EMERGE24 Terms of Service

Last Updated: June 2026

Emerge24 Terms of Service Version 1.0 Table of Contents * 1. Introduction * 2. Agreement * 3. Use of the Emerge24 App * 4. Fair Usage * 5. Third Party Responders * 6. License * 7. Payment * 8. Circumstances beyond the Parties Control * 9. Copyright, Intellectual Property, and Trademarks * 10. Verification * 11. System Availability * 12. Warranties, disclaimer, and exclusion of liability * 13. Termination * 14. Updates * 15. Arbitration * 16. Ending a Session * 17. Miscellaneous 1. INTRODUCTION Emerge24 (Pty) Ltd (“Emerge24”, “we”, “us” or “our”) and rAPPid Response (Proprietary) Limited ("rAPPid") are committed to providing services of the highest standard to all individual customers ("the User", "the recipient", "you" or "your") who access the Emerge24 Services provided through the Emerge24 App by third-party armed response service providers coordinated by rAPPid. The terms and conditions of use contained below (“the Terms”) shall govern your use of the Emerge24 App, together with all services associated therewith, as well as the relationship between Users, Emerge24 and/or rAPPid. By accessing and using the Emerge24 App, the User agrees to be bound by these Terms. If you do not wish to be bound by these Terms, you may not access, display, use or download the Emerge24 App, and your election to access, display, use or download the Emerge24 App shall constitute your acceptance of these Terms. Emerge24 may, from time to time and at its sole discretion, modify these Terms. Your continued use of the Emerge24 App shall be subject to the Terms in force at the time of such use. Accordingly, you are encouraged to review these Terms periodically, as your continued access to or use of the Emerge24 App shall be deemed to signify your acceptance of any amended Terms. Emerge24 reserves the right, at any time and without prior notice, to change, suspend or discontinue any aspect, feature or service offered through the Emerge24 App. These Terms apply to Users who download the Emerge24 App directly from an authorised application store with the intention of utilising the Emerge24 App and associated Emerge24 Services for their personal, non-commercial use. 2. AGREEMENT These Terms govern all aspects of your access to and use of the Emerge24 App, as well as any associated applications, websites, content, products and/or services. Your election to access and use the Emerge24 App and the Emerge24 Services provided through or via the Emerge24 App creates a binding contractual relationship between you and Emerge24, governed in all respects by these Terms (as may be amended from time to time). 3. USE OF THE EMERGE24 APP Emerge24 (or its licensors) supplies a technology-based platform that enables Users to download the Emerge24 App onto their mobile device, Internet of Things (“IoT”) device and/or computer (“the Device”). Once downloaded, Users are granted access, through a virtual panic button and related emergency assistance features, to armed response, medical response and other emergency support services provided by independent third-party service providers (“Responders”) who may be nearest to the User at the time of activation (“the Emerge24 Services”). The scope of the Emerge24 Services is determined by the availability of Responders and service coverage areas as reflected within the Emerge24 App and may only be accessible within specified geographic areas. When you access the Emerge24 Services through the Emerge24 App, you acknowledge and agree that Emerge24 shall only facilitate responses within the applicable service coverage areas and shall not be obliged to provide responses outside of such areas. You expressly acknowledge and agree that the Emerge24 App is subject to geographical limitations and service availability constraints. It is your responsibility to familiarise yourself with the geographic areas in which the Emerge24 Services are available, and Emerge24 shall not be liable for any loss, damage, inconvenience or inability to access services arising from any such limitation. The User acknowledges that Emerge24 facilitates access to emergency response services in circumstances which may, by their very nature, be dangerous, urgent and potentially life-threatening. The Emerge24 Services are not intended to eliminate, reduce or prevent the risk of crime, injury, medical emergencies, fire-related incidents or any other threat to the User's safety and should not be construed as a guarantee of protection or prevention. The Emerge24 Services are intended solely to assist Users, where reasonably possible, by providing access to available Responders in the User's vicinity when an emergency alert is activated through the Emerge24 App. Further to the above, and as more fully set out elsewhere in these Terms, Emerge24, its directors, officers, employees, contractors, affiliates, partners, licensors and financiers accept no responsibility or liability for any injury, illness, loss, damage, death, delay, failure of response, interruption of service or other incident suffered by a User arising from or in connection with the use of the Emerge24 App or the Emerge24 Services. You agree that in using the Emerge24 App, you will comply with the following: 1. Without separate written permission from Emerge24 in advance, you may not: * reuse or “scrape” Emerge24's data for use in another service or website; * attempt to circumvent any controls or limitations Emerge24 and/or its licensors and/or the Emerge24 App has placed on Users' ability to access the Emerge24 App or information on the Emerge24 Services, including by means of robot exclusion headers; * use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the Emerge24 Services or otherwise interfering with the proper function of the Emerge24 App; * frame, “mirror”, or otherwise incorporate any part of the Emerge24 Services into any other application, website or service. 