End User Licensing Agreement
& Term of Use
Terms of Use
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Welcome to Siren-app.com, the website and online service of Siren Networks Sdn. Bhd. (“Company,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service (including by downloading any mobile application we may offer from time to time), you signify that you have read, understood, and agree to be bound by this Terms of Use (“Agreement”) and to the collection and use of your information as set forth in the SIREN Privacy Policy <www.siren-app.com/privacypolicy> whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, AS THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS Of DAMAGES AND INDEMNIFICATION OBLIGATIONS.
About our Services
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Connecting You With Your Trusted & Verified Contacts. We are a communications technology company that provides, and always strives to improve ways for you to communicate with other Siren users and Providers (as defined below) in a secure and reliable manner. Our mobile application provides you with a convenient platform for organizing and storing your emergency contacts and critical information, connecting you with other Siren users and Providers (if you wish) through our alarm and alert system where you can safely share your critical information including your location and medical information with your verified contacts within our platform, at a press of a button, at your discretion. Siren may work with partners, service providers, and affiliated companies (collectively referred to as “Providers”) to help us provide ways for you to connect with their services.
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What we are NOT. The Services of Siren are not intended to replace existing public or private emergency response systems and services e.g. 999 or other ICT platforms designed to handle and channel calls to the various agencies such as the police and fire department, Ministry of Health, relevant auxiliaries including ambulance services. We are not a responder to emergency calls made on our platform. You are advised to place a call to such emergency response systems at first instance or whenever possible. Whilst our mobile software may provide you with the listing of relevant phone numbers or links that connect you to these emergency response services; the Company does not endorse or assume any responsibility for any such third-party. You will engage these third parties at your own risk and expressly relieve us from any and all liability arising from your use of any third-party services. See section 14 Third-Party Links.
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Ways To Improve Our Services. We analyze how you make use of our mobile application in order to improve our Services, this may entail helping our partners and service providers that we may bring onto our platform to measure the effectiveness and distribution of their services and messages. We may share and use this information we have with our partners, service providers, and affiliated companies to do this.
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Privacy And Security Principles. We built our Services with strong privacy and security principles in mind.
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Enabling the Function of our Services. To operate our Services, we may need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. The use of this global infrastructure is necessary and essential to provide our Services. This infrastructure may be owned or operated by our service providers including affiliated companies.
BY ACCESSING OR USING THE SERVICE, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING TERMS
1. Use of the Service
A. Eligibility
You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable laws, rules and regulations. Anyone under eighteen (18) is strictly prohibited from creating an account for the Service without express parental /guardian consent. By providing consent for a child under eighteen (18) to use the Service, parents and guardians agree to: (i) exercise oversight of the child’s use of the Service, including ensuring that such use is always in accordance with this Agreement, all documents related hereto, and all applicable laws, and to be fully responsible and liable for the child’s compliance with this Agreement and the child’s use of the Service; (ii) the disclaimers, waivers and limitations of liability set out in this Agreement on your behalf and on the child’s behalf; and (iii) be fully liable for and to fully indemnify, defend, and hold harmless Company and our subsidiaries, agents/mandataries, licensors, managers, and other affiliated companies, and their employees, contractors, agents/mandataries, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising, directly or indirectly, from such child’s use of the Service or such child’s failure to comply with this Agreement, and all references to “you” or “your” in (i) through (vi) in section 15 will be deemed amended to include your child or your ward, as applicable. The Service is not available to any Users previously removed from the Service by us.
B. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, transmitting, disassembling, decompiling, publicly displaying, republishing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping” or by creating any derivative works of the Service; (ii) determining or attempting to determine any source code, algorithms, methods, or techniques embodied by the Service or any derivative works thereof, or incorporating the Service or any portion thereof into any other program or product; (iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading invalid data, viruses, worms, or other software agents through the Service; (viii) collecting or harvesting any personally identifiable information, including account names, from the Service; (ix) using the Service for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xi) interfering with, or attempting to interfere with, the proper working of the Service; (xii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiv) distributing, licensing, transferring, or selling, in whole or in part, any of the Service or any derivative works thereof; (xv) encouraging any conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or Users of the Service or expose us or them to liability; and (xvi) violating, or promoting the violation of, this Agreement or any applicable l law or regulation, including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property or legal rights ( or data protection or privacy laws.
