Abridged terms and conditions
- MiBlackBox® is a service provided to you by MiBlackBox Africa (Pty) Limited Registration Number: 2019/528892/07 (“MiBlackBox”).
- The service is available to all GSM (Global System for Mobile Communications) mobile handsets that are active on the mobile network. The USSD (Unstructured Supplementary Service Data) based service supports the recording of voice files only and sends an SMS (Short Message Service) with a link to the voice file to one pre-registered emergency contact (“USSD Service”). The Application (App) version offers more functionality, including , voice and video recording , taking, storing and sharing of pictures, allowing the user to register multiple emergency contacts, identifies nearby emergency services, location and tracking functionality (“App Service”).
- The service allows you (“the User”) to:
- record, store and share calls, videos and/or pictures in unforeseen, important events and/or in emergencies;
- the voice, video files and/or pictures are recorded, encrypted and stored at secured servers and a notification (SMS or in-App message) along with location (App only) is sent to the Users pre-registered emergency contacts (limited to one for USSD Users and multiple emergency for App Users) thereby enabling the voice file, video and/or picture to be accessed by the User and the emergency contact/s. In the case of the App, the emergency contact/s is/are able to access the file, video, pictures and track the Users location as well as the User’s historical position for up to 48 hours and identifies nearby emergency services provided the emergency contact/s is/are registered for the Service. (“the Service”).
- This Agreement will endure indefinitely subject to either Party terminating the Service for any reason at any time. For App Users, the User may terminate the Service at any time by unsubscribing via the Apple or Google Play Stores. USSD Users may terminate the Service by way of email to email@example.com or follow the unsubscribe process of their mobile network operator. Termination of the Service by either party or third party billing platform or service provider shall automatically result in this Agreement being terminated. Termination of this Agreement at the instance of MiBlackBox shall take place by SMS for USSD Users and an in-App push message and/or email for App Users.
- To use the Service, the User is required to register for the App through his/her Apple or Google Play Store or, in the case of the USSD Service, dial *120*8821# or other USSD strings as published from time to time on the User’s mobile phone and then complete the simple guided interactive USSD menu driven process.
- The User understands that the Service is:
- a communication and information service between the User and his/her emergency contact/s;
- NOT a life-saving service, product or tool and is not to be relied upon as such.
- Upon suspension and/or termination of the Service for any reason, the User will no longer have access to or the use of the Service. There will be no refund of the Subscription Fee paid by the User in respect of the Paid Period, unused time of the Service or any portion thereof and any content or data associated with the User’s account or for any other charges or claims whatsoever.
- The Service is available in countries where MiBlackBox has it available to Users for download through Apple or Google Play Stores under its own brand or that of a white label partnership brand in those countries (which specifically excludes the USA, Canada, Australia and USA sanctioned countries) and MiBlackBox makes no warranty that the Service is available or operational in any other locations, territories or countries.
- The User will be charged for the use of the Service at the applicable rates as published from time to time on the MiBlackBox website (“the Subscription Fee”). The Subscription Fee for the App Service is payable monthly or annually in advance (“the Paid Period”) either by an in-App payment through the billing platforms provided within the Apple or Google Play Stores, via the billing platforms provided for by the mobile networks, where applicable and / or via a token system in the case of corporate or third party billing solutions, as the case may be. For the USSD Service, the Subscription Fee is paid through daily billing via the network operators which is deducted from the User’s account held by them and whom remit payment of the Subscription Fee to MiBlackBox. The User authorizes MiBlackBox to charge for the Service (the Subscription Fee) and in doing so, to charge the payment method until the Agreement is terminated by either party in terms of this Agreement. MiBlackBox is not responsible for any charges or other expenses which the User may incur resulting from any charges by any of these billing platforms.
- Under no circumstances shall MiBlackBox, its holding companies, subsidiaries, officers, directors, employees, agents, members, representatives, vendors, suppliers, service operators and/or Third Party Service Providers be liable, whether arising out of or relating to the Service or otherwise in terms of this Agreement, whether in delict, strict liability, negligence whether for:
- any lost profits or special, indirect, incidental, punitive or consequential damages of any nature whatsoever including bodily injury, illness, trauma, and/or loss, damage and/or destruction to any property of whatsoever nature even if foreseeable; and
- any direct damages;
- The User indemnifies and holds MiBlackBox, its directors, officers, agents, members, employees, representatives, related and affiliated corporations, suppliers, Third Party Service Providers and/or service operators harmless from any claim or demand, loss and/or damage (including any and/or all legal costs which may be incurred by MiBlackBox in defending such claims on an attorney and own client scale) whether direct, indirect or consequential, howsoever arising whether past, future or present including but not limited to:
- the User’s and/or any third party’s (whether authorized or not by the User) use of the Service;
- any violation or breach by the User of the terms and conditions contained herein;
- the User violating any rights of a third party through his/her use of the Service;
- the suspension, interruption or termination of the Service at any time for any reason whatsoever; or
- for any reason arising out of or relating to the use of or attempted use of the Service.
These terms and conditions are an abridged version only, to view our full terms and conditions click here.