1.1. This End User License Agreement ("EULA") is a legally binding agreement between You and Sakhi Safety AI Technologies (OPC) Private Limited ("Sakhi", "Company", "we", "us" or "our") governing Your download, installation and use of the Sakhi mobile application, including all updates, upgrades and related documentation (the "Application").
1.2. By downloading, installing, accessing or using the Application, You confirm that You have read, understood and agree to be bound by this EULA. If You do not agree, You shall not install or use the Application.
1.3. This EULA shall be read together with Sakhi's Terms of Use (helpsakhi.com/terms) and Privacy Policy (helpsakhi.com/privacy), each of which is incorporated herein by reference. In the event of any inconsistency between this EULA and the Terms of Use in respect of the Application, this EULA shall prevail.
1.4. Where the Application is obtained through a third-party application marketplace (an "App Marketplace"), the terms of that App Marketplace shall also apply to Your use of the Application, and nothing in this EULA shall be construed as conflicting with them.
2.1. Subject to Your compliance with this EULA, Sakhi grants You a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the Application on mobile devices that You own or control, solely for Your personal safety and for acting as a Protector for a person who has invited You, and as permitted by the usage rules of the App Marketplace from which the Application was obtained.
2.2. The Application is licensed, not sold. Sakhi and its licensors retain all right, title and interest in and to the Application, including its software, source code, design, user interface, content, Safety Grid, Safety Intelligence Engine, trademarks and all associated intellectual property. No rights are granted to You other than those expressly set out in Clause 2.1.
3.1. Except to the extent expressly permitted by applicable law, You shall not, and shall not permit any third party to:
4.1. The Application is intended for individuals aged eighteen (18) years or above who are located in India. The emergency features, subscription pricing and safety intelligence of the Application are specific to India.
5.1. Nature of the Application. Sakhi is a preventive personal safety application. Sakhi is not an emergency service, security service or public safety authority. Sakhi does not operate a control room, does not employ responders and does not dispatch police, medical or any other assistance. Sakhi has no integration, interface, agreement or relationship with the Emergency Response Support System (ERSS), the 112 service, the police or any government authority.
5.2. Single-press SOS. On a single-press SOS, the Application transmits an alert containing Your name, Your mobile number and Your device's last known location to the Protectors You have designated, by in-app notification and SMS. No emergency service or authority is contacted.
5.3. Double-press SOS. On a double-press SOS, and following a short on-device countdown that You may cancel, the Application shall: (a) transmit the alert described in Clause 5.2 to Your Protectors; (b) send an SMS from Your own device and mobile number to India's public emergency number 112, in the same manner as any member of the public may send an SMS to 112, containing Your name, Your mobile number, Your location coordinates and a map link, or a "location unavailable" notice where Your location cannot be determined; (c) open Your device's dialler with 112 pre-filled, such that You may place the call by tapping the call button; and (d) notify Sakhi users within approximately two kilometres who have opted in to assist. On certain devices, operating systems or configurations, completing the SMS or call may require an additional manual confirmation step by You.
5.4. Limits of Sakhi's role. Sakhi's role concludes when the alert leaves Your device. Whether, when and how 112 or any emergency service responds, including whether it receives or reads the message or identifies Your location, is determined solely by that service under its own procedures. Sakhi does not warrant that any emergency service will receive, read or act upon any message, contact You or provide assistance. Where You are able to do so, You should contact 112 or the relevant emergency service directly.
5.5. Location accuracy and availability. Your location is derived from Your device's location services and may be inaccurate, delayed or unavailable, including indoors, in areas of weak satellite or mobile signal, where location permission has not been granted, or where battery is low. Where Your location cannot be determined, alerts are transmitted with a "location unavailable" notice and Your Protectors are prompted to contact You. The Application shall not substitute a placeholder or estimated location.
