Terms of use
Welcome to SOSmart!
These Terms of Use ("Terms") govern your rights and obligations regarding the use of Sosmart's Software ("Software") and service (both collectively referred to as the " Service ") on the Internet or in cellular media. These Terms constitute a fully binding agreement between Sosmart SpA. (including its affiliates and subsidiaries, "Sosmart" or "We") the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.
By using the Sosmart Service, you signify your assent to
these Terms;
Sosmart's privacy policy ("Privacy Policy"); and
all of which are an integral part of these Terms.
If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
Key Points
The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Sosmart.
Location-based Service . Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Sosmart application is installed and activated. These features cannot be provided without utilizing this technology. Please note, as described in detail in the Privacy Policy .
(I) Sosmart could use your location and route information to create a detailed location history of all or some of your journeys made when using the Service. Sosmart uses this history to offer the Service to you, to improve the quality of the Service it offers to you and to all of its users and to improve the accuracy of our service. This history is associated with your account. This history is retained by Sosmart for a limited period of time and in accordance with the Privacy Policy.
Advertisements . Third party advertisements may appear on the Service from time to time. Sosmart does not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses, SMS or calls) incurred by your use of the Service are your exclusive responsibility and made solely at your expense . Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
Privacy. Your privacy is important to us. While using the Service, personal information may be provided by You or collected by Sosmart as detailed in our Privacy Policy at: http://www.sosmart.com/legal/privacy/ . The Privacy Policy explains our practices pertaining to the use of Your personal information and we ask that You read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Sosmart, subject to this section, the Privacy Policy and any applicable laws and regulation.
WHAT IS THE SERVICE
The service allows to detect major car crashes automatically, and sends emergency notifications with the location of the car accident to emergency contacts that the user had previously selected. The service provides the user with an emergency button which when pressed will send an emergency notification with your location to your predetermined contacts.
THE LICENSE
Sosmart Service. Sosmart hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.
USING THE SERVICE
You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Sosmart. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
You may not copy, print, save or otherwise use data from the Site or the Service's database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.
When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Sosmart.
The Software may not be used in any way that is not expressly permitted by these Terms.
USE RESTRICTIONS
There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Sosmart's sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person : (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Sosmart’s prior written consent; (iii) create a browser or border environment around the Content (e.g. no frames or inline linking); (iv) interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site; (ix) frame or mirror any part of the Service and/or Site without Sosmart’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site; (xi) forward any data generated from the Service and/or Site without the prior written consent of Sosmart; (xii) transfer or assign your Service accounts' password, even temporarily, to a third party; (xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose; (xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without Sosmart’s express prior written consent; or (xv) infringe or violate any of these Terms.
TERMINATION OF USE OF THE SERVICE
You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Sosmart of such termination. However, if you would also like for Sosmart to delete your Sosmart account and your personal information contained in the account, please send a formal request to [email protected]. On receiving such a request, Sosmart will use reasonable efforts to delete such information, however please note that your information may be retained on our back-up systems for some time.
Sosmart retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Sosmart deems appropriate, at its sole and absolute discretion.
USER CONTACTS NOTIFICATION
The Service allows all users of the Software to submit and send a notification to their own emergency contacts("Notification"). Ntofication is separate from third party sponsored advertisements that may appear on the Service. Notification can include, for example, map and road updates, etc. You assume sole responsibility for any Notification you submit and you alone are liable for the consequences when you submit Notification.
RIGHTS OF EXAMINATION OF DATA GENERATED BY NOTIFICATIONS
Sosmart may examine Notifications after its submission, prevent submissions of erroneous Notifications. Sosmart may examine notifications in order to verify its accuracy and improve the quality of our service.
COPYRIGHT
All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Sosmart or its affiliates or are exclusively licensed to Sosmart. The Service is protected, among others, by the Chilean Copyright Law, 2014 as well as by applicable copyright provisions prescribed by any other law.
"Sosmart", the Sosmart logo, and other trade and/or service marks are the property of Sosmart or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Sosmart.
The design, trade dress, and the ‘look and feel’ of the Site and the Service are protected works under applicable copyright laws and Sosmart and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the Software or any mark, indicator, logo or notation embedded and displayed on the Software.
