Thank you for downloading the SOSmate Application (here after referered to as "Application" OR "The Application") which is operated by ArchitectPack Pty Ltd. (ABN 51 600 380 014).
USE OF APPLICATION
a. The Company grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal use.
b. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
c. You agree that you are solely responsible for (and that The Company has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which The Company may suffer) of any such breach.
d. The service provided by the Application allows you to call an emergency service appropriate to the circumstances of your event from your mobile device and identify your location to the emergency service operator using GPS coordinates (the "Service"). The Service is subject to the following limitations: (i) continued use of GPS may dramatically decrease battery life; (ii) there is a risk that the operator receiving an emergency call may transcribe the location coordination incorrectly in which case the relevant emergency service will be sent to the wrong location; (iii) there is a risk that we may not be able show/ translate GPS coordinates at all; (iv) the availability and accuracy of GPS information is subject to limitations arising due to availability of signals, wireless services, Internet Service, the relevant mobile device, location, device permissions, device location service, mobile device battery and geography (GPS signals may be blocked by third person, govrning body, military, dense bush or tall buildings, and do not penetrate indoor spaces as well). Accordingly, you accept and acknowledge that use of Application may not be as acurate as calling emergency services from a land line and is subject to the foregoing limitations.
e. The Application depends on SMS messages (the "SMS Service"). The SMS Service is subject to the following limitations: (i) The "SMS Service" availability depends on your mobile data plan, available account credit, mobile device abilities, Application permissions, Application configuration set by you, and network coverage. We cannot guarantee that the SMS will reach to all or any emergency contacts; (ii) there is a risk that the SMS are sent but may have been put in queue to deliver by your mobile device, battery life, network, or by the network provider. Accordingly, you accept and acknowledge that use of Application may not be the best option for you.
f. The Application is build as an additional tool for helping you in emergency situation. However, Application functionaries have many dependencies. Including but not limited to, mobile devices, Application configuration, your actions, availability of other required services as described in point (d) and point (e).
g. The Application tracks your location history. You can include this locations in your emergency message. The Application is not responsible for accuracy of GPS information or its contents.
h. The service provided by the Application allows you to view Country Emergency Numbers, which may not be accurate, or require special arrangements to be used from Phone. Without telecommunication provider, you may not be able to call these numbers.
In accordance with your agreement with your telecommunications provider, data download charges may apply to any download of the Application and to any upgrades of the Application you request. In addition, your telecommunications provider may impose data download charges for the ongoing use of the Application. The Application depends on telecommunications provider for SMS, GPS, Call services. You may get charged for these services without any notice.
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) The Company and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter The Company’s or any third partyâ€™s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application. This license does not allow you to use the licensed application on any mobile device that you do not legally own, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application.
The Application may be subject to export controls or restrictions by the Australia or other countries or territories. You agree to comply with all applicable Australia and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
This Agreement commences when you click "install" as part of the Application. These Terms and Conditions will continue to apply until terminated by either you or The Company as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from The Company or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application. Upon termination of the license, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless The Company, its affiliates, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions. You remain liabile for all and any act or omission that any person, organisation or entity undertakes as a result of Content sourced via the Application.
DISCLAIMER OF WARRANTIES
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
d. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
e. AN EXTERNAL THIRD PARTY PROVIDER IS RESPONSIBLE FOR PROVIDING GPS INFORMATION USED IN CONNECT WITH THE SERVICE. THE AVAILABILITY AND ACCURANCY OF SUCH INFORMATION IS BEYOND THE APPLICATION CONTROL. ACCORDINGLY, LOCATION DATA PROVIDED IN CONNECT WITH ANY SERVICE IS FOR BASIC LOCATION IDENTIFICATION PURPOSES AND SUBJECT TO THE LIMITATIONS SET OUT IN PARAGRAPH (1) USE OF APPLICATION) ABOVE.
f. THE APPLICATION AND THE COMPANY DISCLAIM ALL LIABILITY FOR OR IN CONNECTION WITH: (i) ANY MISUSE OR MISUNDERSTANDING OF ANY CONTENT CONTAINED IN THE APPLICATION; (ii) ANY LOSS, DAMANAGE OR INJURY, BE IT HEALTH, FINANCIAL OR OTHERWISE, SUFFERED BY ANY INDIVIDUAL, GROUP OR ORGANISATION ACTION UP ON RELAYING ON INFORMATION CONTAINED WITHIN THE APPLICATION; (iii) ANY UNAVAILABILITY OF THE APPLICAITON OR THE SERVERICE FOR ANY REASON; (iv) THE ACTION OR OMISSIONS OF ANY FUNCTIONALITY PROVIDED BY APPLICATION.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
CONSENT TO USE OF DATA
a. These Terms and Conditions constitute the entire Agreement between you and The Company relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and The Company regarding the Application.
b. The failure of The Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to The Company.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
d. The rights granted in these Terms and Conditions may not be assigned or transferred by either you or The Company without the prior written approval of the other party. Neither you nor The Company are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
e. These Terms and Conditions and your relationship with The Company under these Terms and Conditions will be governed by the laws of the State of NSW, Australia, without regard to its conflict of laws provisions. You and The Company agree to submit to the exclusive jurisdiction of the courts located within the City of Sydney, NSW to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that The Company will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Some of our icons are used from https://www.google.com/design/icons/ under CC-BY license.
Disclaimer for SOSmate
If you require any more information or have any questions about our site's disclaimer, please feel free to contact us by email at firstname.lastname@example.org.
Disclaimers for www.sosmate.com:
All the information on this website is published in good faith and for general information purpose only. www.sosmate.com does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (www.sosmate.com), is strictly at your own risk. www.sosmate.com will not be liable for any losses and/or damages in connection with the use of our website.
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone 'bad'.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.
By using our website, you hereby consent to our disclaimer and agree to its terms.
This site disclaimer was last updated on: Monday, November 23rd, 2015 · Should we update, amend or make any changes to this document, those changes will be prominently posted here.
What information does the Application obtain and how is it used?
User Provided Information
The Application may obtains the information you provide when you download and install. Registration with us is not required.
When you use the Application, you generally provide (a) your name, email address, and other registration information; (b) Any-related information, such as when you respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) information you enter into our system when using the Application, such as contact information and project management information.
We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
Does the Application collect precise real time location information of the device?
When you visit the mobile application, we use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements. We will not share your current location with other users or partners.
If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.
Do third parties see and/or have access to information obtained by the Application?
Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
as required by law, such as to comply with a subpoena, or similar legal process;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
if Architectpack Pty. Ltd. is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
to advertisers and third party advertising networks and analytics companies as described in the section below
Automatic Data Collection and Advertising
We may work with analytics companies to help us understand how the Application is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Application which helps us keep the cost of the Application low. Advertisers and advertising networks use some of the information collected by the Application, including, but not limited to, the unique identification ID of your mobile device and your mobile telephone number. To protect the anonymity of this information, we use an encryption technology to help ensure that these third parties can’t identify you personally. These third parties may also obtain anonymous information about other applications you’ve downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., your zip code), and other non- precise location information in order to help analyze and serve anonymous targeted advertising on the Application and elsewhere. We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.
If you’d like to opt-out from third party use of this type of information to help serve targeted advertising, please visit the section entitled “Opt-out” below.
What are my opt-out rights?
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at email@example.com.
Data Retention Policy, Managing Your Information
We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at firstname.lastname@example.org and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at firstname.lastname@example.org