BiiSafe License Agreement for End Users in English
This License Agreement for End Users (“Agreement”) is a legal agreement between you (either an individual or corporation) and BiiSafe Ltd. (“BiiSafe”) regarding your use of BiiSafe’s software (“Software”). For the purpose of this Agreement Software shall refer to (i) all software programs, tools, features, functionalities and services made available by BiiSafe, including without limitation the following BiiSafe’s products: BiiSafe Buddy application, BiiSafe cloud service, BiiSafe web-portal service, BiiSafe Buddy smartphone Bluetooth accessory and any pre-release, free, pay and premium versions of the said products; and (ii) updates and upgrades as well as any manuals, instructions and other online, electronic or written materials or documentation made available by BiiSafe (collectively “Service”).
By installing the Software or by using or accessing the Service, you hereby agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not entitled to use the Service and you must uninstall the Software from any computer or device on which it is installed.
All intellectual property rights pertaining to the Software and Service (including without limitation copyright, registered and unregistered trademark and design rights, patents, domain names, business names, trade secrets and database rights) shall be retained by BiiSafe or by its licensee(s).
BiiSafe reserves all rights not expressly granted to you.
1. Description of Service
BiiSafe’s Service consists of the Biisafe Mobile Device Client Application and the BiiSafe Server Service. Service may also include Bluetooth based smartphone accessory BiiSafe Buddy, which is connected to the mobile device in use. The Client Application running on a mobile device or tablet computer communicates with BiiSafe Buddy Bluetooth device and may collects different sensor information built in BiiSafe Buddy accessory or in mobile device itself. Sensors can vary according to device or features included in BiiSafe Buddy smartphone Bluetooth accessory. Typical sensors are e.g. mechanical switches, wireless networks, satellite positioning systems, accelerometers, temperature sensors and electronic compasses. The Client Application analyses recorded sensor information according to predefined adjustable rules and triggers messaging and data transfer when sensor information matches predefined rules. The Server Service addresses and transfers messages and related data in accordance with user-defined settings between addressed Mobile Devices. The Server Service utilizes Push Notification Services offered by Google Inc., Parse LLC. and Apple Inc. Service may also utilize other 3rd party services offered by other companies to share information or send messages between the users.
2. Scope of the Agreement
BiiSafe grants you a limited, non-transferable license to use the Software and the Service with a device you own or control. You are not allowed to distribute or make the Software or the Service available over a network in order to enable the use of the Software or the Service by multiple devices at the same time.
You are not allowed to rent, lease, lend, sell, redistribute or sublicense the Software or Service. You are not allowed to copy – except as expressly permitted by this Agreement – decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or Service, any updates or any part thereof – except and only to the extent any foregoing restriction is prohibited by applicable law.
The terms of this Agreement govern all upgrades provided by BiiSafe that replace and/or supplement the Software or Service, unless such upgrade is governed by a separate license agreement for end users, in which case the terms set out in the said new agreement shall prevail.
The Software or the Service may enable access to BiiSafe’s or a third party website. Use of the Software or the Service may require access to the internet. Furthermore, the use of any websites may require consenting to additional terms and conditions.
The Software or the Service might display or make available content from third parties or provide links to third party websites. BiiSafe is not liable for the content, accuracy, validity, legality or any other aspect of such third party content and/or website.
BiiSafe is not liable or answer to you or any other person for any third party websites nor is BiiSafe liable for any actions or omissions carried out by you and/or third parties. You agree to use the Software and Service at your own risk. You acknowledge that use of the Software or Service does not guarantee your personal safety or that of third parties. You acknowledge that the incorrect use of the Software or Service (e.g. the Software being switched off) may lead to the Software or Service not functioning properly. Nothing stated herein shall limit your obligations to act with due care if you use the Software or Service.
BiiSafe does not guarantee the accuracy, availability, completeness or reliability of location data provided by the Software or the Service. The accuracy of the location information and timely delivery of message may be affected by the condition of your device, your surroundings and as well the condition of external services used for delivering the messages (like cloud – services or SMS – delivery services) and the device of your contacts. Unless otherwise expressly stated or legally required, BiiSafe disclaims any warranty that the location sharing or alert sending function will work accurately, continuously or without any error. Please note that your contacts must be logged into the same BiiSafe Circle with a working mobile phone and the device must be turned on and capable of accepting messages or text messages.
BiiSafe does not guarantee that the Software or Service is appropriate or available in any particular location. By using the Software or Service you are liable for complying with applicable laws and regulations, including without limitation export rules and regulations.
BiiSafe reserves the right to change, suspend, remove, limit or disable access to the Software or to the Service at any time without prior notice or any liability.
4. Personal Data
BiiSafe may collect and use your personal data as well as technical data concerning your device and software to improve its products and to provide services, technologies and updates.
By installing the Software or by using or accessing the Service, you also hereby acknowledge that personal data, such as your email address and password, are collected and processed by BiiSafe. The description of the BiiSafe data file can be reviewed at: biisafe.com.
5. Term and Termination
This Agreement shall remain in effect until terminated by you or BiiSafe. If you fail to comply with the terms of this Agreement, your rights under this Agreement will terminate automatically.
Upon termination of this Agreement, you shall cease using the Software and Service, and uninstall the Software from any computer or device on which it is installed.
6. No Warranty
THE SERVICE IS PROVIDED TO YOU “AS IS”, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOU USE THE SERVICE AT YOUR OWN RISK. BIISAFE, BIISAFE’S LICENSORS, SUPPLIERS OR RESELLERS HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, UNINTERRUPTED USE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING IN THE COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BIISAFE DOES NOT WARRANT THAT THE CONTENT OF THE SERVICE IS ACCURATE, RELIABLE OR CORRECT, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SERVICE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN ADVICE PROVIDED BY BIISAFE, BIISAFE’S LICENSORS, SUPPLIERS OR RESELLERS OR ANY AUTHORISED REPRESENTATIVE SHALL CONSTITUTE A WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7. Limitation of liability
IN NO EVENT SHALL BIISAFE, BIISAFE’S LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, POSSESSION, ACCESS OR MALFUNCTION OF THE SERVICE, INCLUDING WITHOUT LIMITATION THE LOSS OF GOODWILL, DAMAGES TO PROPERTY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT BIISAFE, BIISAFE’S LICENSORS, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IN NO EVENT SHALL BIISAFE’S TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED FIFTY (50) EUROS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The headings included in this Agreement are for the convenience of reference only and shall not in any way limit or affect the meaning or interpretation of the provisions of this Agreement. You are not entitled to assign this Agreement or any rights granted hereunder to a third party without BiiSafe’s prior written consent.
This Agreement represents the entire understanding and agreement between the parties with respect to the Service. If any form or provision of this Agreement shall be found to be invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary in the court’s opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly.
Failure by a party at any time to require the performance of any provisions of this Agreement shall in no manner affect its right to enforce the same, and the waiver by a party of any breach of any provision of this Agreement shall not be construed to be a waiver by such party of any succeeding breach of such provision or waiver by such party of any breach of any other provision hereof.
9. Applicable law and dispute resolution
This Agreement is governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or in relation to this Agreement or the breach, termination or validity thereof shall be settled in the first instance at the District Court of Helsinki, Finland. Nothing herein shall limit your rights as a consumer under applicable mandatory consumer legislation.
Copyright © 2015 BiiSafe Ltd. All rights reserved.
Last updated 15.4.2014
BiiSafe Ltd. 02130 Espoo, Finland.