Echo112.com General Terms & ConditionsThe following are the terms and conditions for access and use of the echo112.com API (“API”) between MobileMed Sàrl, 1005 Lausanne, Switzerland (“We”, “Us” or “Ourselves”) and You (“You”, “Your” or “Yourself”). By accessing and using the API, you acknowledge that You have read and that You have understood each of these terms and conditions (“Terms”), and You hereby confirm Your acceptance of the Terms to which You shall be bound from the date of signature by both parties (“Effective Date”). We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes. By using the API, You agree that the posting of new or revised Terms shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the API after any such changes or after explicitly accepting the new Terms upon using the API shall constitute Your consent to such changes.
- Service The API enables You to have the emergency local number of the country You are currently residing automatically dialed when You run the API; By being referred to the www.echo112.com website and inserting Your phone number on the website, the operator You will be put in contact with by running the API will be able to access Your exact location by geo-localization; Such location will remain available for an hour after Your having run the API to enable rescue services to assist You (altogether the “Services”).
- Member Account and Security
- To access and use the API, You must complete the registration process by providing Us at a minimum with Your cell phone number and, at Your own discretion, with Your name, first name and e-mail address. The API being constantly updated, upgraded and subject to new release versions, additional data may be provided in the future at Your discretion, including medical data such as allergies You are suffering from, drugs prescribed to You or the identity of the person to be contacted in case of emergency. Your attention is hereby expressly drawn upon the fact that such data, in particular medical, are considered sensitive. By submitting such data, You hereby expressly consent to its access and use by the Us, the operator and/or rescue services (altogether the “Service providers”). The information provided for by Yourself through the registration process is altogether referred to as “Your Personal Data”.
- You understand that the API shall only fulfill its goal if Your Personal Data are constantly actual and correct. As a result, You undertake to constantly update Your Personal Data to ensure their accuracy and correctness.
- You are solely responsible for any and all activities (including misuse) of the API and related Services that occur through your cell phone number. You agree to notify Us immediately upon learning of any unauthorized use of the API through Your cell phone number.
- Non-exclusive License.
- Subject to these Terms, We grant You a limited, revocable in accordance with these terms of these Terms, non-exclusive, non-transferable worldwide license to access and use the API during the Term.
- Unless otherwise permitted by Ourself in writing, You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the API and its documentation; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or trade secrets of the API, except to the extent applicable laws specifically prohibit such restriction; (iii) rent, lease, sublicense, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the API and its documentation outside the scope of the license granted herein; (iv) use the trademarks, trade or business names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Services for any purpose without Our express written consent; (v) register, attempt to register, or assist anyone else to register or attempt to register any trade mark, trade or business name, service marks, logos, domain names and other distinctive brand features, or any other copyrighted material or other proprietary rights associated with the API and related Services; (vi) remove any proprietary notices or labels on the API; or (vii) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the API. You will comply with all applicable laws and regulations in Your access and use of the API to benefit from the Services.
- Access and use of the API by minors, as defined in accordance with their applicable law, is subject to the prior approval of their legal representative, which shall be considered as having been granted through such access and use.
- The attention of the legal representatives is hereby drawn upon the fact that they shall be considered as responsible and liable for the minor they represent as to the access and use made by such minor as to the API and related Services towards the Service providers.
- Representations & Warranties
- You represent and warrant that: a) You have the right and authority to agree to these Terms and enter into an agreement with Us; b) All information provided to Us by You will be current, true, accurate, supportable and complete and that You will promptly notify Us of any changes to such information; c) You will comply with the terms of and fulfill Your obligations under these Terms; d) You will in particularly be responsible for all costs, expenses, losses and liabilities incurred, and activities You undertake in connection with Your access and use of the API and related Services.
- With regards to Your access and use of the API and related Services, You more particularly represent and warrant that: a) You will only access and use the API for the purposes and in the manner expressly permitted by these Terms to enable Your geo-localization by the Service providers in case of emergency; b) You will not access and use the API and related Services for any unlawful or illegal activity; c) You will not, directly or indirectly, commit any act intended to interfere with the API, the intent of these Terms, or Our business practices including, but not limited to, taking actions that may hinder the intended use of API and related Services; d) You will not, through access and use of the API, disable, hack or otherwise interfere with any security, digital signing, digital rights management, verification or authentication mechanisms implemented in the API, or enable others to do so.
