Terms and Conditions

General Terms and Conditions of App-Sec-Network UG (limited liability)

1. scope of application

These General Terms and Conditions of Business (hereinafter referred to as “GTC”) apply to the use of the software for mobile end devices (hereinafter referred to as “Apps”) provided by App-Sec-Network UG (limited liability), Gradestraße 36, 12347 Berlin (hereinafter referred to as “ASN”). You can contact us by phone: +49 (0) 30 22321574, fax: +49 (0) 30 22321537 and e-mail: support@app-sec.de

These GTC apply to the following Apps:

– HandHelp™
– HandHelp™ – Life Care
– WIS Emergency

Details of the difference between the Apps can be found in clause 7.

Please read these GTC of the App(s) carefully before registering or downloading and using the App(s).

Use of the app(s) is only permitted if you agree to these GTC. With your confirmation of these GTC, a contract on the use of the app(s) is concluded between you and ASN. 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. Object of the apps / functional description

2.1 The Apps enable the initiation of rescue measures in emergencies. The apps offer the possibility to initiate rescue measures in emergencies by pressing the HandHelp™ “HELP ! -button of App-Sec-Network® to trigger emergency messages. 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 sound/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 terminal device. The user also receives an SMS and e-mail as a receipt.

2.2 In addition, optional emergency centres (police, fire/rescue services, embassies/consulates) receive a voice SMS on the landline number containing an automated text message including the user’s callback number and an emergency fax with all the details from the above-mentioned e-mail.

2.3 The emergency messages can also be used as a witness for the protection of fellow citizens.

2.4 By pressing the HELP ! – button by the user, two emergency buttons are initially available to the user:

The blue button is to be pressed if an emergency message is to alert the police.

The red button is to be pressed if an emergency message is to alert the fire brigade / rescue services.

2.5 In addition, the “I” and “Other” buttons are available. By pressing the “I” button, the user makes it clear that the emergency is his or her own, i.e. that he or she is directly affected. By pressing the “Others” button, 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 emergency button “I” automatically notifies the trusted third parties stored by the user in the app and optional police control centres according to automated text specifications. These emergency messages can be transmitted by 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 centres, including the personal and health-related information voluntarily stored by the user in the app, additionally as a fax.

2.7 When the blue emergency button “Other” is pressed, the persons of trust stored by the user in the app and optional police control centres are automatically notified according to automated text specifications. These emergency messages can be transmitted by 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 centres, including the personal and health-related information voluntarily stored by the user in the app, additionally as a fax.

2.8 When the red emergency button “I” is pressed, the trusted persons stored by the user in the app as well as optional fire brigade / rescue service control centres are automatically notified according to automated text specifications. These emergency messages can be transmitted by 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 centres, including the personal and health-related information voluntarily stored by the user in the app, additionally as a fax.

2.9 When the red emergency button “Other” is pressed, the persons of trust stored by the user in the app as well as optional fire brigade / rescue service control centres are automatically notified according to automated text specifications. These emergency messages can be transmitted by 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 as well as to optional police control centres including the personal and health-related information voluntarily stored by the user in the app additionally as a fax.

2.10 After the app has been set as standard, the function of suppressing the automatic call 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 In order to ensure the flawless and complete use of the app(s), 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(s) cannot be accessed when the end devices are switched off. 3.

3. Downloading and using the app(s) – Principles

3.1 The app(s) can be operated with the iOS and Android operating systems. The prerequisite for use is that the user downloads the app(s) 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 you download the App apply.

3.2 In the event of any conflict between (a) any terms and conditions, terms of use, or end user license terms of the App Store (“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, ASN is the App Provider and the App is a Third Party App. Therefore, ASN is solely responsible for the content of the App, the warranty and for any claims you may have in relation to the App. Apple has no obligation to provide any maintenance or support services in relation to the App(s).

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, ASN is responsible for any defects or performance issues with the App, including but not limited to any warranty or claims you may have with respect to the App. Google has no obligation to provide any maintenance or support services in relation to the App(s).

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 clause 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 apps is free of charge for the user. The costs for using the app are governed by section 7 of these GTC.

