GENERAL TERMS AND CONDITIONS
OF USE OF THE AICHOM MOBILE APPLICATION
This Agreement of Use of the AICHOM Mobile Application (hereinafter – the Agreement of Use) is concluded between:
(1) UAB "Aichomas", legal entity’s code 304895097, office address registered at Girulių str. 10-201, Vilnius, the Republic of Lithuania (hereinafter – the Service Provider),
(2) The User who has concluded the electronic Agreement of Use, confirmed to have agreed to its terms and is using AICHOM Mobile Application (hereinafter – the User),
By registering to the AICHOM Mobile Application (hereinafter – Mobile application) and / or using the information and / or services contained therein, you (the User) acknowledge and confirm that you have carefully read and understood the present Agreement of Use, and that you understand and agree to be bound by it. You also acknowledge that this Agreement of Use is in accordance with your true will, and you have entered into it while not forced by other third persons or under the influence of alcohol or other psychotropic substances, and that you have had the opportunity to properly assess this Agreement of Use. If you do not agree with this Agreement of Use, you may not continue to use the Mobile application.
The Service provider assumes no liability for any losses incurred by the Users while using services provided in Mobile application. The User uses the Mobile application and services provided by it solely under his own risk and liability.
User details are provided by the Users, therefore, as the company administering the Mobile application, the Service Provider is not responsible for the accuracy of this information, for its compliance with the reality, or for any loss, damage or other detriment that has occurred or is likely to occur due to decisions taken based on the information provided in the Mobile application.
The titles of the sections and articles do not affect the application of the terms of the present Agreement of Use.
1.2. Mobile application – geological systems based application for a Smartphones, called AICHOM, administered and operated by the Service provider, which allows Users, subjected to proper completion of all the necessary procedures, to have an opportunity to track their family members and relatives with Alzheimer’s, dementia or other memory disorders. The Services provider acts as an operator and administrator of the Mobile application.
1.3. User – a natural person and a caregiver of the Reliant relative, who uses the Mobile application and wants to track their Reliant relative.
1.4. Service provider – UAB […], legal entity code […], registered office address […]. The Service provider operates and administers the Mobile application.
1.5. Account – the account created by User in the Mobile application, necessary to use services provided by the Mobile Application.
1.6. Website – the internet website of the Service provider and Mobile application (www.aichom.com).
1.7. Tracking service – tracking service provided to the User by using the Mobile application.
1.8. Reliant relatives – elders, other family members and relatives of the User, that have Alzheimer’s, dementia or other memory disorders.
1.9. Smartphone – a multi-purpose mobile phone of the User, that is made by Apple Inc. (iPhone, iPad etc.). So far the Mobile application only works on iPhone and iPad smartphones. However, the Service provider plans to make Mobile application accessible to other smartphone platforms.
1.10. Smartwatch – a smart device, made by Apple Inc. (Apple Watch), that has to be with the Reliant relative.
2. ABOUT THE MOBILE APPLICATION
2.1. The Service provider has developed the Mobile application to aid Users, that take care of their Reliant relatives. The aim of this Mobile application is to improve safety in open air activities by determining the geographical location and health status of Reliant relatives and inform the User of location and any unusual and / or potentially dangerous activity of their Reliant relatives. The Mobile application aids to keep Reliant relatives safe by equipping the User with all needed information resulting the peace of mind of the User.
2.2. The Mobile application is a software program, a type of application for a Smartphone, and is designed to provide a tool which, in conjunction with the Smartwatch, allows the approximate geographical position of Reliant relatives to be known to the Users by means of geolocation systems and the map monitoring, alternatively using for the purpose the main infrastructures assigned to these services, such as geolocation-GPS, GPS based stations, Wi-Fi and etc. For the Mobile application to work properly, it also needs the Smartphone to be turned on, activated and with cover in the country of the relevant area. Also Mobile application has to be paired with active and working Smartwatch for Tracking service to work properly.
2.3. The Tracking service is performed within 20 second intervals and the location is compared with geofencing zone (i.e. the safe zone for the Reliant relative set by the User) and, if the Reliant relative is out of the geofencing zone, the User is informed by one or more of the notification means set in paragraph 4.1.5 of this Agreement of Use. The User is also informed in cases when their Reliant relative takes off the Smartwatch or there is no signal from the Smartwatch.