5.6. Delivery. Transmission of alerts depends upon Your device, SIM and mobile network, SMS delivery, internet connectivity, battery, and the devices and settings of recipients, all of which are outside Sakhi's control. Sakhi does not warrant that any alert will be delivered or received.
5.7. Protectors and nearby users. Protectors are individuals You choose. Nearby Sakhi users are individuals who have volunteered to receive notifications. Neither is trained, vetted, supervised or obliged by Sakhi to act, and Sakhi shall not be responsible for any act or omission of a Protector or nearby user.
5.8. Cancellation of alerts. A single-press SOS may be cancelled and marked resolved within the Application. A double-press SOS may be cancelled during the countdown. Once the countdown has elapsed, the SMS to 112 cannot be recalled. The SOS shall not be tested with 112 as the recipient; the Self-Test Drill is provided for that purpose.
6.1. The Application uses Your device location solely for the following purposes: attaching Your location to SOS alerts transmitted to Your Protectors and, on a double-press SOS, to 112; sharing live location with Your Protectors during an active SOS and, where You have so elected for a Protector, between alerts; displaying the area risk level, safety locations and route suggestions; and, where You have granted background location access, enabling the Sakhi clip-on device to relaunch the Application and continuing live location during an active SOS while the Application is in the background.
6.2. Location data is collected only after You have granted location permission through Your device's operating system. You may modify or withdraw that permission at any time through Your device settings. The Application remains usable without location permission; SOS alerts are then transmitted with a "location unavailable" notice.
6.3. By triggering an SOS, You consent to the Application sharing Your name, Your mobile number and Your location with Your Protectors, with 112 on a double-press SOS, and with nearby Sakhi users who elect to respond. Such sharing ceases when the alert is resolved or when You or the nearby user withdraws.
6.4. The collection, storage, retention and deletion of location data and other personal data are governed by the Privacy Policy.
6.5. You agree that Sakhi may collect and use technical data and related information, including technical information about Your device, operating system and application software, gathered periodically to facilitate the provision of software updates, product support and other services related to the Application. Sakhi may use this information, in a form that does not personally identify You, to improve its products and services.
7.1. Safety features for self-users require an auto-renewable subscription purchased through the billing system of the App Marketplace from which the Application was obtained. The subscriptions offered are Sakhi Monthly, for a period of one (1) month at ₹149 inclusive of GST, and Sakhi Annual, for a period of one (1) year at ₹999 inclusive of GST. Each subscription begins with a free trial of fifteen (15) days, available once per user. The applicable price and duration are displayed within the Application prior to purchase.
7.2. Payment is charged to Your App Marketplace account at the end of the free trial, unless the subscription is cancelled at least twenty-four (24) hours before the free trial ends. Where no free trial applies, payment is charged upon confirmation of purchase. The subscription renews automatically for successive periods of the same duration at the same price unless cancelled at least twenty-four (24) hours before the end of the current period. You may manage or cancel Your subscription through the subscription settings of Your App Marketplace account. Cancellation takes effect at the end of the current period, and no refund is provided for any unused portion of a period except where required by applicable law or provided by the App Marketplace.
7.3. Account creation is free of charge. The Protector role is free of charge. Purchasers of the Sakhi clip-on device receive twelve (12) months of Application access included with the device; such access does not convert automatically into a paid subscription.
7.4. A subscription purchased on another platform is honoured within the Application after sign-in. A previously purchased subscription may be restored using the Restore Purchases function within the Application.
8.1. Sakhi is solely responsible for providing maintenance and support services in respect of the Application, as described in this EULA or as required by applicable law. Support requests may be directed to support@helpsakhi.com. No App Marketplace operator has any obligation to furnish maintenance or support services in respect of the Application.
9.1. Sakhi is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. To the maximum extent permitted by applicable law, the Application is provided "as is" and "as available", and Sakhi disclaims all warranties not expressly stated in this EULA, including any warranty that the Application, or any alert, location or safety feature, will be uninterrupted, timely, error-free or accurate, or will result in the prevention of harm or the provision of assistance.