Sosmart may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Sosmart's rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Sosmart to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.
Apple
If you use the Service on an Apple device, then you agree and acknowledge that:
Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Export Control
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
LIMITATION OF LIABILITY AND WARRANTY
SOSMART PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, Sosmart disclaims any warranties relating to the accuracy of the car crash detection, location obtained from the software or maps. For instance, there could be car crashes that could not detected due to particular conditions, to the partial or complete destruction of the mobile communication device, failures on the mobile network service, etc. This Service highly relies on the mobile communication device sensors, therefore it´s performance might be affected by malfunction of internal sensors.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Service.
Sosmart exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Sosmart's computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Sosmart or any of its providers.
SOSMART, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Sosmart and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Sosmart, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
PRIVACY
Sosmart respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software is readily accessible at http://www.sosmart.com/legal/privacy/ and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.
MODIFICATIONS TO THE SERVICE AND SOFTWARE
Sosmart may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Sosmart for applying such changes or for failures incidental to such changes.
TERMINATION OF SERVICE
Sosmart may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
MODIFICATIONS OF THESE TERMS
Sosmart may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service's home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.
GOVERNING LAW AND JURISDICTION
These Terms, the Software and the Service will be governed solely by the laws of the State of Chile, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in the Santiago district in Chile.
LIMITATIONS
Should you desire to file any cause of action against Sosmart, arising out of or related to the Sosmart Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights in and to the Service, without the prior written consent of Sosmart. Sosmart may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Sosmart's obligations to you under these Terms.
COMPLETE TERMS
These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Copyright Policy, shall all constitute the entire and complete agreement between you and Sosmart concerning the Sosmart Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.
NO LEGAL RELATIONSHIP
These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Sosmart Service, its contents, maps and any other data.
CONTACT US
You may contact us concerning any question about the Service, through the "Contact Us" page on the Site (web address: www.sosmartapp.com). We will make our best efforts to address your inquiry promptly.
Last modified: 25 January 2015
These Terms of Use ("Terms") govern your rights and obligations regarding the use of Sosmart's Software ("Software") and service (both collectively referred to as the " Service ") on the Internet or in cellular media. These Terms constitute a fully binding agreement between Sosmart SpA. (including its affiliates and subsidiaries, "Sosmart" or "We") the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.
By using the Sosmart Service, you signify your assent to
these Terms;
Sosmart's privacy policy ("Privacy Policy"); and
all of which are an integral part of these Terms.
If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
Key Points
The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Sosmart.
Location-based Service . Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Sosmart application is installed and activated. These features cannot be provided without utilizing this technology. Please note, as described in detail in the Privacy Policy .
(I) Sosmart could use your location and route information to create a detailed location history of all or some of your journeys made when using the Service. Sosmart uses this history to offer the Service to you, to improve the quality of the Service it offers to you and to all of its users and to improve the accuracy of our service. This history is associated with your account. This history is retained by Sosmart for a limited period of time and in accordance with the Privacy Policy.
Advertisements . Third party advertisements may appear on the Service from time to time. Sosmart does not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.
The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses, SMS or calls) incurred by your use of the Service are your exclusive responsibility and made solely at your expense . Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
Privacy. Your privacy is important to us. While using the Service, personal information may be provided by You or collected by Sosmart as detailed in our Privacy Policy at: http://www.sosmart.com/legal/privacy/ . The Privacy Policy explains our practices pertaining to the use of Your personal information and we ask that You read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Sosmart, subject to this section, the Privacy Policy and any applicable laws and regulation.
WHAT IS THE SERVICE
The service allows to detect major car crashes automatically, and sends emergency notifications with the location of the car accident to emergency contacts that the user had previously selected. The service provides the user with an emergency button which when pressed will send an emergency notification with your location to your predetermined contacts.
THE LICENSE
Sosmart Service. Sosmart hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.
USING THE SERVICE
You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Sosmart. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.
You may not copy, print, save or otherwise use data from the Site or the Service's database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.
When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Sosmart.
The Software may not be used in any way that is not expressly permitted by these Terms.