C. License to Use the Service
Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. Company reserves all rights not expressly granted herein in the Service and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason.
D. Accounts
Accounts that you are able to establish with the Service give you access to the services and functionality that we may establish, maintain and modify from time to time and in our sole discretion.
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Only one account can be created with one phone number. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses, damage and any liability caused by any unauthorized use of your account.
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You may control your User profile and how you interact with the Service by changing settings that are made available to you.
2. Service Availability and Our Right to Terminate
We may, without prior notice, change the Service; stop providing the Service or certain feature of the Service, to you or to Users generally; or change the usage limits for the Service. If we materially change the Service, we will endeavour to provide you with at least 7 days notice. We may permanently or temporarily terminate or suspend [YWC1] your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by such provisions of this Agreement that are intended to continue in effect after termination. You are responsible for all the mobile data and broadband usage in connection with the use of Service. Consult your mobile operator or other provider concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other Users and Providers. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users and Providers, or for any User’s or Provider’s action or inaction.
3. User Content
Some areas of the Service allow Users to post content such as profile information, images, comments, questions, messages, chats and other content or information (any such content a User submits, posts, displays, creates, or affirmatively chooses to make available on the Service is “User Content”). User Content does not include information collected from or about your phone or device. We claim no ownership rights over User Content created or submitted by you. As between us, the User Content you create remains yours; however, by sharing User Content through the Service, you agree to the User Content License Grant below, and to allow others to view and share your User Content in accordance with your settings and this Agreement.
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The Company has the right (but not the obligation) in our sole discretion to store such User Content and to remove any User Content that is shared via the Service. Chat history and files shared in chats may be removed and permanently deleted after a certain period of time as determined by the Company. The Company does not warrant that such User Content, once removed can be accessible or retrievable.
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You agree to use our Services only for legal, authorized and acceptable purpose. You will not post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort or any breach of applicable law; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, defamatory, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal; (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that is not correct and current;; (ix) interferes with other Users of the Service including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service and deleting or revising any content posted by another person or entity; or (x) involve any non-personal use of our Services unless otherwise authorized by us. You may not copy or use personal identifying or business contact information about other Users without their permission. You agree, represent and warrant that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or personal data or privacy rights . Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in our sole discretion, violates these provisions.
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For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright, , moral rights, rights of publicity, design rights, trademark, service mark rights, goodwill, trade secret rights and other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any country or other jurisdiction.
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In connection with your User Content, you affirm, represent and warrant the following:
A. You have the consent of each and every identifiable natural person in the User Content to use such person’s name, likeness or any other personal information, including sensitive personal data in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
B. Your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and personal data and privacy rights. Company takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of User Content.
4. User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license include for purposes such as (but not limited to) operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, sharing your medical information with your verified contacts and/or service providers that you engage via our platform or case reporting and keeping), the operation, maintenance, monitoring, analysis, improvement and development of our Services, development of our partnerships and business, and for archival and record-keeping purposes.
5. Terms Specific to Mobile Software
A. Mobile Software
As part of the Service, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Company does not warrant that the Mobile Software will be compatible with your mobile device. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Company account owned solely by you, for your personal use. Without limiting the general prohibitions on your actions found in the “Service Rules” above, which also apply to the Mobile Software, you may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that failure to upgrade the Mobile Software may affect your continued use of the Services and Siren is not obliged to continue to maintain and support any non-current version of the Mobile Software. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Company or third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from Malaysia (if applicable). In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Malaysian and foreign laws related to use of the Mobile Software and the Service, including the laws in your jurisdiction of residence.
B. Mobile Software from Apple App Store.
The following applies to any Mobile Software you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the then-current App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software.
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You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
C. Mobile Software from Google Play Store.
The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.
6. Alarms, Alerts and Our Communications With You
We may from time to time provide alerts and account-related notifications. You do not need to activate these alerts and notifications. Although you may have the option to suppress some of these automatic alerts and notifications, we strongly recommend that you do not especially if they are security or emergency-related.
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Siren may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. We may communicate with you through multiple electronic channels that may include SMS, email, app push notification, IVR call.