2.4. The Mobile application also has health data tracking software integrated in it. When Mobile application is linked with the Smartwatch, the Mobile application uses sensors of the Smartwatch to track essential health data (sleep time, heart rate etc.) of the Reliant relative and displays it on the display of the Mobile application.
2.5. The Mobile application collects and aggregates data (location and health data) of the Reliant relative with the Smartwatch and provides essential Tracking service for the User via the Mobile application. It shows the exact location of the Reliant relative and informs the User if their Reliant relative leaves designated home area. The Mobile application also provides the User with smart advices based on the essential health data of the Reliant relative acquired through the sensors of the Smartwatch.
3. REQUIREMENTS FOR THE USER OF THE MOBILE APPLICATION
3.1. Only Users, that are at least 18 years old, that are capable of acquiring civil rights and create civil responsibilities through their actions, may conclude this Agreement of Use and use this Mobile application.
3.2. By concluding this Agreement of Use, the User acknowledges that he / she complies with all the provision set in paragraph 3.1 of this Agreement of Use.
3.3. In case of failure to meet the requirements of the set in paragraph 3.1 of this Agreement of Use, the Service provider has the right to unilaterally and immediately terminate this Agreement of Use without any further notice and disable Account of such User.
4. REGISTRATION, LAUCHING AND SETUP OF THE MOBILE APPLICATION
4.1. To use the Mobile application, the User has to be properly registered in the Mobile application. Proper registration on the Mobile application consists of the following steps:
4.1.1. download and installation of the Mobile application on the Smartphone of the User;
4.1.2. registration of the User and creation of the Account (the User provides his / her email and creates a reliable password for the Account). At this step User also has to check the box that he / her agrees with this Agreement of Use;
4.1.3. installation of the Mobile application on the Smartwatch depends on whether the Smartphone and the Smartwatch are linked:
220.127.116.11. if the Smartphone and Smartwatch are linked, the Mobile application will display 4 randomly generated numbers and these numbers shall appear on the Smartwatch.;
18.104.22.168. if the Smartphone and Smartwatch are not linked, the Mobile application will display 4 randomly generated numbers and the User or their Reliant relative have to enter aforementioned randomly generated numbers into the Smartwatch. After a while, message about the successful linking shall appear on the Smartwatch.
4.1.4. the User has to enter data on the Reliant relative, i.e. home address, geofencing zone (secure zone), name and photo (optional), into the Mobile application;
4.1.5. the User has to choose the channels for notification about the activity, health data and location of the Reliant relative. Notifications can be sent through e-mail, mobile calls, sms messages, push notifications;
4.1.6. the User confirms the subscription to use the Mobile application (first month of Mobile application use counts as a “free of charge” trial);
4.1.7. setup of the Mobile application is complete and User may start using the Mobile application.
4.2. The Service provider reserves the right to reject application of the User for an Account, suspend use of or terminate the Account of the User at any time without prior notice to the User if the User is in breach of this Agreement of Use or for any other reason as determined by sole and absolute discretion of the Service provider.
4.3. The User is solely responsible for any and all activities which occur under the Account of the User. The Service provider is entitled to treat all activities that occur under the Account of the User as having been conducted with the knowledge and authority of the User.
4.4. Full use of the Mobile application is dependent on use of the Smartphone of the User and the Smartwatch of the Reliant relative. The maintenance and security of the Smartphone and the Smartwatch may influence the performance of the Mobile application and it is completely and solely the responsibility of the User to ensure that the Smartphone and the Smartwatch are fully functional.
5. APPLICABLE FEES
5.1. The Service provider gives the User ability to test the Mobile application and use Mobile application trial version for one month. Once the trial version of the Mobile application is over, the Service provider charges the User for use of the Mobile application on monthly basis.
5.2. The Mobile application will inform the User on any fee collection prior to collecting fees from the User and the User will have the choice at that time to continue to use the Mobile application or not. If the User decides not to pay required fees for the use of Mobile application, the Service provider reserves the right to immediately terminate this Agreement of Use, thus the access to the Mobile application, for the User.
5.3. The Service provider reserves the right to implement additional fees or change existing fees for the use of certain functions of Mobile application from time to time. The User shall be informed beforehand about such additional fees or change of already existing fees.
5.4. The Service provider is not responsible for any fees charged by any other third party website or application that is not owned or operated by the Service provider and the Service provider shall not be liable towards the User for any fees incurred as a result of using or accessing or making purchases from any such third party website or application.