4. Use of the app(s)

4.1 Registration

In order to use the app(s), the user must create a personal user account. Only one user account may be created per user. For the registration process in the app(s), the user fills out a registration form. Certain data will be requested in the process.

Please note our data protection declaration in particular with regard to the data.

The user is obliged to provide all information correctly, completely and truthfully.

4.2 No commercial use / no passing on of content

The app(s) are aimed exclusively at consumers. The app(s) 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 ASN.

5. Further developments

ASN endeavours to continuously develop the app(s). Therefore, individual functionalities may also be adapted during an ongoing subscription period. In doing so, ASN will take into account the legitimate interests of the user. In particular for users with subscriptions, ASN 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.

6. Support

In the event of technical faults or questions regarding the app, the user can contact the ASN support hotline from Monday to Friday from 10:00 – 16:00: +49 (0)30 22321574. In this case, only the costs for the use of the user’s telecommunication service are incurred. Furthermore, we are available at the following e-mail address: support@app-sec.de

7. Costs of the app, sales tax, payment processing

7.1 Free use

With the free basic version of HandHelp™ – Life Care, up to 5 (five) trusted persons / first aiders can be alerted.

The premium version of HandHelp™ (see section 7.2 below) also allows the emergency call to be forwarded directly to the police and fire brigade / rescue services in German-speaking countries (Germany, Austria, Switzerland, Lichtenstein) and to the relevant embassy in other countries.

7.2 Chargeable use

7.2.1 In the Premium Version HandHelp™ all described services can be used without restrictions. The Premium Version is available as a monthly subscription for 1.99 € / month and as an annual subscription for 19.99 € / year. The User can obtain both Premium Versions 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 them 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 can test the respective premium full version of HandHelp™ for 7 days free of charge.

The user immediately receives the full range of functions and can cancel at any time during the test phase in his App Store. In this case, there are no costs for the user and the possibility to use the full range of functions ends with the end of the free trial phase.

7.2.3 The option to cancel in accordance with clause 7.2.2 is in addition to the statutory right of cancellation in accordance with clause 8 and the right of cancellation is not affected by this. The User may terminate the contract in his App Store on his own; the User may address the revocation to the respective recipient specified in clause 8.1 or 8.2.

7.2.4 After expiry of the free trial period, the contract may be terminated at any time at the end of the respective subscription period (month or year) in the respective App Store, otherwise the contract shall be automatically extended in accordance with the subscription period selected by the user.

7.2.5 ASN 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 centres (police, fire brigade/rescue services, embassies). If the special right of termination is exercised, ASN is entitled to immediately block or delete the rights of use and thus all services. In this case, there shall be no claims for reimbursement against ASN.

7.3 Value added tax

All prices include the statutory value added tax, if applicable.

7.4 Costs for Internet access

Depending on his Internet provider, the user may incur costs for Internet access (as well as mobile phone or roaming charges, if applicable).

8. right of withdrawal

8.1 In the case of a subscription via the Google Playstore, please address any cancellation 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, you shall be entitled to a right of revocation vis-à-vis ASN in accordance with the statutory provisions. The following cancellation policy applies in this respect:

Right of withdrawal

You have the right to revoke this contract within fourteen days without stating any reasons.

The revocation period is fourteen days from the day of the conclusion of the contract.

In order to exercise your right of revocation, you must inform us, App-Sec-Network UG (limited liability), Gradestraße 36, 12347 Berlin (phone: +49 (0) 30 22321574, fax: +49 (0) 30 22321537, e-mail: support@app-sec.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).
-to App-Sec-Network UG (limited liability), Gradestraße 36, 12347 Berlin (Fax: +49 (0) 30 22321537, e-mail: support@app-sec.de):
-I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
-Ordered on (*)/Received on (*)
-Name of the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only in the case of a paper communication)
-Date
__________
(*) Delete where inapplicable.

9. Liability

9.1 The general statutory warranty rights apply.

9.2 ASN points out that the functions of the App(s) 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 justifying 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 ASN. ASN is therefore not liable for damages if, for example, the user has not kept his end device in a functioning condition or the user has not ensured a sufficient supply of power to his end device. Further developments of the app(s) as well as the elimination of any errors will be taken into account by providing free updates. We recommend that you use the setting for automatic updates of the respective app store. ASN’s liability for damages from an old version is excluded insofar as, at the time of the damage-causing use of the old App version, a more up-to-date version was generally available which did not contain the element causing the damage.