The Company has taken every reasonable care in the preparation of the Services including the prompt delivery of alerts and notifications. However, as certain technical matters and network availability may be beyond their control, Siren cannot guarantee that users will have uninterrupted access to the Services at all times or that there will be no delays, failures, errors or omissions or loss of transmitted information – see Section 15 and 16, Disclaimer and no Warranties and Limitation of Liability.
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If your email address or your registered mobile device’s number changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Siren login ID and some information about your accounts.
Specific terms related to the respective channels of communication:
A. Email Communications
By providing Company your email address you consent to our using the email address to send you Service-related notices, including any notices required by law (if any). We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from Company. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
B. SMS/Text Messaging and automated voice calls
We may offer you the option to receive recurring notifications, or alerts related to the emergency signalling feature of the Service (the “Notifications Program”). By consenting you agree to receive such notifications that may be delivered in one of or from a combination of channels that includes SMS / Text Messaging Apps / App push notifications, Emails and automated voice calls from us. You certify that your mobile number provided is true and accurate and that you are authorized to enrol the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialling system and that standard message and data rates apply. The Notifications Program may not be available on all carriers or compatible with all mobile phone models. We are not responsible for any delays upon sending or receiving text messages and can change the Notifications Program at any time. Although you may have the option to suppress, unsubscribe or switch off some of these notifications or alert channels, please keep in mind that if you opt-out of receiving any alert notifications, we may not be able to contact you with important messages regarding the Service or alerts from your emergency contacts. Also note that if your emergency contacts opt-out of receiving alert notifications, we may not be able to contact them or deliver alerts or messages to them.
C. In-App Chat
The in-app chat is a channel of communication which may be made available for you and your verified contacts. Siren is not a party to these conversations and will not be a responder.You are advised to keep this channel for the purposes of emergency communications only. When an emergency ends, the chat history and files shared in chats may be removed and permanently deleted after a certain period of time as determined by the Company.
7. Our Proprietary Rights
Except for your User Content, the Service and all materials, services, and information therein or transferred thereby, including, without limitation, information, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, content, reports, features, functionality, design, presentation, analyses and data that is otherwise generated, collected or transmitted through the Service or Mobile Software, the “look and feel” of the Service, and User Content belonging to other Users (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and our licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
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You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service of our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea for any purpose without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by our employees, or obtained from sources other than you. Company has no obligation to review, consider or implement any Idea. You agree, represent, and warrant that any Idea that you submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy.
8. Specific Features of the Service
The Service includes a number of features which may or may not be available to you. Some of the Service features require Mobile Software to be installed on the devices that the features apply to or require your consent to be activated. Please see below for details.
A. Location Information
Certain features of the Service are designed to collect and share location information about you and other individuals who use the Service, for example; the location of the party activating the emergency alarm (the “Signaller”) or the calculation of distance between a responding emergency contact (“Responder”). In order to access and use these features, the Service collects location from your mobile device in order to share location information, measuring distance between parties, enable User sharing of such data with emergency service providers, compile reports, and otherwise provide or facilitate the features and functionality of the Service. By using the location services, you consent the Company to collect and use location data from your device to provide the Services, and for other purposes as described in our Privacy Policy <>.
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These features require the corresponding Mobile Software to be installed on the device for which location will be provided, and require access to location data from the smartphone or mobile device. These features may not work properly if the corresponding device permissions and settings allowing access to location are not properly configured or enabled. In addition, the features may not work for a variety of reasons, such as if the device that the Mobile Software is installed on is not powered on and connected to the wireless service provider’s network (e.g., it will not work if the phone is connected to a wi-fi network), if location services are turned off, if the Service is not being used or is blocked on the device, if you are making a phone call through the device, and for other reasons.
B. Emergency Signalling and Voice Calls relating to emergencies
Our mobile software provides you with a convenient platform for organizing and storing of your emergency contacts and critical information, connecting you with other Siren users through our alarm and alert system where you can safely share your critical information including your location and medical information with your verified contacts within our platform, at a press of a button, at your discretion.
