Terms of use of the panSOS application

Terms of use of the panSOS application

General

Thank you for choosing the panSOS mobile application, hereinafter referred to as “app”.

The application has been created in order to permit immediate emergency calls since when someone is being attacked, he/she is not always able to react, let alone make an emergency call. The panSOS application automatically sends an emergency signal.

The founders and owners of the application are:

Maria & Stergios Athanasiou

Marktstr. 17

71254 Ditzingen

Germany

Mobile Phone: +49 157 71 96 96 71

E-Mail: info@pansos.gr

The application provides an interactive dynamic platform through which the user can update his/her security conditions by identifying his/her geographic location using the GPS coordinates at a given time that he/she sets.

Access, installation on the user’s device and use of the application are governed by the following terms of use, hereinafter referred to as “terms”, which constitute a legally binding agreement between the user and the owners of the application, hereinafter referred to as “administrators”, valid as if it has been signed.

The user should read the terms carefully and use the application only if he or she fully accepts them, including the privacy policy, and if he/she totally agrees to them. Installing and using the app as well as accessing the application’s website are governed by these terms of use in conjunction with our privacy policy.

If a user does not agree with these terms, he/she must not install the application file on his/her device, must not use the application or/and delete it directly from his/her device and not use it in any way. By installing the application file on his/her device, the user acknowledges and accepts that he/she has read, understands and agrees without limitation or reservation to be totally bound by these terms of use, including the privacy policy and any future modifications thereof. The user is obliged to be constantly informed of changes in the use of the application by referring to the terms of use of the application and the privacy policy.

The user accepts that the application is provided “AS IT IS” (per se) and “AS AVAILABLE” without any guarantee of appropriateness, uninterrupted availability, data security for the specific purpose created, in accordance with the specifics set forth in the following chapters. The user’s personal requirements and needs may not be met by the application. Subject to applicable laws, the administrators disclaim any responsibility for the malfunction of the application.

Installment and right to use the application

The application can be used by people aged 16 and over, provided they have legal capacity. However, if the application is used by a person who has reached the age of 16 but not the age of majority in order to use the application, the consent of the persons exercising his custody is required. In this case, the persons exercising custody of the minor become fully responsible for the use of the application by the minor. Persons exercising parental responsibility and custody of the minor who has reached the age of 16 but not the age of majority shall give their consent to the processing of the personal data of the minor as specified in the Personal Data Protection Policy.

Persons who have the parental responsibility, legal care or custody of the minor agree to supervise any use of the application by the minor, whether by his or her own device or by a device belonging to the minor.

If the legal system to which the user belongs limits the ability to download or use the application or content due to age, the user will have to comply with the applicable age limits of the laws of his or her country of residence and not install the application. Administrators are not responsible for the use of the application by persons who have not reached the required age limit in accordance with the applicable law.

In order to install, activate and use the application, the user does not need to create an account by providing his or her personal data (name, home address, gender, age, etc.) or to have a specific login password.

The application can make emergency calls based solely on data (phone numbers, E-Mail addresses – E-Mail) provided by the users themselves. Users are solely responsible for the accuracy and completeness of the recipients’ (Recipients’ phone numbers/E-Mail) data they provide to the application. Administrators cannot verify the accuracy of the data provided, nor can they be held accountable for typographical, spelling or other errors of the above mentioned data.

The application is available to users for free. If the mobile service provider of the user requires a fee to be paid for the installation and use of the application, the responsibility to pay lies solely with the user. In any case, the user is charged the cost of using the device (connection fees, monthly card fees, etc.).

Availability, restrictions from using GPS/SMS/E-Mail

If the user’s device does not display the correct user’s location in the application, the user is solely responsible for correcting his/her position so that it is displayed accurately in the application before timer activation and re-use of the application. Administrators are not responsible for the accuracy of the information provided via GPS. The user acknowledges and accepts that the application is subject to the following restrictions: a) prolonged use of the GPS may exhaust the battery; b) the recipient of the emergency signal may, due to the wrong coordinates, localize the victim at the wrong place; c) and the accuracy of GPS coordinates depends on the availability of the telecommunication signal, internet connection, the device technical features, the device tracking service, the geographic position of the user as well as environmental or topographical data such as tunnels, mountains, thick bushes or tall buildings.

Sending SMSes and E-Mails is subject to the following restrictions: a) The availability of an SMS/E-Mail service depends on the coverage of the user’s mobile network, the available account credit, the features of the device, the settings set by the user on the device. b) The administrators cannot guarantee that SMS/E-Mail will always reach the selected number/E-Mail address.

In view of the above, the user recognizes that the application is intended for auxiliary operation in case of emergency and cannot guarantee that it will bring the result that the user wants.