9.3 ASN is not liable for the services of third parties (e.g. mobile phone providers, network operators and other service providers). ASN points out that neither the impairment nor the failure of transmission technologies can be excluded by ASN.

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/she did not agree to the sending and asserts rights against ASN, ASN shall not be liable for damage caused by incorrect or outdated contact data of the user.

9.5 ASN is not liable for any damage caused by the user due to force majeure. “Force majeure” means any event or circumstance beyond the possibility of ASN’s control.

9.6 ASN is liable without limitation for intent and gross negligence and for injury to life, body and health. ASN shall only be liable for simple negligence in the event of a breach of essential contractual obligations or the breach of a guarantee. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract and on whose fulfilment the contract 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 remains unaffected.

9.7 The above limitations or exclusions of liability shall also apply with regard to the liability of the employees, representatives and vicarious agents of ASN, in particular also in favour of the owners, employees, representatives, organs and their members, which concerns their personal liability.

9.8 Any liability on the part of ASN in excess of the liability in accordance with clause 9 of these GTC is excluded. ASN shall not assume any guarantees in the legal sense.

10. Notice of the consequences of an unfounded emergency call

The intentional or knowing making of an unfounded emergency call constitutes a criminal offence in Germany (§ 145 StGB). The misuse may also give rise to a liability for damages towards the organisations involved and others. Misuse is similarly punished in other countries.

11. Data protection

In addition to these General Terms and Conditions, ASN’s “Privacy Policy” also applies, which can be accessed here.

12. Copyright / Intellectual Property

12.1 The App(s) and the content contained therein are the property of ASN or the property of third parties who have granted ASN a corresponding licence.

12.2 ASN grants the user a limited, non-transferable, non-sublicensable, non-exclusive right of use for the personal use of the App(s) in accordance with the ASN Privacy Policy, these T&Cs, the User Manual and the App Store Terms and Conditions (“Intended Use”). Any use outside the intended use requires the express consent of ASN 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 Should a third party assert claims that the use of the App(s) infringes the intellectual property rights of this third party, ASN alone and not the respective App Store shall be responsible for the investigation, defence, settlement and discharge of such claims for infringement of intellectual property.

13. Online Dispute Resolution Platform / Consumer Arbitration Board

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. Changes to the GTC

14.1 ASN reserves the right to amend these GTC for existing contractual relationships with effect for the future, insofar as this is necessary for a valid reason which was not foreseeable at the time of the conclusion of the contract and insofar as the original relationship between performance and consideration is maintained by the amendment, so that the amendment is reasonable for the user.

14.2 A valid reason for the amendment of these general terms and conditions of contract shall exist in particular if this is necessary to adapt to developments which ASN has not caused and the non-observance of which would disturb the balance of the contract to a not insignificant extent. A valid reason shall also be deemed to exist if the adjustment closes loopholes that have arisen after the conclusion of the contract and that cause not insignificant difficulties in the performance of the contract, if the case law on the effectiveness of provisions changes, if one or more provisions of these General Terms and Conditions of Contract (or comparable provisions) are declared invalid by the case law or if a change in the law leads to the invalidity of one or more provisions of these General Terms and Conditions of Contract.

14.3 Planned changes to the General Terms and Conditions for an ongoing contractual relationship will 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 will be asked to agree to the new version of the General Terms and Conditions. If the user does not agree to the amendment within six weeks, ASN shall have the right to terminate the contract in writing or text form (e.g. by letter or e-mail). The user shall be specifically informed of this in the notification of change. Should the termination take effect during an ongoing subscription subject to a charge, ASN will refund the costs for the remaining subscription period on a pro rata basis.

15. Applicable law

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 usual place of residence in another country at the time of conclusion of the contract, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

16. Status of the General Terms and Conditions

The status of these General Terms and Conditions is 08 July 2021.

Preparation of the GTC: Lawyer Thorsten Reh (MEDIAS REHS)

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