Terms of Use

Introduction

These Terms of Use ("Terms") govern your access to and use of the NeoAria website, the NeoAria mobile app, and NeoBand devices and related services (together, the "Services"), provided by Scilacci Ltd ("Scilacci", "we", "us", "our"), a company registered in England and Wales (company number 15455827), incorporated on 31 January 2024, with its registered office at 18 Rye Mews, Waterbeach, Cambridge, CB25 9RS and VAT number GB460016239. NeoAria and NeoBand are products and brands of Scilacci Ltd.

By creating an account, purchasing a device, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

Eligibility & accounts

• You must be at least 18 years old to create an account. Accounts for children must be set up and managed by a parent or guardian.
• You are responsible for keeping your login credentials secure and for activity under your account.
• You agree to provide accurate information, including for the trusted contacts you add, and to ensure those contacts are aware they have been added and understand what they will receive.
• You must keep your trusted-contact and device information up to date so the Services can work as intended.

Safety disclaimer — please read

You acknowledge and agree that:

• In an emergency you should always contact your local emergency services where it is safe and possible to do so;
• The Services depend on factors outside our control — including your device, battery, Bluetooth and network connectivity, GPS accuracy, third-party networks, and the availability and willingness of your contacts or responders;
• Alerts, location, and evidence may be delayed, incomplete, inaccurate, or fail to send;
• Community responders are independent individuals, not employees or agents of NeoAria, and we do not guarantee that anyone will respond or that a response will be safe or effective;
• NeoAria makes no claim of guaranteed safety outcomes and does not warrant that the Services will prevent any incident, injury, or loss.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by our negligence.

Acceptable use

You agree not to:

• Trigger false or malicious alerts, or misuse SOS or community features;
• Use the Services to harass, stalk, surveil, or harm any person, or to track someone without their knowledge and consent;
• Upload unlawful, abusive, or infringing content, or submit false community reports;
• Attempt to reverse engineer, tamper with, disrupt, or gain unauthorised access to the Services or devices;
• Use the Services in breach of any applicable law in your country.

We may suspend or terminate access for breach of these Terms or misuse that affects the safety or rights of others.

Community features

NeoSense risk reporting and community response are optional features that rely on user-generated content. You are responsible for what you submit, and you grant us a licence to use, store, and share community reports (in de-identified form where possible) to operate the feature. If you choose to act as a community responder, you do so voluntarily and at your own risk; you should never put yourself in danger, and should alert the authorities and act with others where appropriate.

Devices & purchases

Where you purchase a NeoBand device or paid feature, additional sale terms, pricing, delivery, and (for consumers) statutory rights apply. As a UK seller serving customers worldwide:

• Consumers in the UK have statutory rights under the Consumer Rights Act 2015, including rights relating to goods and digital content of satisfactory quality;
• Consumers in the EEA and other regions retain any mandatory rights under their local law;
• Specific warranty, return, and refund terms will be provided at the point of sale. [LINK TO SALES TERMS / WARRANTY]

Intellectual property

The Services, including the NeoAria and NeoBand names, logos, software, designs, and content, are owned by or licensed to Scilacci Ltd and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to use the Services for their intended purpose. You retain ownership of content you submit, subject to the licence described above.

Third-party services

The Services rely on third parties such as mobile operating systems, app stores, mapping, messaging, and cloud providers. Their terms and policies also apply, and we are not responsible for third-party services outside our control.

Availability & changes

We are continually developing the Services and may add, change, suspend, or remove features. We aim to keep the Services available but do not guarantee uninterrupted or error-free operation, and we may carry out maintenance or updates. Some features are described as planned or later-stage and may not be available at launch.

Limitation of liability

To the fullest extent permitted by law, and subject to the safety disclaimer in section 3 and the protections that cannot lawfully be excluded:

• We are not liable for indirect, incidental, special, or consequential losses;
• We are not liable for failures caused by factors outside our reasonable control, including device, connectivity, network, or third-party failures;
• Our total aggregate liability arising from the Services is limited to [CAP, e.g. the amount you paid in the prior 12 months], except where the law does not allow such a limit.

Nothing here limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law. Some jurisdictions do not allow certain exclusions, so some of the above may not apply to you.

Indemnity

You agree to indemnify NeoAria against claims, losses, and costs arising from your misuse of the Services or breach of these Terms, to the extent permitted by law and except where caused by our own fault.

Termination

You may stop using the Services and close your account at any time. We may suspend or terminate your access for breach of these Terms or where required by law. Provisions that by their nature should survive termination (including sections 3, 7, 10, 11, and 13) will continue to apply.

Governing law & jurisdiction

These Terms and any dispute arising from them are governed by the laws of England and Wales, and the courts of England and Wales will have jurisdiction. If you are a consumer, this does not deprive you of the protection of mandatory consumer-protection laws of the country where you live, and you may also be able to bring proceedings in your local courts.

Contact

Questions about these Terms? Contact legal@neoaria.co.uk or write to Scilacci Ltd, 18 Rye Mews, Waterbeach, Cambridge, CB25 9RS.