General terms and conditions of BikerSOS GmbH
(effective from 01.01.2018)
Article 1. Scope and subject matter
(1) BikerSOS provides services to the following terms and conditions (T & C), which are being accepted by the customer before downloading (download) and using the Service. By agreeing to the Terms, the integrated data protection declaration in the Terms & Conditions is being accepted simultaneously.
(2) The validity of any general terms and conditions of the Customer is being excluded explicitly.
(3) BikerSOS operates a service that will be made available to the customer in the form of a mobile application (BikerSOS app) on his/her mobile phone (smartphone). The provided application offers users the possibility to capture and save their trips by bike. The recorded data includes location, speed, direction, acceleration and rotation. On the basis of this data, the app tries to detect whether an accident has happened and and sets an emergency call, if necessary.
(4) With the consent of the client, the data is being uploaded to a server in order to further develop the analysis algorithm. In case the customer uses the live tracking function, the location data can also be made publicly available or shared with social networks in the form of a special ID.
(5) The BikerSOS app can be dowloaded in the respective stores (App Store / Android Market uä.). The app or individual functions can be free of charge or subject to a charge; in case the services are subject to a charge, the current price can be seen in the respective store.
Article 2. Services of BikerSOS
(1) The BikerSOS app analyses location, speed, direction, acceleration and rotation of the customers and can detect a possible accident based on this information. By using the BikerSOS app it is neither guaranteed nor ensured that every accident is actually detected. Furthermore, no guarantee is given that in the event of an accident, emergency personnel arrives at the accident scene in time. By using the app BikerSOS, only the chances of a timely accident detection and therefore alerting the appropriate emergency services are increased. For this reason any liability for damages resulting from the non-detection of accidents is being explicitly excluded. Moreover BikerSOS assumes no liability that emergency services are on the accident scene in time or that appropriate rescue measures are taken.
(2) When an accident is being detected the BikerSOS app triggers a visual and audible alarm, which can be canceled manually within 45 seconds by the user. The alarm will also be canceled as soon as the BikerSOS app detects sufficient movement via the GPS signal.
With the free standard service, the app sends an emergency text including the position data to a central control center after the alarm sequence, if configured previously by the user.
When the customer uses the BikerSOS-Premium Service, the accident information is being sent to the BikerSOS Emergency Gateway (gateway) in form of a call via internet. The position data and a user identification is being transmitted. Afterwards the gateway sends a text message to the emergency contacts of the user. When reporting the accident by call the position is transmitted by means of DTMF and the user is being recognized by phone number, which has to be validated previously when you purchase the premium features.
For all mobile phones with iOS operating system, the alarm can only be sent via a phone call after user interaction with the app. After the alarm is triggered the customer will receive a notification, which has to be accepted by pressing the alarm button. Afterwards, the device has to be unlocked in case the code lock is activated. It is therefore recommended to disable the screen lock.
(3) The download of the standard version of BikerSOS app is free of charge. The alert of emergency contacts via text message is also free of charge. All arising expenses for calls that are made by the BikerSOS app as part of the alarm system or aborting an alarm, however, shall be borne by the customer.
(4) In order to use the premium service it is necessary to obtain a weekly, monthly or annual paid subscription. The subscription can be obtained in the menu item “Settings > Premium Service”. The purchase is made via the Apple AppStore or Google Play Store.
(5) The customer has the possibility to store his or her medical data in the BikerSOS app (Settings -> Medical Data) as well as emergency contacts. By entering this information, the customer agrees that the data is being uploaded to a server, displayed on the smartphone screen and given to the emergency personnel or the emergency contact in order to provide them with better information for the respective rescue measures in the case of an accident. The uploaded data is being made publicly available with a special ID, which is generated for each emergency notification.
(6) For the iOS App the emergency notification via online text message is sent to the previously mentioned phone numbers via text message. Therefore the users of the iOS app require an active internet connection, so that the alarm notification is possible. This is explicitly accepted by the customer.
(7) BikerSOS reserves the right to change the application that is provided to the customer at any time in a reasonable manner to the customer, in order to further develop and improve the service.
Article 3. Availability
(1) The use of the BikerSOS App is depending on inputs of third parties, particularly GPS availability, sensor availability, power and processing power of the customers’ smartphones and the availability of the online connection, transmission of DTMF tones, as well as other factors that do not lie in the sphere of BikerSOS. Therefore Biker SOS does assume no liability for those inputs or any related service disruptions. The customer is particularly not entitled to a constant and continuous availability of the application. Any damages and / or warranty claims due to a service interruption or a disaster, from whatever reason, are explicitly excluded.
In this context is also noted that not all mobile operators, telecom operators or infrastructure managers support DTMF transmission or ensure error-free transmission.
(2) BikerSOS reserves the right to stop the provided service at any time. The customer is not entitled to a timely unlimited use of BikerSOS Services.
(3) The emergency center alerting which can be purchased via the premium in-app purchase is available in the following countries: EU Member States (as of 01/06/2016), Switzerland, Liechtenstein, USA, Canada and Australia. When an alarm is set from a country that does not support the service, the alarm notification can not be guaranteed.
Article 4. Obligations of the User
(1) The customer agrees to use the app BikerSOS (services of BikerSOS) for private purposes only. The customer is prohibited from integrating services of BikerSOS in full or in part in other offers or from using services of BikerSOS App (BikerSOS Service) for their own purposes or purposes of third parties commercially – regardless of whether it is private or commercial offers unless a written consent of BikerSOS is existing. Furthermore, the customer is obligated to truthfully provide the registration data and not to disclose the data to third parties.
