Terms of Service

1. Introduction and Acceptance of Terms

These Terms of Service ("Terms") govern access to and use of the Skuark mobile application, wearable integrations, and related services (collectively, the "Service"), provided by Skuark Ltd ("Skuark", "we", "us", or "our"). By creating an account, downloading, accessing, or using the Service, you ("you" or "User") agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not create an account or use the Service.

If you are creating or using an account on behalf of an organisation (for example, an employer, school, or event operator), you represent that you have authority to bind that organisation to these Terms, and "you" will refer to both you individually and that organisation.

2. Description of the Service

Skuark is a personal safety application that allows a User to activate a personal alarm which, upon activation, may: determine the User's approximate location; create a unique incident record; notify emergency services and other Users located within a configurable radius; begin automatic audio and video recording; stream that recording to authorised participants; allow notified Users to indicate an intended response; dynamically expand the notification area in response to further alarm activations; and support consensus-based closure of the incident by attending responders. Certain features may vary depending on your device, region, subscription tier, or configuration by an organisational administrator.

The Service also provides family-safety features: a parent or guardian may create and link a protected account for their child, receive an SOS from that child, exchange private family messages and calls, and request the child's location. Verified professionals (such as medical, police, fire and rescue, security, and first-aid personnel) may apply to be recognised as verified responders. Some features require a paid subscription, as described in Section 11.

3. Eligibility and Account Registration

You must be at least 16 years old to create your own account and use the Service without parental or guardian involvement. A child under 16 may use the Service only through a protected child account that is created, linked, and supervised by their parent or legal guardian. If you create a child account, you confirm that you are the child's parent or legal guardian, you agree to these Terms on the child's behalf, and you are responsible for that account and for supervising the child's use of it. A child must not sign up for the Service independently.

You agree to provide accurate, current and complete information when creating an account, to maintain the security of your account credentials, and to promptly update your information if it changes. You are responsible for all activity that occurs under your account, and must notify us promptly at support@skuark.com if you become aware of any unauthorised use of your account.

4. Nature of the Service; Not a Substitute for Emergency Services

THE SERVICE IS DESIGNED TO SUPPLEMENT, AND NOT TO REPLACE, YOUR LOCAL EMERGENCY SERVICES (SUCH AS 911, 999, 112 OR THE EQUIVALENT IN YOUR JURISDICTION). In a genuine emergency, you should, wherever possible, contact your local emergency services directly, in addition to or instead of relying solely on the Service.

• We do not guarantee that any alarm activation, notification, or live stream will be successfully transmitted, received, or acted upon in any particular timeframe, or at all.
• Delivery of notifications and streaming depends on factors outside our control, including network connectivity, device settings, third-party infrastructure, and the availability and responsiveness of other Users and emergency services.
• Community responders notified through the Service are ordinary Users, not trained professionals or agents of Skuark, and their attendance, assistance, or response is entirely voluntary and not guaranteed.
• We are not an emergency dispatch service, and integration with emergency services' computer-aided dispatch systems, where available, is provided on a best-efforts basis and may not be available in all regions.

5. Location Data and Automatic Recording; Consent

By creating an account and enabling alarm functionality, you consent to the Service collecting your device's location and automatically initiating audio and video recording, together with associated sensor data (such as motion data and, where enabled, biometric data), immediately upon alarm activation, as described in our Privacy Policy. You acknowledge that such recordings may capture other individuals present at the time of the incident, and you agree to use this functionality responsibly and in compliance with applicable law, including any local laws governing consent to recording.

You further acknowledge that recordings and associated incident data may be preserved on secure servers and may, in accordance with our Privacy Policy, be made available to authorised law enforcement in connection with the investigation or prosecution of an offence, whether or not you are the person who activated the alarm.

Where you have granted location permission (including background or "always" location), you consent to the Service using your device's location for the safety purposes described in our Privacy Policy. In particular, you acknowledge and agree that a linked parent (in the case of a child account) and authorised Skuark administrators may request your device's current location for safety and lawful-authority purposes, that such a request may be fulfilled while the app is closed and without a visible prompt on the device, and that a child's location is shared only with their linked, verified parent. Location obtained in this way is used only for those safety and lawful purposes and is never used for advertising.

6. Community Responder Network and Assumption of Risk

The Service enables Users to indicate an intention to attend the location of an incident to provide assistance. Participation as a community responder is entirely voluntary. You acknowledge and agree that:

• Skuark does not vet, train, supervise, insure, or guarantee the conduct, competence, or safety of any User acting as a community responder.
• Attending the scene of a reported incident carries inherent risk, and you do so entirely at your own risk and discretion.
• Skuark is not responsible for the actions or omissions of any User, whether as an alarm initiator, community responder, or otherwise.