- We represent and warrant that: a) We will comply with the terms of and fulfill Our obligations under these Terms; b) To the best of Our knowledge and belief, the API does not violate, misappropriate, or infringe any third party copyrights, trademarks, rights of privacy and publicity, trade secrets, parents or other proprietary or legal rights.
- Disclaimer of Warranties
- The API is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, no infringement, or fitness of a particular purpose. You accept that the API was not designed or produced to Your individual requirements and that You are responsible for its selection and operation during the Term. While We shall use reasonable endeavor to ensure that the API properly operates, We in particular do not represent or warrant that: (i) the API will be uninterrupted or error-free; (ii) that defects will be corrected; (iii) that the API will be free of viruses or other harmful components; or (iv) that the use of the API and any other information available through the API will be correct, accurate, timely or otherwise reliable.
- Except as set out in these Terms and subject to Section 5.3, no conditions, warranties or other terms (including any implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the API or its documentation.
- Limitation of liability
- To the largest extent permitted by applicable law, We shall not be held liable to any party for direct, indirect, special, incidental or consequential damages, arising out of the API and related Services. You access and use the API at Your own discretion and risk and You will be solely responsible for any damages that may result from such access and use (notably abusive), to the largest extent permitted by applicable law.
- You understand and agree in particular that the access and use of the API is subject to certain technical requirements that are beyond Our control. We in particular but not only exclude Our liability for (i) incomplete, incorrect or outdated Personal Data which do not enable the operator to locate You, (ii) any technical hardware or software failures of any kind, (iii) lost or unavailable network connections, or (iv) failed, delayed, incomplete or garbled transmissions, or (v) other problems, errors or omissions which may limit Your use of performance of the API and related Services, or of Your equipment (such as but not exclusively impossibility for the operator or rescue services to locate You due to lack of access to some network connections or other technical reasons), as well as (vi) any delay or failure attributable to unforeseen cause of any cause beyond Our reasonable control.
- Intellectual Property
- We own all rights, title and interest in and to the API, which includes without limitation all intellectual property rights in any update, upgrade, maintenance release and new versions, as well as its related documentation.
- These Terms do not convey to you an interest in or to the API, but only a limited revocable right to access and use the API in accordance with the license granted under Section 3.1.
- Indemnification You shall indemnify and hold Us and Our officers, directors, representatives and employees harmless against any damage, loss, expense, claim or other costs (including reasonable attorney’s fees) resulting from Your use of the API , in particular as to the representations and warranties set out under Section 5.
- Term and Termination
- TERM. This Agreement shall commence on the day you download the API on Your device, and shall remain in force for indefinite period of time (“Term”).
- TERMINATION. Each Party is entitled to terminate this Agreement at any time by (i) removing the API from Your device as far as You are concerned, and (ii) stopping Your access and use of the API at Our own discretion as far as We are concerned; provided, however, that We shall inform You by e-mail of such termination at a minimum three days in advance.
- AUTOMATIC TERMINATION FOR BREACH. This Agreement shall automatically terminate if (i) the other party enters into an arrangement or composition with or for the benefit of its creditors, goes into administration, receivership or administrative receivership, is declared bankrupt or insolvent or is dissolved or otherwise ceases to carry on business or any analogous event happens to the other party in any jurisdiction in which it is incorporated or resident or in which it carries on business or has assets; (ii) the other party is in material breach of this Agreement more than twice notwithstanding any remedy of such breaches by the other party.
- EFFECTS OF TERMINATION. Upon termination of this Agreement, all rights and licenses granted to You hereunder shall terminate, and each Party shall be released from all obligations and liabilities to the other occurring or arising after the date of such termination; all liabilities and obligations that have accrued prior to termination will however survive. Neither Party shall be liable to the other for damages of any kind solely as a result of terminating this agreement in accordance with its Terms.
- Sections 3.2, 4.2, 6 – 10, 11.4 and 12.5 shall survive termination of this agreement.
- ASSIGNMENT. Considering the nature of the Services to be provided through the access and use of the API, You may not assign or transfer any of Your rights or obligations under these Terms.
