Terms of use of Emcomy

1. scope of application, subject matter of the contract of use, general information

 

  1. Emcomy GmbH, represented by its managing director Björn Walter, Hardenstr. 25a, 80935 Munich – hereinafter referred to as „Emcomy“ – operates the online portal Emcomy. Emcomy stands for „emergency communicator“ and is a web-based communication system designed to inform friends, family and colleagues in the event of an emergency. For this purpose, emergency contact data can be stored with the help of which Emcomy can send the notifications.
  2. These general terms and conditions of use govern the contractual relationship conclusively and apply exclusively. Any terms and conditions of users that conflict with or deviate from these terms and conditions shall not be recognised unless Emcomy has expressly agreed to them in an individual case.
  3. Emcomy reserves the right to expand the scope of the functions offered in the app at any time and to restrict or completely discontinue functions and services provided free of charge; in this case, the user will be informed three weeks before the discontinuation of the free services.
  4. The contract is concluded when the user registers on Emcomy.
  5. The right of use is limited exclusively to the intended use of the content provided by Emcomy within the framework of the online portal Emcomy. Any other use of any content is not permitted.

 

2. amendment of the terms of use


Emcomy reserves the right to change the Terms of Use at any time without giving reasons. Emcomy will notify the users of the changes to the terms of use at least four weeks before they come into force and send them to them. If the user does not object to the changed terms within two weeks of receipt of the change notification, the changed terms of use shall be deemed to have been accepted. If the user objects to the amended terms and conditions in due time, Emcomy shall be entitled to terminate the contract at the point in time at which the amended terms and conditions of use are to come into force or to continue the contract at the previous terms and conditions.

3. areas

 

  1. The online portal Emcomy consists of two different areas, the „client area“ and the „trusted person area“, which are described in more detail below. The „user“ is the person who seeks help in case of an emergency and the „trusted third party“ is the person whom the user has selected as such and who thus has access to the notification module.
  2. The customer area contains a list of names, e-mail addresses, an info and the status of the respective contact, such as friend or family member, which the user has created. The trusted third party does not have access to this list and cannot change it. In addition, the client can define or deposit a „trusted person“ in his area, as well as select the number and type of emergency messages he would like to make available to his trusted person in case of need.
  3. The notification module in the area for the „trusted person“ contains ready-made text templates that can be sent as a notification to all active contacts from the list in the event of an emergency. In the event of an emergency, the trusted person can select one of the existing text templates and then send it, but he or she does not know to whom the emergency notifications are sent.

 

4. Features

 

  1. Depending on the tariff, different futures are offered free of charge and/or against payment, which are described in more detail below.
  2. Number of contacts.The number of contacts is determined by the respective tariff.
  3. Number of trusted person.The number of confidential counsellors is determined by the respective tariff.
  4. Number of text templates. The number of text templates is determined by the respective tariff.
  5. Printable references/certificates.These serve the respective trusted person and can be printed out by the user.
  6. Mail notification.The trusted person can send e-mail notifications in case of an emergency.
  7. SMS notification.The trusted person can send SMS notifications in case of an emergency.
  8. Contact person for queries.A contact person can be stored here, whose e-mail address will be sent in the emergency notification.
  9. Notification timer.This is used by the client to delay the emergency notifications triggered by the trusted person.

 

5. Tariff

 

  1. The free tariff is free of charge and with this tariff, a total of 10 contacts, one confident can be created and five text templates can be selected. The mail notification function and the option to print out the references/certificate for the trusted third party are also included. It also includes the creation of a callback person.
  2. The Pro tariff costs 11.90 euros per year and can be used to create up to 100 contacts, one confident and eight text templates. The function of e-mail and SMS notification as well as the possibility of printing out references/certificates for the trusted third party is also included. It also includes the creation of a callback person, as well as the possibility of changing the dispatch of emergency notifications by means of a notification timer.

