any part of the Application (including features) at any time. Where reasonably practicable, we will provide notice of material service changes.

You are responsible for maintaining your own backups/records where legally or operationally required (e.g., exporting reports, training records, registers), noting that some records may be controlled by your organisation administrator.

6. Limitation of Liability

The Application is provided “as is” without warranties of any kind, either expressed or implied.

The developer is not liable for any damages, direct or indirect, arising from your use of the Application or any content accessed through it.

Australia / Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law (ACL) or other applicable law that cannot be excluded.

To the maximum extent permitted by law (and subject to the ACL), we exclude liability for indirect, incidental, special, consequential, or exemplary loss, including loss of profit, loss of revenue, loss of data, business interruption, or reputational loss.

Where our liability cannot be excluded, it is limited (at our option) to resupplying the services or paying the cost of resupplying the services, to the extent permitted by law.

You acknowledge that emergency response outcomes depend on many factors outside our control (including user actions, site conditions, third-party systems, network availability), and you accept the Application’s limitations as described in these Terms.

7. Indemnification

You agree to indemnify and hold harmless the Application developer, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, expenses, or costs arising from your use of the Application or violation of these Terms.

This indemnity applies only to the extent a claim arises from your unlawful use of the Application, your breach of these Terms, or your infringement of third-party rights, and does not apply to the extent the claim is caused by our negligence, breach of law, or misconduct.

8. Termination

The Application developer may suspend or terminate your access to the Application at any time without notice or liability if you breach these Terms.

We may suspend or terminate access where we reasonably believe you have breached these Terms, created a security risk, misused emergency features, or where required to comply with law. Where reasonably practicable, we will provide notice and (if appropriate) an opportunity to remedy.

Upon termination, your licence to use the Application ends, and you must stop using it. Some provisions (including IP, liability, indemnity, and governing law) continue to apply.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which the Application is downloaded and used.

These Terms are governed by the laws of Western Australia, Australia, and you submit to the non-exclusive jurisdiction of the courts of Western Australia. Nothing in these Terms limits mandatory consumer protections that apply in your jurisdiction.

10. Modifications

The Application developer reserves the right to modify or update these Terms at any time without prior notice. Any changes will be effective upon posting the revised Terms within the Application.

If we make material changes, we will take reasonable steps to notify you (e.g., in-app notice or email). Continued use after the effective date means you accept the updated Terms. If you do not agree, you must stop using the Application and may request account deletion (where applicable).

11. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. Entire Agreement

These Terms constitute the entire agreement between you and the Application developer regarding your use of the Application and supersede any prior agreements or understandings.

By using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms and any applicable laws or regulations. If you do not agree with any part of these Terms, you should not use the Application.

13. Fees, Subscriptions, and Purchases (if applicable)

If the Application offers paid features, subscriptions, or in-app purchases, prices and billing terms will be shown at the point of purchase.

Platform billing: If you purchase via Apple App Store or Google Play, your purchase is handled by Apple/Google under their payment terms. We do not control those payment systems, refunds, or billing cycles, except where required by law.

Auto-renewal (subscriptions): Subscriptions may renew automatically unless cancelled in your Apple/Google account settings before the renewal date.

14. Third-Party Services and Links

The Application may integrate third-party services (e.g., push notifications, maps, analytics, identity providers). Your use of third-party services may be subject to their terms and privacy policies. We are not responsible for third-party services outside our control.

15. Contact and Complaints

Email: help@erasafety.net

If you believe the Application has been misused in a way that creates safety risk (e.g., false alarms, harassment, malicious reporting), contact us promptly with details so we can investigate.