These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the use of the software for mobile devices (hereinafter referred to as “App”) provided by HandHelp UG (haftungsbeschränkt), Sachsendorfer Straße 5, 03051 Cottbus and App-Sec-Network UG (haftungsbeschränkt), Gradestraße 36, 12347 Berlin with the same management and shareholders (hereinafter referred to as “HH”). You can reach us by phone: +49 (0) 35554788905 as well as +49 (0) 3022321574, fax: +49 (0) 35586697930 as well as +49 (0) 3022321537 and e-mail: support@my-buddyguard.de.
These terms and conditions apply to the app:
MyBuddyGuard©
hereinafter referred to as App.
Please read these GTC of the App carefully before registering or downloading and using the App.
Use of the app is only permitted if you agree to these GTC. With your confirmation of these GTC, a contract on the use of the app is concluded between you and HH. If you have any questions about the meaning of individual provisions in the GTC, please feel free to contact us via the aforementioned communication channels.
2.1
The app enables the initiation of rescue measures in emergencies. The app offers the possibility to trigger emergency messages at the touch of a button from “Police” or “Rescue”. The emergency message is transmitted to up to five recipients (trusted persons / ICE) to be determined by the user (w/m/d). This is done by an SMS with text and location message, date, time, the emergency type and number of persons. When sending e-mails, a photo and audio/voice documentation encrypted with a generated password is also transmitted with the personal and health-related data voluntarily deposited by the user. The trusted persons should always be deposited with mobile phone number and e-mail as contact. Furthermore, the following information is available in the e-mail: E-mail address and optionally a video telephony ID from the user and the battery status of the end device. The user will also receive an SMS and email as a receipt.
2.2
In addition, optional (see section 7) emergency centers (police, fire / rescue services) receive a voice SMS on the landline number, which includes an automated text message including the user’s callback number, and an emergency fax with all the information from the above email.
2.3
The emergency messages can also be used as a witness for protection for fellow citizens.
2.4
With the opening of the app by the user, two emergency buttons are basically available to the user at first:
The blue button is to be pressed when an emergency message is to alert the police.
The red button must be pressed if an emergency message is to alert the fire / rescue services.
2.5
In addition, the “Me” and “Other” keys are available. By pressing the “Me” key, the user makes it clear that the emergency is his or her own, i.e., that he or she is directly affected. With the “Others” key, the user makes it clear that it is an emergency for fellow citizens and that the user is therefore acting as a witness.
2.6
Pressing the blue “Me” emergency button automatically notifies the trusted third parties stored by the user in the app and optional police control centers according to automated text specifications. These emergency messages can be transmitted via SMS and e-mail according to user-defined settings of the app. Depending on the user-defined setting, the user’s position is automatically transmitted via GPS/GSM/WLAN and, if necessary, beacons, as well as a photo incl. sound/voice documentation of the emergency situation. At the same time, this information is transmitted to the user’s private e-mail as well as to optional police control centers including the personal and health-related information voluntarily stored by the user in the app additionally as a fax.
2.7
Pressing the blue “Other” emergency button automatically notifies the trusted third parties stored by the user in the app as well as optional police control centers according to automated text specifications. These emergency messages can be transmitted via SMS and e-mail according to user-defined settings of the app. Depending on the user-defined setting, the user’s position is automatically transmitted via GPS/GSM/WLAN and, if applicable, beacons, as well as a photo incl. sound/voice documentation of the emergency situation. At the same time, this information is transmitted to the user’s private e-mail and to optional police control centers, including the personal and health-related information voluntarily stored by the user in the app, additionally as a fax.
2.8
Pressing the red emergency button “I” automatically notifies the trusted persons stored by the user in the app as well as optional fire / rescue service control centers according to automated text specifications. These emergency messages can be transmitted via SMS and e-mail according to user-defined settings of the app. Depending on the user-defined setting, the user’s position is automatically transmitted via GPS/GSM/WLAN and, if necessary, beacons, as well as a photo incl. sound/voice documentation of the emergency situation. At the same time, this information is transmitted to the user’s private e-mail as well as to optional police control centers including the personal and health-related information voluntarily stored by the user in the app additionally as a fax.
2.9
Pressing the red “Other” emergency button automatically notifies the trusted third parties stored by the user in the app as well as optional fire / rescue service control centers according to automated text specifications. These emergency messages can be transmitted via SMS and e-mail according to user-defined settings of the app. Depending on the user-defined setting, the user’s position is automatically transmitted via GPS/GSM/WLAN and, if necessary, beacons, as well as a photo incl. sound/voice documentation of the emergency situation. At the same time, this information is transmitted to the user’s private e-mail as well as to optional police control centers including the personal and health-related information voluntarily stored by the user in the app additionally as a fax.
2.10
According to the standard setting of the app, the function of suppressing automatic phone number transmission to prevent misuse of emergency messages is blocked by the system. The user shall be solely liable for the consequences of any manipulation to circumvent the call number transmission.