2. In addition to the foregoing, you may not use the Emerge24 App, without written consent and/or prior arrangement, for commercial purposes including but not limited to, using the Emerge24 Services to provide security and/or armed response services to the public at a mark-up. The Emerge24 Services are intended to be provided for the personal non-commercial use of the Users only and for no other purpose. No information whether oral or written or digitally obtained or displayed, obtained by the User from Emerge24 and/or the Emerge24 App will create or be deemed to create any warranty whatsoever in relation to such information, its use, intended use or the Emerge24 Services. 4. FAIR USAGE The provision of Responses is a labour-intensive process that is limited by the number of Responders available at any time. We wish to give all Users access to Responders in emergency situations and, in order to do so, we have implemented the following fair usage policy: 1. All Users will be limited to 4 (four) standard Responses per calendar year which may be used by you at the ordinary applicable tariff ("Response Limit"). 2. Once you have reached your Response Limit, Emerge24 may, depending on the circumstances and availability of Responders, either: * Refuse to provide further Responses to you; or * Provide Responses to you at a substantially higher cost than the ordinary per Response charge. This surcharge will be a minimum of 10x (ten times) the ordinary Response charge depending on the number of further Responses utilised after exceeding the Response Limit. 3. By using the Emerge24 App, you expressly agree to Emerge24's fair usage policy and hereby indemnify Emerge24, Aura, and rAPPid against any harm, injury, death, loss, or damage of whatsoever nature and howsoever arising should Emerge24 refuse a Response activated by you through the Emerge24 App. 5. THIRD-PARTY RESPONDERS As part of the Emerge24 Services, rAPPid has sourced a network of third-party Responders (defined in these Terms as “the Responders”), including independent armed response service providers who have been sub-contracted by rAPPid to provide their services to Users on an ad hoc basis using the Emerge24 App. Whilst Emerge24 will use its best efforts to ensure that all Responders are PSIRA compliant and uphold the highest standards of care in the exercise of their functions, you hereby acknowledge that Emerge24 does not itself provide any armed response services and relies upon its Responder network, who are not employees or agents of Emerge24 and operate as independent contractors utilising Emerge24's (or its licensor's) platform to accept ad hoc panic activations from time to time. We accept no liability of whatsoever nature or howsoever arising from any act or omission of a Responder or anyone associated therewith and agree only to facilitate access to such Responder and nothing more or less. The provision of armed response services shall at all times be dependent upon the availability and proximity of Responders. By using the Emerge24 App, you hereby acknowledge and agree that we, our directors, employees, financiers, Aura and rAPPid have no control over whether a Responder accepts a panic activation or not and accordingly, we accept no liability and/or responsibility for their conduct including but not limited to any act or omission of a Responder in either accepting or declining a request for armed response received via the Emerge24 App. For the sake of clarity, and to avoid any confusion, we are not able to guarantee Responder response times, access to Responders and/or the availability of Responders at any given time and do not accept any liability or responsibility of whatsoever nature and howsoever arising for a Responder being unavailable to respond and/or failing to respond to a request for a Response via the Emerge24 App. 6. LICENSE Subject to your compliance with these Terms, Emerge24 grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: 1. Access and use the Emerge24 App on your chosen Device/s for the sole purpose of accessing the Emerge24 Services; and 2. Access and use any content, information and related materials that may be made available by Emerge24 through the Emerge24 App and/or the Emerge24 Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Emerge24 and its licensors. 7. PAYMENT All payments in terms of or arising out of your use of the Emerge24 App and/or the Emerge24 Services shall be subject to and in accordance with the costs as stipulated on the Emerge24 App. The prices quoted by Emerge24 will be subject to fluctuation without prior notice to the User and will depend on, inter alia, the availability and proximity of Responders, the area in which the Emerge24 App is used, the number of Users using the Emerge24 App at any given time, time of day and/or time of the year, in accordance with a standard pricing scale. 8. CIRCUMSTANCES BEYOND THE PARTIES CONTROL If Emerge24, Aura, rAPPid and/or any third-party Responder is prevented or restricted, directly or indirectly, from carrying out all or any of its obligations under this Agreement by reason of strike, power failure, network failure, internet downage, fibre cable downage, mobile network downage, server failure, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of the Party's labour, government interference or control, or any other cause or contingency beyond the control of that Party, the Party so affected shall be relieved of its obligations under this Agreement during the period that such event and its consequences continue, but only to the extent so prevented, and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages, whether general, special or consequential, which the other Party may suffer due to or resulting from such delay or failure, provided always, save in the event of an unannounced municipal power failure or power failure at the Premises, that written notice shall forthwith be given of any such inability to perform by the affected Party. Any Party invoking the above mentioned provisions shall, upon termination of an event giving rise thereto, forthwith give written notice of such ending to the other Parties. 