Disclaimer – Limitation of Liability

Administrators shall take all appropriate and reasonably foreseeable measures so that the data and information contained in the application is complete, accurate and reliable. Administrators do not guarantee the correctness, completeness, reliability or accuracy of the above data and information and are not liable to the users or third parties for any damage caused by erroneous or inaccurate data.

Administrators make every effort to ensure that the app and all its content are accessible/securely available at any time without interruption, but without guaranteeing the user’s uninterrupted and continuous access to the application. Administrators have no liability, including negligence, for the unavailability or limited time of the application, any difficulty or inability to download the application file, or illegal third party interference with the application (e.g., interception of personal data, decryption of codes, data) in the event of force majeure or if, despite the security measures in place, viruses or other harmful software are detected and transmitted to users’ devices.

Administrators have no responsibility in the event of temporary downtime due to technical repair, application maintenance, or its software upgrade.

The user bears the risk of using the application, which he/she must use in accordance with good faith and fair dealing. The user is responsible and liable to the administrators and their partners for all damages resulting from the unfair or inconsistent with these terms use of the application services. The user guarantees that the phone numbers and E-Mail addresses of the recipients he/she registers within the application correspond to their rightful owners. The user is solely responsible for damages caused to his/her device and for any loss of data on it resulting from the use of the application, excluding any liability of the administrators.

The administrators bear no responsibility for damages (direct or indirect, positive or negative), which include indicatively but are not limited to, loss of profits and data, compensation, costs, non-pecuniary damage, etc.), any civil or criminal demand, including reasonable legal costs or financial penalties, related to the use of the application by the user or any third party, due to any of the above-mentioned reasons for unavailability or limited time of the application, regardless of whether the administrators were previously notified by the user/third party, knew or could have foreseen the possibility of damage, civil/criminal demand and therefore constitutes a violation of the present terms and conditions.

Administrators, with the exception of the content of automated SMSes and E-Mails, are not responsible for any transmitted information sent by the user himself/herself through the application in any way (telephone, SMS, E-Mail), which may include inaccurate, erroneous, threatening, scandalous, defamatory or abusive content, words or symbols that are offensive either in general or to individuals of a particular race, nationality, religion, sexual orientation or socio-economic group. It is forbidden to transmit or append similar messages or information as well as those which result in or may incur criminal or civil liability. It is forbidden to use the application for sending Spam E-Mails (spamming) and for any action that may be considered malicious.

Administrators declare that they will cooperate with any police or judicial authority to disclose the identity of any user transmitting such or illegal material or information through the application.

The content of the SMSes and E-Mails that is freely filled in by the user himself/herself shall not be subject to a pre-qualification check by the administrators. Administrators are not obliged to monitor or control the accuracy of information provided by users. Administrators only have access to E-Mails sent by users.

Administrators do not guarantee the effective operation of the application in organized offshore, airborne or marine rescue operations by any operator or in precarious situations where there is a risk of death, serious injury, natural or environmental disaster. The application is not suitable for use in navigation systems, aircraft connection, or any other related activity.

Violation of terms

Administrators have the right to refuse the possibility to use the app to a user if the latter violates the terms of use of the application individually or systematically.

Intellectual property rights

The entire content of the application, including but not limited to trademarks, logos, texts, images, drawings, graphics and design depictions, navigation icons, audiovisual works, software source code, except for the corresponding intellectual/industrial property rights of third parties (manufacturing company, partners, third entities) constitutes the original intellectual creation and intellectual property of its administrators and is therefore protected under Greek law by the provisions of Law 2121/1993 “on the Protection of Intellectual Property and Related Rights”, as amended and currently in force, in accordance with the provisions of European law and the international conventions and treaties on intellectual property signed by Greece. Any partial or total copying, reproduction, distribution, storage and any related action of the aforementioned elements of the application without the prior express written consent of the administrators is expressly forbidden. In the event of violation of the above, in addition to the penalties and sanctions provided by law, the administrators reserve the right to claim compensation for any positive or consequential damages they have sustained in accordance with the applicable legislation.
The application and its software are available for the user strictly for personal non-commercial use in accordance with these terms and conditions. All acts of copying, reproducing all or part of the application, software or source code, distributing, modifying or using the application for commercial purposes or for any commercial or competitive activity without the prior written permission of the administrators is forbidden.

Any third party features appearing in the application (e.g., logos, trademarks, etc.) constitute intellectual property of their owners.

Using trademarks and logos contained in the application without the written permission of the administrators or third parties is forbidden.