6. OBLIGATIONS AND WARRANTIES OF THE USER
6.1. By creating the Account in the Mobile application and using Tracking service the User obliges to:
6.1.1. use the Mobile application and Tracking service solely for personal and lawful purposes and interests, without causing any loss to the Service provider;
6.1.2. not make any health or medical related decision based in whole or in part on anything contained in the Mobile application.
6.1.3. comply with legal requirements, moral standards and act only good will and honesty;
6.1.4. provide the Service provider with only accurate and complete information without the intention of misleading the Service provider;
6.1.5. notify the Service provider in a timely manner of any changes in the information provided in the Account and accordingly update any information that may be important to the performance of this Agreement of Use;
6.1.6. keep Mobile application login information confidential and in no way disclose it to third parties and to replace them immediately if there is a risk that login information might become available to the third parties;
6.1.7. notify the Service provider if User suspects or becomes aware that third parties have an unauthorized access to the Account of the User or access to non-public information provided solely to the User by the Service provider;
6.2. The User using this Mobile application shall not:
6.2.1. use the Mobile application in connection with any commercial endeavors;
6.2.2. reproduce, duplicate, copy, sell, resell, or exploit the Mobile application, its content, its software or any portion of it;
6.2.3. decipher, decompile, disassemble, reverse engineer, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of any of the Mobile application, in whole or in part;
6.2.4. not transfer or enter into the Mobile application any data that may contain software viruses, and not to enter any other codes, files or programs to interfere, limit or damage the Mobile application or the hardware, software or communication equipment features of the Service provider;
6.2.5. interfere with, circumvent or disable any security or other technological features or measures of the Mobile application or attempt to gain unauthorized access to Tracking service or its related systems or networks;
6.2.6. engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Mobile application.
6.3. By creating the Account, installing and using Mobile application and entering into this Agreement of use, User represents and warrants that he / she:
6.3.1. has read, understood and agreed to be bound by all the provisions of this Agreement of Use;
6.3.3. accepts that this Agreement of Use expresses his / her will and is legally binding;
6.3.4. understands the operating model of the Mobile application;
6.3.5. understands that health information provided in the Mobile application is general information only and is not to be viewed as a professional medical advice.
6.3.6. under his / her own risk and liability accepts to use the Mobile application.
6.4. In case of the breach, failure to perform or improper performance by the User of any obligation and / or warranty mentioned in this Agreement of Use, the Service provider is entitled without delay and without further notice on its own initiative to block the Account of the User and terminate this Agreement of Use.
7. DISCLAIMER AND LIMITS OF LIABILITY
7.1. Main objective of the Service provider and Mobile application created is to cooperate for and increase safety by locating the geographical position of the Reliant relatives in the relevant area. However, the User acknowledges and agrees that the Mobile application and Tracking service are provided on an “as is” basis and the Service provider does not guarantee:
7.1.1. any result in finding the location of Reliant relatives by using the Mobile application;
7.1.2. any geological result and, particularly, does not guarantee any geological result in the event of incidents, accidents, emergencies or any other situations of alert;
7.1.3. the reliability of the information supplied by the Mobile application;
7.1.4. the integrity, certainty and accuracy of the information contained in Mobile application.
7.2. In case of operational malfunction of the Mobile application (for some reasons Mobile application becomes unusable for limited amount of time), the Service provider shall refund the User within the amount of monthly fee.
7.3. Unless it is set by imperative legal norms, the Service provider accepts no liability (except for the amount set in paragraph 7.2 of this Agreement of Use) to the User, in any form, for any loss or total or partial damage, particularly due to:
7.3.1. information contained, obtained or delivered by the Mobile application;
7.3.2. health related information provided by the Mobile application;
7.3.3. quality, suitability and speed of the Tracking service requested through the Mobile application and supplied by the Service provider;
7.3.4. failure of the Tracking service, omission, interruption, absence, incorrect or defective supply of the telecommunications service or computer virus;
7.3.5. inability to find the location of Reliant person, should he / her be outside the Tracking area;
7.3.6. misuse or bad faith in the use of the Mobile application;
7.3.7. results of using the Mobile application;
7.3.8. lack of certainty, accuracy or updating of the personal data delivered by the User.