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We are not a responder to Emergency signals, and this feature will only function if you have added at least one (1) other Siren user that has accepted your invitation to connect. We may use one or a combination of channels of communication to notify your emergency contacts. However, it is important that you register Siren’s phone number and set the ringtone allowing Emergency Bypass (Apple IOS) or as a Favourite Contact (Android) with Do Not Disturb Exceptions under Settings so automated voice calls from Siren rings even when the phone is set to silent mode.
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9. Additional Policies and Information About the Service and Service Features
This section contains additional policies and information about the Service and Service features including geographic coverage information and availability.
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A. Geographic Coverage.
The Service is designed for residents of Malaysia. Some features of the Service may not work in areas outside the wireless service coverage area for the phone that the Mobile Software is installed on.
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B. Availability
We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as network unavailability, events in nature and other force majeure events
C. Termination
Although we hope you remain a Siren user, you can terminate your relationship with Siren anytime for any reason by deleting your account.
We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you breach our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time. The following provisions will survive any termination of your relationship with Siren: "Licenses," "Disclaimers And Release," "Limitation Of Liability," "Indemnification," "Dispute Resolution," "Availability And Termination Of Our Services," and "Other".
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10. No Professional Advice
We may share information that is meant to create safety and security awareness and emergency preparedness among our userbase. Such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice, especially if it is medical related, from a registered healthcare provider or person who is licensed and/or qualified in the applicable area.
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11. Privacy and Data Protection
We care about the privacy of our Users. Please see our Privacy Policy <link> information about how we collect, use and disclose information about you. You consent to the collection, uses, processing, storing and disclosures of your personal information for the purposes and in the manner described in our Privacy Policy.
12. Security
Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information or User Content for improper purposes. You acknowledge that you provide your personal information and User Content and use the Service at your own risk.
13. Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Company. If you use any such links, you will leave the Service. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and Company’s Privacy Policy <link> do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, and any dealings with the Providers including payment and delivery of goods/services, and any other terms (such as warranties) are solely between you and such third parties / Providers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties / Providers.
14. Indemnity
You agree to defend, indemnify and hold harmless Company, our subsidiaries, affiliates, our and their directors, officers, employees, partners, and agents (together, the “Siren Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein or the Privacy Policy; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including any personal data laws; (v) any claim or damages that arise as a result of any of your User Content, or any User Content or other information that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
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15. Disclaimer and No warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD-PARTIES. YOU RELEASE THE SIREN PARTIES FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, LIABILITY, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SIREN PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, PENALTIES, USE, DATA OR OTHER LOSSES, THAT ARISE IN CONNECTION FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE SERVICE ; (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES. IN NO EVENT SHALL SIREN PARTIES BE LIABLE TO YOU OR ANY USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED RINGGIT (MYR100.00), WHICHEVER IS GREATER.
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THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from facilities in Malaysia. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Malaysia and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Malaysia, or are a foreign person or entity blocked or denied by the Malaysian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Malaysia.
17. Dispute Resolution, Governing Law and Arbitration*
In the event of any dispute, disagreement, dispute or claim arising out of or connection with this Agreement, you and Siren shall use good faith best efforts to resolve the same through Siren’s resolution process (www.siren-app.com/complaints). If the matter is not resolved by such resolution process within a period of sixty (60) days from the initiation of the said process, the parties may refer such dispute to the
Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Siren (the “Arbitrator”). If you and Siren are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by you and Siren, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. This Agreement shall be governed by Malaysian law.
18. Information and Complaints
If you have a question or complaint regarding the Service, please send an e-mail to <email> or call <number>. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with Company.
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19. General
A. ​Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement.
Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by Company in our sole discretion or as may be required by applicable law. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in our sole discretion, modify or update this Agreement from time to time and without prior notice to you (except where notice is required by applicable law), and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the Agreement. If you do not agree to any of these terms or any future Agreement, do not use or access (or continue to access) the Service.
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C. Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with Company in connection with the Service (including all supplemental terms referenced herein and our Privacy Policy), shall constitute the entire agreement between you and Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Contact
Please contact us hello@siren-app.com with any questions regarding this Agreement. This Agreement was last modified on
[YWC1]Can we terminate or suspend an account? If so, can we notify the user and his emergency contacts of this termination/ suspension?
[YWC2]Is this an accurate description of what the software does?
[YWC3]Can users delete their account? What happens to their profile and other account related data when the account is deleted?
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