The following images are intellectual property of the United States government agency NASA and are available in the application and on its website with the consent and permission of NASA:

01 – Caribbean Sea Viewed From the International Space Station

https://www.nasa.gov/content/caribbean-sea-viewed-from-the-international-space-station

02 – Good Morning From the International Space Station

https://www.nasa.gov/image-feature/good-morning-from-the-international-space-station-1

03 – Morning Aurora From the Space Station

https://www.nasa.gov/image-feature/morning-aurora-from-the-space-station

04 – Watching the Aurora From Orbit

https://www.nasa.gov/image-feature/watching-the-aurora-from-orbit

05 – Beams of Light on a Golden Lake

https://www.nasa.gov/image-feature/beams-of-light-on-a-golden-lake

06 – Great Barrier Reef Near Whitsunday Islands

https://www.nasa.gov/image-feature/great-barrier-reef-near-whitsunday-islands

07 – Earth Art in Northwestern Australia

https://www.nasa.gov/image-feature/earth-art-in-northwestern-australia

08 – Disappearing Act

https://www.nasa.gov/multimedia/imagegallery/image_feature_1901.html

09 – Seeing Beyond the ‘Monkey Head’

https://www.nasa.gov/jpl/pia19836/seeing-beyond-the-monkey-head

10 – Active Regions on the Sun

https://www.nasa.gov/image-feature/active-regions-on-the-sun

11 – Holiday Lights on the Sun

https://www.nasa.gov/content/holiday-lights-on-the-sun-imagery-of-a-solar-flare

The following images are intellectual property of Depositphotos.com and are available in the application and on its website with the consent and permission of Depositphotos.com:

https://de.depositphotos.com/131148220/stock-illustration-stopwatch-on-white-background.html

https://de.depositphotos.com/13714347/stock-illustration-digital-stop-watch.html

https://de.depositphotos.com/83547506/stock-illustration-set-of-colored-buttons.html

https://de.depositphotos.com/66093193/stock-illustration-set-of-colored-buttons.html

https://de.depositphotos.com/4899756/stock-illustration-colorful-metal-buttons.html

https://de.depositphotos.com/106367274/stock-illustration-realistic-black-switches-with-backlight.html

Hyperlinks

The application may include hyperlinks to other websites (websites, applications, etc.) that are not under its control but are controlled by third parties.

By clicking on Facebook and YouTube icons/links which are available on the app’s website, the user goes to the relevant app-related sites for the content, services, and mode of operation that the app is not responsible for. In this case the user must accept the corresponding terms of use available in the above applications respectively, in addition to the present terms.

If users or visitors of the application log on by signing up on Facebook, YouTube/Google websites, these companies may link to the profile of the user all or part of their online activity, for example the number and type of web pages visited by the user/visitor, the time spent on them, search information, etc. If the visitor/user wants to prevent this, he/she must disconnect from Facebook and YouTube/Google before visiting the application’s web pages.

Administrators do not control the availability, content, terms of management and privacy policy, nor guarantee the quality and completeness of other sites’ services for their continuous and secure accessibility.

For any problem arising during the visit/use of such hyperlinks and for any financial or other damage sustained by the user, he/she must address directly to the respective websites, who are solely responsible for the provision of their services, excluding any liability of the administrators.

There will be no third-party ads on the app. Third-party ads are allowed on the app’s website. In case of advertising, administrators have no responsibility for the communication between the user and third-party advertisers.

Terms Modification – Application Modification

These terms may at any time be modified or supplemented without any notice. The updated terms apply directly from their online availability. Users are required to check themselves the content of any modifications/changes to the terms. In the case of Google Play, users can be informed either by occasionally referring to the terms available online on Google Play or by automatic updates, if they have activated the relevant option. In the case of the iOS App Store, there is no automatic update and users should periodically refer to the terms available online.

Part of or the whole application, its external configuration (interface), its structure or its configuration and its technical specifications may at any time be modified or upgraded unjustifiably without any notice. The application may at any time be terminated or suspended.

Jurisdiction, applicable law and other terms

These terms apply when using the app by installing it on a device with the appropriate software.

These terms and any subsequent amendment are governed and supplemented by Greek law, European Union law and relevant international treaties.

By accepting these terms, the user accepts the exclusive jurisdiction of the Courts of Thessaloniki. For any dispute arising between panSOS and any user regarding the operation and use of the application, an out-of-court attempt and a Compromise procedure are necessary prior to any trial.

All the above terms are agreed as essential. No modification of these terms will be taken into account and be part of them unless expressed in writing and incorporated into them. If any provision of these terms becomes contrary to Law, it automatically ceases to be valid and is removed from the present, without in any case undermining the validity of the other terms. All these terms constitute the entire agreement of the parties that is binding only on them. All these terms of use override any prior written or oral agreement between the parties.

The original Greek version of these terms has been further translated into different languages. The user cannot derive rights from the translated version. In the event of a dispute over the content or interpretation of the present terms or inconsistency or discrepancy between the Greek version and any other language version of these terms, the Greek version of the Terms prevails, subject to any contrary provision.

Communication

For any problem regarding these terms, please contact panSOS at info@pansos.gr

panSOS | Terms of use of the panSOS application