9. COPYRIGHT, INTERLECTUAL PROPERTY AND TRADEMARKS The Emerge24 Services and/or the Emerge24 App and all information, data, materials and other content made available through the Emerge24 App, including, but not limited to, the Emerge24 App name, website domain name, the Emerge24 logo(s) and all designs, text, documents, graphics, software including but not limited to both source and object code, sound files, other files and the selection and arrangement thereof are the proprietary property of Emerge24 and, as the case may be, its associates, suppliers and licensors and are protected by South African and international intellectual property laws. Emerge24 and its associates, suppliers and licensors reserve all right, title, and interest, including all intellectual property rights, in and to all such information, data, and other content and materials. Emerge24 and the Emerge24 logo(s) are trademarks of Emerge24 or one of its associated companies and may not be copied, imitated or used, in whole or in part, without the prior written permission of Emerge24 or the relevant company owning the said trademark. You understand that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa. You may access, display, download and otherwise use the current and future content of the Emerge24 App for your personal, non-commercial and information purposes only. Any other use, including reproduction other than as aforesaid, amendment/modification or distribution, without our prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights which the User acknowledges has the propensity to cause Emerge24, and/or its licensors, and/or rAPPid and/or their associated companies damage. 10. VERIFICATION The use of the Emerge24 App and access to the Emerge24 Services may require that a User profile is created which contains your specific information. You must be at least 18 years of age to create an Emerge24 profile, which will require you to submit personal information, including but not limited to your name, address, mobile phone number and age. By using and continuing to use the Emerge24 App, you agree to maintain accurate, complete, and up-to-date information insofar as your profile is concerned. Your failure to maintain an accurate, complete, and up-to-date profile may result in you losing access to the Emerge24 Services. You are responsible for all activity that occurs on or through your profile and you agree to maintain the security and secrecy of your profile, including your secret password, at all times. The User hereby acknowledges and agrees that Emerge24 shall be entitled, but not obliged, to establish the authenticity of any communication transmitted to it by way of the Internet or through the Emerge24 App which purports to emanate from such User. The User agrees that all instructions, consents, commitments, and any other communications which purport to emanate from the User and which are sent to Emerge24 by way of the Internet or through the Emerge24 App and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by the User at all, shall be deemed to have been given by the User in the form actually received by Emerge24 and the User will be bound by such details with no liability whatsoever attaching to Emerge24 in regard thereto. The User waives any rights the User may have or obtain against Emerge24 arising directly or indirectly from any loss or damage of whatsoever nature which the User may suffer as a result of the fact that Emerge24 acts on the User's instructions or instructions purported to emanate from the User via the Emerge24 App. The User agrees to and hereby indemnifies and holds Emerge24 harmless against all and any claims, liability, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by the User arising as a result of the fact that Emerge24 has acted on the User's instructions or instructions which purport to emanate from the User via the Emerge24 App. 11. SYSTEM AVAILABILITY Emerge24 shall use its reasonable best endeavours to keep the system available and maintain full system functionality at all times. Due to a number of possible unforeseen circumstances, including but in no way limited to connectivity, mobile network connection, server availability and/or failure, internet connection and/or failure, electrical connection, software functionality, hardware functionality, virus, general network failure, and/or third-party Responder availability, it may not always be possible for Emerge24 to maintain perpetual system availability and/or availability of the Emerge24 Services and/or the Emerge24 App. Should, for any reason whatsoever, Emerge24 be unable to maintain the availability of the Emerge24 Services and/or the Emerge24 App, the User agrees that Emerge24 shall not be liable to the User or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the Emerge24 Services and/or the Emerge24 App. Emerge24 reserves the right to discontinue providing the Emerge24 Services and/or the Emerge24 App without notice to the User. 12. WARRANTS, DISCLAIMERS AND EXCLUSION OF LIABILITY The User warrants that every instruction and all information given by the User to Emerge24 shall be accurate, true and in all respects correct. Emerge24 makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the Emerge24 App, the Emerge24 Services, the qualification, professionalism, competence, and suitability of the Responders or any one of them, the website, its content and/or accuracy