2.11
In the event of a change of terminal device within the same operating system or SIM card, the User may reinstall his App on the respective App Store. The contractual relationship shall continue to exist.
2.12
To ensure the flawless and complete use of the app, it is the user’s responsibility to keep the end device with the activated location functions ready for operation at all times and to pay attention to the battery charge level. All functions of the app cannot be accessed when the end devices are switched off.
3.1
The app can be operated with the operating systems iOS from 9.0 and Android from 5.0. The prerequisite for use is that the User downloads the App from the Google Play Store or the Apple App Store (hereinafter each referred to as “App Store”). This requires an Apple ID or a Google account and the terms and conditions of the App Store from which the User has downloaded the App shall apply.
3.2
In the event of any conflict between (a) the App Store’s terms and conditions, terms of use, or end user license terms (“App Store Terms”) and (b) these TOS, the App Store Terms will prevail with respect to your use of the version of the App downloaded from the applicable App Store. Nothing in these TOS is intended or shall be construed to limit or modify the App Store Terms.
3.3
When downloaded from the Apple App Store, HH is the App provider and the App is a third party app. Therefore, HH is solely responsible for the content of the App, the warranty, and for any claims You may have with respect to the App. Apple has no obligation to provide any maintenance or support services with respect to the App.
3.4
When downloading from the Google Play Store, depending on the country in which the App is made available, Google may be your contractual partner with respect to the App. However, HH is responsible for any defects or performance issues with the App, including, without limitation, any warranty or claims you may have with respect to the App. Google has no obligation to provide any maintenance or support services with respect to the App.
3.5
As a User, you must ensure that the technical requirements specified in the App Store for downloading and using the App on your terminal device are met. The User undertakes to use the App only in the latest version available in the respective App Store (see also section 9.2). A new version is not associated with additional costs for the user. Information on the respective current version can be found in the respective App Store.
3.6
Downloading the app is free of charge for the user. The costs for using the app are governed by Section 7 of these GTC.
To use the app, the user must create a personal user account. Only one user account may be created per user. For the registration process in the app, the user fills out a registration form. Certain data will be requested in the process.
Please pay particular attention to our privacy policy regarding the data.
The user is obliged to provide all information correctly, completely and truthfully.
The app is aimed exclusively at consumers. The app may only be used for personal and not for commercial purposes. Passing on the content is expressly prohibited without the express consent in text form of HH.
HH strives to continuously develop the app. Therefore, individual functionalities may also be adapted during an ongoing subscription period. In doing so, HH will take into account the legitimate interests of the user. In particular for users with subscriptions, HH will ensure that the change essentially preserves the original relationship between performance and consideration, so that the change is reasonable for the user. A valid reason for a change in the service exists in particular if new technical developments make a change in the service necessary because the service can no longer be provided in the previous contractually agreed form or if newly enacted or amended statutory or other official or sovereign requirements necessitate a change in the service. A valid reason for a change in the service shall also exist if the change is necessary in order to take account of technical progress or to make technical adjustments and/or to ensure the future functionality of the service.
In the event of technical malfunctions or questions regarding the App, the User may contact the HH support hotline from Monday to Friday from 10:00 a.m. – 4:00 p.m.: +49 (0) 35554788905 as well as +49 (0) 3022321574. Only the costs for the use of the User’s telecommunications service will be charged. Furthermore, we are available at the following e-mail: support@my-buddyguard.de.
With the free basic version of the app, up to 5 (five) trusted persons / first responders can be alerted.
The paid Pro version (Premium) of the app (see section 7.2 below) allows the emergency call to be additionally routed directly to the police and fire department / rescue services in German-speaking countries (Germany, Austria, Switzerland, Lichtenstein) and in other foreign countries to the relevant embassies, consulates, foreign offices.
7.2.1
In the Pro Version (Premium) of the app, all services described can be used without restrictions. The Premium Version is available in a monthly subscription for € 1.99 / month. The User can obtain the Pro Version as an ad-free in-app purchase in the respective app store and – subject to a restriction in the terms and conditions of Apple or Google – install it on his end devices (smartphone/tablet) linked to the relevant Apple ID or Google account without additional in-app purchases.
7.2.2
The User may test the respective Pro Version (Premium) of the App free of charge.
The User shall immediately receive the full range of functions and may cancel at any time during the test phase in its App Store. In this case, the User will not incur any costs and the option to use the full range of functions will end at the end of the free trial period.
7.2.3
The termination option under Section 7.2.2 is in addition to the statutory right of revocation under Section 8 and the right of revocation shall not be affected thereby. The User may give notice of termination in his App Store on his own; the User may address the notice of revocation to the respective recipient specified in section 8.1 or 8.2.
7.2.4
After expiration of the free trial period, the contract may be terminated at any time at the end of the monthly subscription period in the respective App Store, otherwise the contract shall be automatically extended in accordance with the monthly subscription period selected by the User.