 

6. term and termination

 

    1. The free user contract (free tariff) runs for an indefinite period and can be terminated at any time without notice. The user can also terminate the free user contract by completely deleting his user account. If the account is not used for a period of 2 years, it will be automatically deleted by Emcomy.
    2. The fee-based user contract (pro tariff) runs for 365 days and can be extended manually or automatically by the user. The user can also terminate the fee-based user contract by completely deleting his/her user account. In this case, however, no costs will be refunded.
    3. The right to extraordinary termination without notice for good cause remains unaffected. In particular, Emcomy may block a user’s account and/or terminate the user contract if the user:
    4. I: violates the GTC or applicable law,

 

    1. II: provides false information when registering,

 

    1. III:infringes the rights of third parties,

 

    1. IV: abuses the services of Emcomy; or

 

    1. V: another important reason exists.

 

  1. If the user’s account has been blocked or terminated by Emcomy, the user is not entitled to register again.

 

7. obligations of the user, warnings

 

  1. The users undertake to use the functions and services of the portal appropriately.
  2. The creation of multiple user accounts or so-called fake accounts by a user is not permitted.
  3. Users undertake to prevent unauthorised access by third parties to the Emcomy portal by taking appropriate precautions.
  4. No content may be posted that violates the rights of third parties, in particular property rights, copyrights, rights to the use of names, ancillary copyrights or trademark rights, that glorifies violence or is of a pornographic nature or otherwise violates provisions of the Criminal Code. Likewise, no content may be posted that contains viruses, Trojan horses or other programmes that are capable of damaging, secretly intercepting or deleting data or systems.
  5. Users shall indemnify Emcomy and its employees, agents and its vicarious agents against all claims or demands of third parties – including reasonable costs for legal defence – if third parties assert claims against us arising out of or in connection with the use of Emcomy.
  6. In the event that copyright-relevant works are uploaded, users grant Emcomy a simple right of use, limited in terms of space, time and content, for the intended use within Emcomy. In particular, the right is granted to publish the respective work and/or have it published and/or make it publicly accessible and/or have it made publicly accessible.

 

8 Liability and warranty

 

  1. Emcomy warrants that the Emcomy portal essentially fulfils the main functions and complies with the recognised rules of technology and is not afflicted with defects that nullify or reduce the value or suitability for the customary use or the use assumed under the contract.
  2. Emcomy is generally not liable for damages caused by slight negligence. The liability for material defects within the scope of the free services is limited to the case that Emcomy fraudulently conceals a material defect from the user. Within the scope of the free of charge services, the user has no claims for the removal of defects by Emcomy. The liability for defects in law within the scope of the free services is limited to the case that Emcomy fraudulently conceals a defect in law from the user in connection with the Emcomy portal.
  3. Emcomy shall also not be liable for claims arising from the App/Service/Website being temporarily unavailable to the User, in particular due to maintenance work, provided that the outage does not exceed a total time of more than 0.5% of a year per calendar year and in the case of longer outages there is no intent or gross negligence. With regard to the free services, Emcomy shall not be liable for claims arising from the fact that it is temporarily unavailable to you, in particular due to maintenance work.
  4. The user is responsible for the accuracy and completeness of its content.
  5. Emcomy shall not be liable for the loss of data and content insofar as the damage is due to the fact that the user has failed to carry out regular data backups and thereby ensure that lost data can be restored with reasonable effort, insofar as the respective data backup is not one of Emcomy’s main performance obligations.
  6. Within the scope of the self-protection option, Emcomy shall not be liable for any damage caused by a false alarm, in particular if the user has deliberately or negligently failed to react in time to the notifications sent by Emcomy.
  7. Emcomy is not liable for the accessibility and availability of the contacts and the error-free transmission of the notifications via the interface it provides, insofar as this is the responsibility of the user and or the contacts.
  8. Any warranty does not extend to such damages and/or malfunctions that are caused by the user culpably violating provisions of this contract.
  9. The limitations of liability according to the preceding numbers do not apply to damages resulting from injury to life, body or health, in the case of fraudulent concealment of defects, claims under the Product Liability Act, in the case of intent and gross negligence as well as in the case of breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the user may regularly rely.
  10. The above limitations of liability also apply to Emcomy’s vicarious agents.
  11. In all other respects, the statutory provisions shall apply.

 

9 Force majeure


Emcomy shall be released from any obligation to perform in cases of force majeure. Force majeure shall be all unforeseen events as well as events whose effects on the performance of the contract are not the responsibility of either party. Such events include, in particular, lawful industrial action, also in third-party companies, as well as official measures.

10. data protection


In order to create and manage the user profile, users are asked for personal data. This data will be used properly in accordance with the legal provisions, in particular the GDPR. The users assure Emcomy that they will not use the Privacy policy have read and understood Emcomy.

11. final provisions

 

  1. The contract shall be concluded exclusively in the German language.
  2. These Terms of Use shall be governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  3. Amendments and supplements to the contract and the General Terms of Use must always be made at least in text form. This also applies to the amendment of this provision.
  4. Should one or more clauses of these Terms of Use be invalid in whole or in part, this shall not affect the validity of the remaining provisions.



Status 08/2020

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