You should exercise your own judgement as to whether, and how, to respond to any notification, and should never place yourself in danger in order to assist another User.

Some Users may apply to be recognised as verified responders by submitting evidence of a professional role. Verification is granted at Skuark's discretion, is based on the information you provide, and may be revoked at any time. A verified badge indicates only that we have reviewed an application; it does not make that User an employee, agent, or representative of Skuark, and Skuark remains not responsible for their conduct.

7. User Conduct and Acceptable Use

You agree not to:

• Activate an alarm in bad faith, as a prank, or otherwise without a genuine belief that assistance may be required.
• Use the Service to harass, stalk, threaten, or invade the privacy of any other person.
• Attempt to gain unauthorised access to the Service, other Users' accounts, or our systems.
• Reverse engineer, decompile, or interfere with the proper operation of the Service.
• Use the Service in a manner that violates any applicable law or the rights of any third party.

We reserve the right to investigate suspected misuse of the Service, including false alarm activations, and to suspend or terminate accounts found to be in breach of this Section, and, where appropriate, to report such conduct to emergency services or law enforcement.

Enforcement action for misuse — including a warning, a temporary suspension, or a permanent ban — may be applied automatically based on reports we receive from attending responders and other Users. If your account is suspended or banned, you may submit an appeal through the Service's appeal process, which will be reviewed by a member of our team.

8. Content Ownership and License

As between you and Skuark, you retain ownership of the audio, video, and other content generated through your use of the Service ("User Content"). By using the Service, you grant Skuark a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, and display your User Content solely for the purposes of operating, maintaining, and improving the Service, complying with applicable law, and as otherwise described in our Privacy Policy. This licence continues after termination of your account to the extent necessary for us to retain and provide access to preserved incident evidence as described in our Privacy Policy.

9. Emergency Services and Law Enforcement Cooperation

We may share incident data, location information, and preserved recordings with emergency services and law enforcement authorities: (a) in direct connection with an active incident, in order to facilitate emergency response; (b) in response to a valid legal request, such as a warrant, court order, or equivalent lawful process; or (c) where we believe in good faith that doing so is necessary to prevent imminent harm to any person. Further detail is provided in our Privacy Policy.

10. Third-Party Services

The Service may integrate with, or provide links to, third-party services, including mapping, messaging, cloud storage, and emergency-service dispatch systems. We are not responsible for the content, functionality, or practices of third-party services, and your use of them is governed by their own terms and privacy policies.

11. Subscription, Fees and Changes to the Service

Members of the public require a paid subscription for full access to the Service, at the price and billing interval shown at the point of purchase; payments are processed by our third-party payment provider. Verified professional responders are granted access without charge once their application is approved. If a recurring subscription payment fails, your access may be paused until payment is successfully made, at which point access is restored. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period, and fees already paid are non-refundable except where required by applicable law. We reserve the right to modify, suspend, or discontinue any part of the Service, or to change our fees, at any time, subject to applicable law and, where required, reasonable notice to affected Users.

12. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY WARRANTY OR LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKUARK AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF LIFE, PERSONAL INJURY, LOSS OF DATA, OR LOSS OF PROFITS, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY FAILURE OR DELAY IN THE TRANSMISSION OF AN ALARM, NOTIFICATION, OR LIVE STREAM, OR THE ACTS OR OMISSIONS OF ANY OTHER USER, EMERGENCY SERVICE, OR THIRD PARTY. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) £12, EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.

14. Indemnification

You agree to indemnify and hold harmless Skuark and its officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: your breach of these Terms; your misuse of the Service, including false or bad-faith alarm activations; your User Content; or your violation of any applicable law or third-party right.

15. Termination

You may terminate your account at any time through the Service's account settings or by contacting us at support@skuark.com. We may suspend or terminate your account, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or abusive conduct, or if required to do so by law. Upon termination, your right to use the Service will cease, although certain provisions of these Terms, and our rights and obligations relating to previously preserved incident evidence, will survive termination as described in our Privacy Policy.

16. Dispute Resolution and Governing Law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction, without regard to conflict-of-laws principles, save to the extent that mandatory consumer-protection laws of your country of residence provide otherwise. Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration administered by the London Court of International Arbitration (LCIA) in accordance with its rules, except that either party may bring an individual claim in small-claims court where eligible, and either party may seek injunctive relief in a court of competent jurisdiction to prevent unauthorised use or disclosure of confidential information.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as through the Service or by email, before the changes take effect. Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of those Terms.

18. Miscellaneous

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Skuark regarding the Service.

19. Contact Us

If you have any questions about these Terms, please contact us at:

Skuark Ltd

Email: support@skuark.com