7.2.5
HH shall have a special right of termination vis-à-vis the User in the event of frequent cases of misuse by the User. An accumulation of cases of misuse is assumed if there are three or more cases of misuse reported by emergency centers (police, fire / rescue services, embassies, etc.). If the special right of termination is exercised, HH is entitled to immediately block or delete the rights of use and thus all services. In this case, there are no claims for reimbursement against HH.
All prices are inclusive of any applicable statutory value added tax.
The user may incur costs for Internet access (as well as mobile phone or roaming charges, if applicable) depending on his Internet provider.
8.1
In the case of a subscription via the Google Playstore, please direct any revocation to Google in accordance with the terms of use for the Google Playstore.
8.2
In the case of a subscription via the Apple Store, please address any revocation to Apple in accordance with the terms of use for the App Store.
9.1
The general statutory warranty rights apply.
9.2
HH points out that the functions of the App can only be used for the specified purposes in each case. Malfunctions caused by improper handling by the User, for example for use for other purposes, do not constitute a defect giving rise to warranty obligations. It is the sole responsibility of the user to keep his end device in a condition that allows the use of the services offered by HH. HH is therefore not liable for damages if, for example, the user has not kept his end device in a functional condition or the user has not ensured a sufficient supply of power to his end device. Further developments of the app as well as the elimination of any errors are taken into account by providing free updates. We recommend using the setting for automatic updates of the respective app store. HH’s liability for damages resulting from an old version is excluded if, at the time of the damage-causing use of the old app version, a more current version was generally available that did not contain the element causing the damage.
9.3
HH is not liable for services of third parties (e.g. mobile phone providers, network operators and other service providers). HH points out that neither the impairment nor the failure of transmission technologies can be excluded by HH.
9.4
The user is responsible for the correctness of the deposit of his personal data as well as for the data of his trusted third parties. The user may only use contact addresses of persons as recipients for emergency messages who agree to the sending of such emergency messages. If a recipient of an emergency message claims that he or she did not agree with the sending and asserts rights against HH, HH shall not be liable for any damages incurred due to incorrect or outdated contact data of the user.
9.5
HH shall not be liable for any damage caused by the User due to force majeure. “Force Majeure” means any event or circumstance beyond the possibility of HH’s control.
9.6
HH shall be liable without limitation for intent and gross negligence and for injury to life, body and health. HH shall only be liable for ordinary negligence in the event of a breach of material contractual obligations or the breach of a warranty. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose fulfillment the contractual partner has relied and could also have relied. In the event of a slightly negligent breach of material contractual obligations, the amount of liability shall be limited to the foreseeable, typically occurring damage. Liability under the Product Liability Act shall remain unaffected.
9.7
The above limitations or exclusions of liability shall also apply with regard to the liability of HH’s employees, representatives and vicarious agents, in particular also in favor of the owners, employees, representatives, bodies and their members, which affects their personal liability.
9.8
Any liability of HH beyond the liability according to clause 9 of these GTC is excluded. Guarantees in the legal sense are not assumed by HH.
Intentionally or knowingly making an unfounded emergency call is a criminal offense in Germany (§ 145 StGB). The misuse may also give rise to a liability to pay damages to the organizations involved and others. Misuse is also similarly punished in other countries.
In addition to these GTC, the “Privacy Policy” of HH shall also apply, which can be accessed here.
12.1
The App and the content contained therein are the property of HH or the property of third parties who have granted HH a corresponding license.
12.2
HH grants the User a limited, non-transferable, non-sublicensable, non-exclusive right to use the App for personal use in accordance with the HH Privacy Policy, these TOS, the User Manual and the App Store Terms (“Intended Use”). Any use outside the Intended Use requires the express consent of HH in text form. Insofar as the use of the App requires a subscription, the right of use shall only exist for the period in which a valid subscription exists.
12.3
If a third party asserts claims that the use of the App infringes intellectual property rights of this third party, HH alone and not the respective App Store is responsible for the investigation, defense, settlement and resolution of such claims for infringement of intellectual property.
13.1
The EU Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr.
13.2
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
14.1
HH reserves the right to amend these GTC for existing contractual relationships with effect for the future, insofar as this is necessary for good cause that was not foreseeable at the time the contract was concluded and insofar as the amendment preserves the original relationship between performance and consideration, so that the amendment is reasonable for the User.
14.2
Planned changes to the General Terms and Conditions for an ongoing contractual relationship shall be communicated to the User in text form, clearly highlighting the changes, at least six weeks before they are scheduled to take effect, and the User shall be asked for his consent to the new version of the General Terms and Conditions. If the User does not agree to the amendment within six weeks, HH shall be entitled to terminate the contract in writing or text form (e.g. by letter or e-mail). The user will be specifically informed of this in the notification of change. If the termination becomes effective during an ongoing paid subscription, HH will refund the costs for the remaining subscription period on a pro rata basis.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer and have your habitual residence in another country at the time of the conclusion of the contract, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
The status of these General Terms and Conditions is June 15, 2022.
With the assistance / preparation of the terms of service: Attorney Thorsten Reh (MEDIAS REHS)
Wir informieren dich, sobald der MyBuddyGuard verfügbar ist.