thereof, any third-party services provided via the Emerge24 App or the suitability of any of the Emerge24 Services for a particular purpose or the effectiveness of any security or encryption facilities. Emerge24 does not warrant that the functionality provided by the Emerge24 App will be uninterrupted or error free, or that the Emerge24 App or the server that makes it available are free from viruses or other harmful components. We, our directors, employees, agents or representatives shall not be responsible for any loss, liability, damage (whether direct, indirect and/or consequential) or expense of any nature whatsoever or howsoever arising which may be suffered by the User, the recipient of any Emerge24 Services or any third party arising from or as a result of the use of the Emerge24 App or the Emerge24 Services, or as a result of or which may be attributable (directly or indirectly) to the User's use or reliance on the Emerge24 Services, including but not limited to: 1. Any information provided thereon; 2. The Emerge24 Services provided by Emerge24; 3. Third-party services provided via the Emerge24 App including those provided by the Responders; 4. Any viruses that may infect your device or other property on account of your access to and/or use of the Emerge24 App; 5. The efficacy of any security or encryption facilities; or 6. The Internet. By downloading, utilising, accessing and operating the Emerge24 App, you hereby expressly acknowledge and agree: 1. The Emerge24 Services provided by Emerge24, its licensors, Aura, rAPPid and/or the third-party Responders forming part of the Responder network are provided as a deterrent to the commission of criminal activity and are not intended as a preventative measure in respect of such activity; 2. The Emerge24 Services are not intended to constitute or replace an insurance policy and it is hereby recorded that no warranty of whatsoever nature is provided by Emerge24 in relation to any services rendered by Emerge24 and/or its licensors and/or Aura and/or rAPPid and/or any third-party Responder to the recipient; 3. We will not be held liable for any act or omission whether such act or omission is negligent or grossly negligent of any Responder within the service provider network or any of their staff, employees, agents or associates of us and/or the Responders or any one of them and the recipient hereby indemnifies us against any direct, indirect, incidental, special, punitive or consequential damages, or damages for loss of profits, revenue or any other damage of whatsoever nature incurred by you or anyone using the Emerge24 App through your account, or any third party, arising from or in connection with any contract or relationship between you and us; 4. In the event that it is found by a tribunal, arbitrator or court that we are liable in law to you or any third party arising from the Emerge24 App and/or any of the Emerge24 Services and/or any of the third-party Responders within the service provider network's conduct, it is expressly recorded that such liability shall be limited to the total value of the Emerge24 Services utilised by you over the preceding 12 (twelve) month period prior to the date such claim is instituted or an amount of R100,000.00 (one hundred thousand rand), whichever amount is lesser. The parties agree that the limitation of liability contained in these Terms is an irrevocable limitation and shall take precedence over any other indemnity or limitation contained in any other agreement concluded between the parties. It is hereby recorded and agreed that we accept no responsibility whatsoever to you or any of its Users, including but not limited to Users using the Emerge24 App, for the functions of the Emerge24 App or the integration thereof including but not limited to: 1. App functionality; 2. Any malfunction in the Emerge24 App; 3. Any malfunction in the User's app or device; 4. Any malfunction in the Responder's app or device; and 5. Any malfunction in relation to integration. 13. TERMINATION These Terms will continue to apply until either the User or Emerge24 terminates the Emerge24 Services or access to the Emerge24 App to the individual User. If the User has connected to the Emerge24 Services or accessed the Emerge24 App using a mobile phone, you may terminate the Emerge24 Services at any time by deleting the Emerge24 App from your mobile phone, de-activating your Emerge24 Account and no longer using the Emerge24 Services and/or the Emerge24 App or by sending written notice to Emerge24. Emerge24 may suspend a User's access to the Emerge24 Services and/or suspend a User's access to the Emerge24 App and/or terminate the User's continued use of the Emerge24 App at any time, with or without notice to you: 1. If the User is in breach of any provision of these Terms or if you make unauthorised use of the Emerge24 Services and/or the Emerge24 App; 2. If Emerge24 elects, at its discretion, to cease providing access to the Emerge24 Services and/or the Emerge24 App in the geographical location where the User resides or from where the User is attempting to access the Emerge24 Services and/or the Emerge24 App; or 3. In other reasonable circumstances as determined by Emerge24 at its discretion. The provisions of these Terms that are intended by their nature to survive the termination of the Emerge24 Services and/or the Emerge24 App will survive the termination thereof. 14. UPDATES The User accepts and agrees, by using the Emerge24 App, that Emerge24 has no obligation to maintain, support, upgrade, or update a Responder's app, or to provide all or any specific content through the Emerge24 App. The User further understands and agrees that we may access, collect, and use information, which may include personally identifiable information, which your mobile device automatically makes available to the Emerge24 App, consistent with our Privacy Policy, a copy of which is available on written request. 