USE RESTRICTIONS
There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Sosmart's sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether yourself or through any other means or person : (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Sosmart’s prior written consent; (iii) create a browser or border environment around the Content (e.g. no frames or inline linking); (iv) interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site; (ix) frame or mirror any part of the Service and/or Site without Sosmart’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site; (xi) forward any data generated from the Service and/or Site without the prior written consent of Sosmart; (xii) transfer or assign your Service accounts' password, even temporarily, to a third party; (xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose; (xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without Sosmart’s express prior written consent; or (xv) infringe or violate any of these Terms.
TERMINATION OF USE OF THE SERVICE
You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Sosmart of such termination. However, if you would also like for Sosmart to delete your Sosmart account and your personal information contained in the account, please send a formal request to [email protected]. On receiving such a request, Sosmart will use reasonable efforts to delete such information, however please note that your information may be retained on our back-up systems for some time.
Sosmart retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Sosmart deems appropriate, at its sole and absolute discretion.
USER CONTACTS NOTIFICATION
The Service allows all users of the Software to submit and send a notification to their own emergency contacts("Notification"). Ntofication is separate from third party sponsored advertisements that may appear on the Service. Notification can include, for example, map and road updates, etc. You assume sole responsibility for any Notification you submit and you alone are liable for the consequences when you submit Notification.
RIGHTS OF EXAMINATION OF DATA GENERATED BY NOTIFICATIONS
Sosmart may examine Notifications after its submission, prevent submissions of erroneous Notifications. Sosmart may examine notifications in order to verify its accuracy and improve the quality of our service.
COPYRIGHT
All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Sosmart or its affiliates or are exclusively licensed to Sosmart. The Service is protected, among others, by the Chilean Copyright Law, 2014 as well as by applicable copyright provisions prescribed by any other law.
"Sosmart", the Sosmart logo, and other trade and/or service marks are the property of Sosmart or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Sosmart.
The design, trade dress, and the ‘look and feel’ of the Site and the Service are protected works under applicable copyright laws and Sosmart and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the Software or any mark, indicator, logo or notation embedded and displayed on the Software.
Sosmart may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Sosmart's rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Sosmart to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.
Apple
If you use the Service on an Apple device, then you agree and acknowledge that:
Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Export Control
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
LIMITATION OF LIABILITY AND WARRANTY
SOSMART PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, Sosmart disclaims any warranties relating to the accuracy of the car crash detection, location obtained from the software or maps. For instance, there could be car crashes that could not detected due to particular conditions, to the partial or complete destruction of the mobile communication device, failures on the mobile network service, etc. This Service highly relies on the mobile communication device sensors, therefore it´s performance might be affected by malfunction of internal sensors.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Service.
Sosmart exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Sosmart's computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Sosmart or any of its providers.
SOSMART, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
BREACH AND INDEMNITY
Without derogating from any applicable law, you agree to indemnify and hold harmless Sosmart and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Sosmart, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
PRIVACY
Sosmart respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software is readily accessible at http://www.sosmart.com/legal/privacy/ and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.
MODIFICATIONS TO THE SERVICE AND SOFTWARE
Sosmart may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Sosmart for applying such changes or for failures incidental to such changes.
TERMINATION OF SERVICE
Sosmart may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
MODIFICATIONS OF THESE TERMS
Sosmart may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service's home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.
GOVERNING LAW AND JURISDICTION
These Terms, the Software and the Service will be governed solely by the laws of the State of Chile, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in the Santiago district in Chile.
LIMITATIONS
Should you desire to file any cause of action against Sosmart, arising out of or related to the Sosmart Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
ASSIGNMENT OF RIGHTS
You may not assign or transfer your rights in and to the Service, without the prior written consent of Sosmart. Sosmart may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Sosmart's obligations to you under these Terms.
COMPLETE TERMS
These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Copyright Policy, shall all constitute the entire and complete agreement between you and Sosmart concerning the Sosmart Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.
NO LEGAL RELATIONSHIP
These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Sosmart Service, its contents, maps and any other data.
CONTACT US
You may contact us concerning any question about the Service, through the "Contact Us" page on the Site (web address: www.sosmartapp.com). We will make our best efforts to address your inquiry promptly.
Last modified: 25 January 2015