- FORCE MAJEURE. Notwithstanding and in addition to Section 7.2, neither Party will be liable for inadequate, delayed or non- performance of its obligations under these Terms to the extent that such inadequate, delayed or non-performance is a result of a condition (for example, natural disaster (including earthquake, fire, flood or other acts of God), act of war or terrorism, riot, labor condition, governmental action, power failure and Internet disturbance) that was beyond the party’s reasonable control.
- SEVERABILITY If any provision of these Terms is held by a court of competent jurisdiction to be void, invalid or unenforceable for any reason, such provision shall be enforced to the maximum extent possible so as to reflect the intent of the parties. The remaining provisions shall continue in full force and effect without being impaired or invalidated in any way.
- INDEPENDENT CONTRACTORS. The relationship between the Parties is that of independent contractors, and nothing in these Terms shall make the Parties partners, joint venturers, co-owners or participants in any joint undertaking.
- Applicable Law and Jurisdiction THESE TERMS AND ALL MATTERS ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE GOVERNED BY THE SUBSTANTIVE LAWS OF SWITZERLAND, WITHOUT REGARDS TO CONFLICTS OF LAWS AND PRINCIPLES THEREOF. PARTIES EXPRESSLY EXCLUDE THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS, WHICH DOES NOT APPLY TO THIS AGREEMENT. ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COUR CIVILE DU TRIBUNAL CANTONAL VAUDOIS IN LAUSANNE, AND EACH PARTY HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION AND VENUE OF SUCH COURT.
What personal information do You provide through the API?
The downloading and use of the API require You to register certain information so as to enable the API to fulfill its goal. Such information in particular includes Your cell phone number and, at Your own discretion, Your name, first name and e-mail address.
This personal information shall be stored on both Your device as well as on Our server and may only be disclosed to the Service providers by using the API, i.e. the automatic dialing of the local emergency number through its running.
You understand and agree that Your personal information shall be transferred and processed in the United States of America, where Our server is based, and Your further understand and agree that such hosting is subcontracted to Heroku, a company seated in San Francisco, under the terms provided for by such company (https://policy.heroku.com/tos).
The option to register additional information may be provided in the future such as certain medical data like allergies You are suffering from, drugs prescribed to You or the identity of the person to be contacted in case of emergency. Such information shall however only be provided at Your own discretion and shall only be stored on Your device, without any option for any remote access by any third party, including by using the API.
You understand and agree that the use of the API shall enable Your geo-localization on the www.echo112.com website for one hour as from Your use of the API, primarily by the Service providers, but also by anyone having your cell phone number. You understand and agree that such geo-localization is the primary goal of the API, and hereby expressly consent to such geo-localization if You run the API.
What purpose do We use Your personal information for?
The information provided to Us through Your registration is stored on Our server (at the exclusion of any sensitive information such as medical data) and Your device, with the sole goal of enabling the operator and rescue services to identify and geo-localize You for rescue purposes by Your running the API.
You understand and agree that, in addition, We may also use Your email to contact You for administrative, support or feedback purposes, as well as to prevent breaches of security, the law or Our contractual terms.
To whom will Your personal information be disclosed to ?
In addition to Ourself and Our hosting provider, Your personal information may only be disclosed to the operator and rescue services if You decide to run the API. In such cases, the operator shall be entitled to identify (should You decide to provide such information) and geo-localize You through the www.echo112.com website, and enable rescue services to assist You.
Any medical information that You may store on Your device in the future shall only be accessible on Your device by the rescue services, at the exclusion of any remote access, and only at Your will if You were to select such an option.
Unless required by law or following a legal order delivered by a competent legal authority, Your personal information will never be disclosed to anyone else.
How can You change personal information?
The API shall only fulfill its goal if Your personal information is constantly accurate and complete. To that effect, You may always modify and update Your personal information through your account.
Which countries will Your personal information be accessed to and why?
The API enables a worldwide access to Service providers. As a result, Your personal information may be accessed out of Switzerland depending upon the country from which You run the API. As a result, You hereby expressly consent to have Service providers access and use Your personal information.
How long shall Your personal information be stored?
Your personal information shall be stored on Your device as long as the API is not deleted.
The disclosure of Your personal information on the www.echo112.com website shall be accessible to Service providers for one hour after Your having run the API and shall be automatically rendered inaccessible thereafter.