7.4. Health advices and other health related information provided by the Mobile application serve only as general information and should not be viewed or relied upon as professional medical advice. Before relying on the health related information of the Reliant relative provided by the Mobile application, the User should obtain professional medical advice relevant to specific circumstances of health of the Reliant relative.
7.5. The User, under his own risk and liability, accepts a commitment to use this Mobile application and its content correctly, adequately and lawfully, fully subject to this Agreement of Use, current legal acts applicable, good customs generally accepted, public order and to use it properly and for the purpose for which it has been made available to the User.
8.1. MEANS OF COMMUNICATION
8.2. The User can provide any suggestions, questions, complaints or claims relating to the operation of the Mobile application by e-mail (firstname.lastname@example.org) (an e-mail is considered to have been received on the day of dispatch) or by letter sent to Giruliu str. 10-201, Vilnius, Lithuania (the letter is considered to have been received from the day of its receipt).
8.3. The Service provider communicates with the User by means of contact details (mobile number, e-mail of the User) provided by the User when creating the Account in the Mobile application. The Service provider can also post important general messages and notification on the Website or in the Mobile application.
8.4. Electronic notices (sms messages, e-mails) from the Service provider sent according to contact details provided by User are deemed to have been delivered on the day of dispatch.
8.5. For the Mobile application to operate properly and effectively, the User should immediately update changed contact details on the Mobile application. If the User does not update changed contact details, the submission of a notice to the contact details specified in the Mobile application is considered to be delivered properly.
9. ENTRY INTO FORCE, AMMENDMENTS AND TERMINATION OF THE AGREEMENT OF USE
9.1. The Agreement of Use shall enter into force upon its conclusion by installing the Mobile Application on the smartphone of the User and successfully creating the Account through the Mobile Application. The Agreement of Use shall be valid with all the amendments and supplements until the User decides to delete the Mobile Application from his / her smartphone and sign out from the services provided by the Mobile Application or the Agreement will be terminated on other legal grounds.
9.2. The Service provider has the right to unilaterally amend this Agreement of Use and notify this on the Mobile Application or / and the Website or / and by the e-mail provided by the User or / and any other reasonable means of communication. Amendments to the Agreement of Use shall enter into force as of the day it is notified and shall be applicable to all the Users.
9.3. The User has the right to disagree with the changes to the Agreement of Use implemented unilaterally by the Service provider by terminating this Agreement of Use and ceasing to use services provided by the Mobile Application and deleting Mobile Application from the smartphone.
9.4. The User may terminate this Agreement of Use at any time when the User does not intend to continue using services provided by the Mobile Application.
9.5. The Service provider may unilaterally terminate the Agreement of Use with the User at any time if the User violates this Agreement of Use and / or in other cases, if such termination is necessary (without the fault of the User). In this case, the Service provider may restrict the User’s access to the services provided by the Application. The termination of the Agreement of Use specified in this clause shall be communicated to the User via the e-mail or / and other reasonable means of communication.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The Service provider shall have exclusive ownership of and title to all names, trade names, copyrights, trademarks, service marks, patent rights, trade secrets and all other proprietary and / or intellectual property rights in and relating to the Mobile application and Tracking service, including any specifications and all content of the Service provider, and User shall have no rights therein. The User shall not, by act or omission, diminish or impair in any manner the acquisition, maintenance, and full enjoyment by the Service provider of any intellectual property rights specified therein.
10.2. DATA PROTECTION
11. APPLE INC. ADDITIONAL TERMS AND CONDITIONS
11.1. The Mobile application is provided to the User through the Apple Inc. App Store, therefore the following terms and conditions apply to you in addition to all the other terms and conditions of this Agreement of Use:
11.1.1. the Service provider and the User acknowledge that Apple Inc. has no obligation to perform any maintenance or support services with respect to the Mobile application;
11.1.2. the Service provider and the User acknowledge that Apple Inc. has no warranties, obligations regarding the operation of Mobile application;
11.1.4. all the warranty terms provided by the Apple Inc. are only applicable to the Smartphone and the Smartwatch, but not the Mobile application;
12. FINAL PROVISIONS
12.2. This Agreement shall be governed by the law of the Republic of Lithuania. Any disputes between the User and the Service provider shall be settled by negotiation. In the absence of consensus, the dispute shall be settle by the competent courts in the Republic of Lithuania.
12.3. The Mobile application and the Website use Lithuanian and English languages. In case of discrepancies between the Lithuanian and English texts the text in the Lithuanian language shall prevail.