15. ARBITRATION This clause 15 is a separate, divisible agreement from the rest of the Terms and shall— 1. Not be or become void, voidable or unenforceable by reason only of any alleged misrepresentation, mistake, duress, undue influence, impossibility (initial or supervening), illegality, immorality, absence of consensus, lack of authority or other cause relating in substance to the rest of the Terms and not to this clause 15. Emerge24 and the User intend that any such issue shall be subject to arbitration in terms of this clause 15; and 2. Remain in effect subsequent to the termination of the User's use of the Emerge24 App and/or cessation of the Emerge24 Services. Save to the extent to the contrary provided for in these Terms, any dispute arising out of or in connection with the User's use of the Emerge24 App or arising from these Terms including, without limitation, any dispute concerning— 1. The existence of these Terms apart from this clause 15; 2. The interpretation and effect of these Terms; 3. The Parties' respective rights or obligations under these Terms; 4. The breach, termination or cancellation of these Terms or any matter arising out of such breach, termination or cancellation; and/or 5. Damages in contract, in delict, compensation for unjust enrichment or any other claim, whether or not the rest of these Terms apart from this clause 15 are valid and enforceable; shall be decided by arbitration as set out in this clause 15. Emerge24, Aura, its licensors, rAPPid and the User (“the Parties”) or (“Party”) as the context may indicate shall agree on the arbitrator. If agreement is not reached within 5 (five) business days after any Party in writing calls for agreement, the arbitrator shall be a practising senior counsel who is a member of the Johannesburg Bar Council of at least 15 (fifteen) years' standing, nominated at the request of any Party by the chairman for the time being of the Johannesburg Bar Council. The request to nominate an arbitrator shall be in writing outlining the claim and any counterclaim of which the Party concerned is aware and, if desired, suggesting suitable nominees for appointment, and a copy shall be furnished to the other Parties who may, within 5 (five) business days, submit written comments on the request to the addressee of the request. The arbitration shall be held in Johannesburg and the Parties shall endeavour to ensure that it is completed within 90 (ninety) working days after notice requiring the claim to be referred to arbitration is given. The proceedings in the arbitration shall, as far as practicable, take place in private and be kept confidential. The arbitration shall be governed by the Arbitration Act, No. 42 of 1965, as amended, or any replacement enactment and shall take place in accordance with the Uniform Rules of the High Court of the Republic of South Africa, or such other rules as the arbitrator may deem appropriate. The decision resulting from such arbitration shall, absent a manifest error, be final and binding upon the Parties and may be made an order of any court of competent jurisdiction. This clause 15 shall not preclude any Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator. Notice of a dispute or pending arbitration proceedings shall not entitle any Party to suspend compliance with any of its obligations in terms of these Terms. The costs of the arbitrator and the venue shall be borne by the Parties on an equal basis until the outcome of the arbitration and an award relating to costs is made. 16. ENDING A SESSION You must leave the Emerge24 App once you have finished using the Emerge24 Services. If you do not do this, unauthorised transactions may result, for which you will be liable. Emerge24 accepts no responsibility or liability for any circumstance where the User fails and/or neglects to end a session on the Emerge24 App. 17. MISCELLANEOUS These Terms shall be governed in all respects by and construed in accordance with the laws of the Republic of South Africa, and any dispute arising from these Terms and Conditions shall be subject to arbitration in accordance with clause 15 above. These Terms constitute the whole agreement between you and us as to the subject matter hereof and no agreement, representations or warranties between the User and Emerge24 other than those set out herein shall be binding on you or us. The agreement and undertakings of the Parties contained in these Terms shall each be construed as an agreement and undertaking independent of any provision of the Terms. Emerge24 and the User hereby expressly agree that it is not the intention of any Party to violate any public policy, statutory or common law, and that if any sentence, paragraph, clause or combination of the same is in violation of the law of the Republic of South Africa, such sentence, paragraph, clause or combination of the same alone shall be void in the jurisdiction where it is unlawful, and the remainder of such clause and these Terms shall remain binding upon the Parties thereto. Each Party acknowledges that it has been free to secure independent legal advice as to the nature and effect of all of the provisions of this agreement and that it has either taken such independent legal advice or dispensed with the necessity of doing so. The User shall not be entitled to cede any of its rights or delegate any of its obligations under this agreement to any other party without our prior written consent having first been obtained. Emerge24, Aura and rAPPid shall, at any time, in their sole discretion, be entitled to cede all or any of their rights in terms of these Terms to any third party without prior notice to you. This may in no way be construed as any release of your obligations in terms of these Terms.