(2) It is explicitly declared that not BikerSOS but the customer himself or herself is the contracting authority for any occurring emergency services through the use of BikerSOS app. The customer is therefore liable for all costs, expenses and damages that are arising for BikerSOS or third companies and rescue organization due to false alarm notifications by the user and the user has to indemnify and hold BikerSOS harmless therefrom.
In order to avoid incorrect and unnecessary alarm notifications, the customer agrees, by using this app, to continuously monitor the mobile phone (screen and speakers) and to react in case of a false alarm and cancel the emergency immediately.
In addition, the customer is obliged to refrain from any misuse of the BikerSOS app (BikerSOS Services), in particular the simulation of accidents in any manner and the deliberate triggering of false alarms.
Moreover, the customer has to refrain from circumventing security measures of BikerSOS service and / or to use or execute applications that can cause damage to the device and / or lead to a functional failure of the Services. The customer is liable for any damages that could arise for BikerSOS due to the violation of these obligations.
(3) The customer agrees, when using the Premium Service, to deactivate number suppression and in case of obtaining a new phone number for the device on which the BikerSOS app is installed, to confirm (validate) the new number. Only in this way it is possible to identify the user in case of an alarm notification.
With the use of the premium services of BikerSOS the customer agrees that callbacks from the emergency call center are only available in German and English. In case a verbal communication between the emergency call center and the user of the service is not possible, the alert is being started. The user hast to bear any adverse consequences hereof.
(4) If the customer violates the regulations of these terms and conditions and / or there is a reasonable suspicion of such an infringement, BikerSOS is entitled to exclude the respective customer and optionally delete the content used by him and addressed to him. For any damages arising for BikerSOS from the violation, the customer is liable separately.
By using the services of BikerSOS the customer agrees to the collection, storage and processing of his personal data, including the localization of his or her current location and acknowledges to BikerSOS the right to use all transmitted, stored and published data contents. BikerSOS is therefore entitled to use all data provided by the customer in the course of the service of BikerSOS or the country-specific regulations and to forward these data to emergency center partners from BikerSOS and to the user’s selected private emergency contacts in case of an emergency. According to the acceptance of these terms, BikerSOS can notify a user within the provided E-Mail address regarding news for this service. A user can sign off this service in every newsletter which is received.
(2) The medical data, which is stored by the customer himself, is transferred to a server and stored and can be accessed by the user after a registration and login on www.bikersos.com/login.
Emergency center partners from BikerSOS and private emergency contacts who are chosen by the user will receive this information in case of an emergency regardless of a users registration. With the activation of the BikerSOS app and disclosure of the relevant medical records, the customer explicitly agrees to the use of this data for the purpose mentioned.
(3) Information on Data:
According to the data protection regulations, every customer has the right to obtain information about his stored data free of charge. For questions regarding the collection, processing or use of data or for inquiries regarding adjustment of data, blocking and / or deletion of data, the customer can contact our support team (email@example.com).
(4) The domain bikersos.com uses Mouseflow to improve usability. This is a webtool from Mouseflow ApS, Flaesketorvet 68, 1711 Kopenhagen, Denmark, in ordert to randomly record individual visits (only with anonymous IPAdresses).
According to that, a protocol of the mouse movements, mouseclicks and keyboard interactions with the intention to randomly replay and evaluate in form of heatmaps and therefore deviate potential improvements for the website. Data captured by Mouseflow are not related to any person and are not handed over to any third party.
The storage and processing of the recorded data happen in the EU. If you do not want to be recorded by Mouseflow, this can be restricted for all websites using Mouseflow within the following link: https://mouseflow.de/opt-out/
(5) Amendments to these rules:
Article 6. Disclaimer
(1) The use of the offer of BikerSOS is solely at the customer’s own risk. On the part of BikerSOS is neither assumed liability for the timely detection of an accident nor for the initiation of appropriate emergency measures. By using the app BikerSOS it is only that the chances of timely accident detection and alerting the appropriate emergency measures are increased.
(2) In addition BikerSOS is only liable for damages caused by gross negligence or intent. In case of slight negligence BikerSOS is only liable in terms of loss of life, body and health – unless that liability is not omitted according to item (1) anyway.
Liability of BikerSOS for consequential damages, mere financial losses, lost profit as well as incurred damages from claims of third parties (in particular by any false alarms) is expressly excluded.
(3) BikerSOS assumes no liability for damages caused by third parties. This includes mainly, but not exclusively, the phone number provider (currently Twilio Inc, 645 Harrison Street, Third Floor, San Francisco CA 94107), the text message provider (IXOLIT GmbH Mariahilferstraße 77-79, A- 1060 Vienna, Austria) the cloud and server operator (Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043).
Article 7. Changes to Terms
Any changes of the Terms towards the customer can only become effective with the customers’ consent. The consent shall be deemed granted if BikerSOS notifies the customer via a message in the most current version of the app, and the customer does not object within one month and the legal consequence is clearly pointed out in the message.
Article 8. Applicable Law / Jurisdiction
(1) These terms and conditions and all legal relationships and disputes between BikerSOS and the customer are exclusively subject to Austrian law excluding the law rules of the UN purchase right.
(2) Place of fulfillment and exclusive jurisdiction for all disputes is the competent court in Linz, Austria.
Article 9. Final Provisions
The illegality, invalidity or unenforceability of provisions of these Terms shall not affect the legality, validity or effectiveness of the remaining provisions. Instead of the ineffective or invalid provision, a regulation, which comes closest to the economic purpose of the deleted provision will become effective