10.1. To the fullest extent permitted by applicable law, Sakhi shall not be liable for any loss, injury or damage arising from or in connection with: any delayed, failed, inaccurate or misdirected alert; the response or non-response of any emergency service, Protector or nearby user; inaccurate, delayed or unavailable location information; or reliance upon the Application in place of contacting emergency services directly.
10.2. Nothing in this EULA excludes or limits any liability that cannot be excluded or limited under applicable law, including rights available to You under the Consumer Protection Act, 2019.
11.1. Sakhi is solely responsible for addressing any claim by You or any third party relating to the Application or Your possession or use of it, including product liability claims, any claim that the Application fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
11.2. In the event of any third-party claim that the Application, or Your possession or use of it, infringes that third party's intellectual property rights, Sakhi is solely responsible for the investigation, defence, settlement and discharge of such claim.
12.1. You represent and warrant that You are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that You are not listed on any United States Government list of prohibited or restricted parties.
12.2. You shall comply with all applicable laws in Your use of the Application.
13.1. You shall comply with all applicable third-party terms in Your use of the Application, including the terms of Your mobile network operator (the Application sends SMS from Your device, and standard messaging charges may apply), the terms of the App Marketplace from which the Application was obtained, and the terms of any mapping, communication or other third-party service used by the Application.
14.1. The Application may enable access to services, content and websites operated by Sakhi or by third parties, including mapping, messaging, telephony and emergency services ("External Services"). You use External Services at Your own risk. Sakhi is not responsible for examining or evaluating the content, accuracy or availability of any third-party External Service and shall not be liable for it.
14.2. Information displayed by the Application or by any External Service, including location, risk levels, safety locations and route suggestions, is provided for general informational purposes only and is not guaranteed by Sakhi. You shall not use any External Service in a manner inconsistent with this EULA or applicable law, or to harass, abuse, stalk, threaten or defame any person. External Services may not be available in all locations, and Sakhi may change, suspend or withdraw any External Service at any time without liability to You.
15.1. This EULA is effective from the date You first download, install or use the Application and continues until terminated. This EULA terminates automatically if You breach any of its terms. You may terminate this EULA at any time by deleting Your account within the Application and uninstalling the Application from Your devices. Sakhi may terminate this EULA in the circumstances set out in the Terms of Use.
15.2. Upon termination, the licence granted in Clause 2 ceases and You shall discontinue all use of the Application. Clauses 2.2, 9, 10, 11, 14, 16, 17 and 18 shall survive termination.
16.1. The following terms apply where the Application is obtained from the Apple App Store, and are included in accordance with Apple's requirements for developer end user licence agreements.
16.2. Acknowledgement. This EULA is concluded between You and Sakhi only, and not with Apple Inc. or its subsidiaries ("Apple"). Sakhi, not Apple, is solely responsible for the Application and its content. This EULA does not provide usage rules that conflict with the Apple Media Services Terms and Conditions.
16.3. Scope of licence. The licence granted in Clause 2.1 is limited to a non-transferable licence to use the Application on Apple-branded products that You own or control, as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions.
16.4. Maintenance and support. Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the Application.
16.5. Warranty. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price of the Application to You. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever in respect of the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Sakhi's sole responsibility.
16.6. Product claims. Sakhi, not Apple, is responsible for addressing the claims described in Clause 11.1.
16.7. Intellectual property. Sakhi, not Apple, is responsible for the matters described in Clause 11.2.
16.8. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon Your acceptance of this EULA, Apple will have the right, and will be deemed to have accepted the right, to enforce this EULA against You as a third-party beneficiary thereof.
17.1. This EULA shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with this EULA shall be resolved in accordance with the dispute resolution provisions of the Terms of Use, without prejudice to any rights available to You under applicable consumer protection law.
18.1. Any questions, complaints or claims concerning the Application shall be directed to the contact details set out above.