I. IMPORTANT SAFETY INFORMATION
The Uepaa app (the “app”) is an additional function which, in an emergency situation, can help rescue workers be notified earlier and find the user more quickly. This additional function therefore does not replace conventional safety measures in any way!
In particular, the following safety instructions must be observed:
Compliance with safety measures is still required
Uepaa AG cannot guarantee that the app will send an emergency call and locate the user in every emergency situation. The safety measures required for the respective activity must therefore continue to be fully complied with. For example, the Uepaa app cannot replace the careful planning and preparation of a business, appropriate training or suitable equipment. The app also does not replace an accompanying person under any circumstances.
Existing smartphone functionality required
The transmission of signals to the server requires the functionality of your own smartphone. The functionality of the smartphone can be impaired for various reasons, such as manual damage to the smartphone, extreme cold or heat, or moisture. In addition, the smartphone battery must be charged. Check that your smartphone is working and that WiFi is activated before you start your activity and protect your smartphone, for example by using a smartphone case.
Requires other smartphones with Uepaa app within range
Alerting via Uepaa Net requires that other smartphones with a running app are within range or coming into this area. In very remote areas, for example, the transmission of the emergency call via the Uepaa Net may therefore not work and you may not be able to send emergency calls nor can you be completely located. Disclose the route you have planned for your activity to a third party.
Software malfunction
Programming errors in the app's software cannot be completely ruled out. In particular, programming errors can occur when developing the app. In addition, it cannot be ruled out that the software may be affected by viruses or hacking. In this way, too, the functionality of the app may be limited in individual cases.
Smartphone compatibility required
In line with the “best effort principle”, Uepaa AG strives to exploit the possibilities of commercially available smartphones. However, it is not possible for Uepaa AG to know all components and the complete hardware and software of all smartphones available on the market. In particular, a new version of a smartphone may have had components removed and the hardware or software changed. Uepaa AG cannot therefore guarantee that the app is compatible with every smartphone. A lack of compatibility can mean that the app is only partially functional or not functional at all. However, a lack of compatibility can also impair the functionality of other functions of the smartphone.
No guarantee that an emergency call will be triggered as part of camera assistance
As part of comrade assistance, an emergency call is only sent to the Uepaa partner if the emergency situation is confirmed either by you or by another user of the Uepaa app or by a third party authorized by you. There is no emergency call without confirmation. Make sure that the third person authorized by you is sufficiently instructed and available by you to be able to decide whether an emergency call should be sent.
No guarantee that a rescue operation will be carried out
Even after the Uepaa Partner has been notified, there is no guarantee that a rescue operation can actually take place or in time. A rescue operation can be delayed or even made impossible by another accident, for example due to weather conditions, the geographical location of the scene of the accident or the tightening of all rescue capacities. The Uepaa partner will decide whether to carry out the rescue operation. A rescue operation can only take place where it has a Uepaa partner.
II. TERMS OF USE
A. Definitions
B. How the app works
Emergency calls: The user can use the app to send an emergency call to a Uepaa partner. The emergency call also contains data which makes it possible to locate and identify the user. The emergency call reaches Uepaa via the mobile network and, after involving the emergency contacts, to their partners.Ortung: The app sends data to the server at regular intervals via the mobile network with information about the user's respective location. This helps rescue workers to locate the user. If the location is not possible because the user is not in the area of a mobile network, the emergency services receive the data about the user's last location and can restrict the search accordingly.Comrade help: The app registers certain noticeable changes that may indicate an accident event. The app then asks the user whether an emergency call should be sent out. If the app does not receive any feedback from the user, it reports the possible emergency situation to other Uepaa app users within range. They are asked to check whether there is actually an emergency situation and, if so, to trigger an emergency call. No rescue will be initiated without confirmation of the emergency situation by the user, another app user or a third person. The exact functionality of the app is derived from the description in the app store where the user purchased the app. The description of how the app works in the app store or elsewhere does not in any way constitute a guarantee or warranty statement.
C. Acquisition by the user
The user acknowledges
In addition, the user acknowledges that Uepaa AG is in no way responsible for the services provided by Uepaa partners. In particular, Uepaa AG is not responsible for the fact that a rescue operation is actually carried out by the Uepaa partner. The Uepaa Partner provides its service independently of Uepaa AG and is not an assistant to Uepaa. Uepaa AG is therefore also not obliged to check or monitor the Uepaa Partners and the services they provide or to instruct the Uepaa Partner.
D. Disclaimer of warranty and liability
The warranty for this app and the services associated with it (in particular, but not exclusively, the functioning of the app described under B) as well as for any further restrictions on the functionality of the app that impair or make impossible the intended use of the app are completely excluded.In particular, Uepaa AG also does not guarantee that the Uepaa Partner will actually carry out a rescue operation after receiving an emergency call. The legal warranty with regard to non-infringement of third-party rights is completely excluded. To the extent permitted by law, Uepaa AG's liability for any damage (e.g. indirect and direct, direct and indirect damage, personal, property and financial damage) arising from the app, its use or transfer of data to Uepaa AG or to third parties or otherwise in connection with the app by the user or third parties associated with the user is completely excluded. In particular, Uepaa AG is also not liable if the app impairs the functionality of the software or other apps and causes damage to the user as a result. The disclaimer also applies to third parties to whom the app has been made available in violation of these terms of use. This disclaimer also applies to the employees and organs of Uepaa AG and to the Uepaa partners and other users of the app. This disclaimer also includes non-contractual liability.
E. Costs of rescue operations
The user agrees to bear the costs of a rescue operation triggered by his emergency call or by an emergency call as part of comrade assistance or by a third person in accordance with the terms of the Uepaa partner or another rescue organization that provides assistance or tries to provide assistance. This obligation of the user to pay costs applies even if the emergency call was initiated by or because of a third person who the user of this app in violation of these terms of use left behind.F. Alerts without confirmation from usersIf Uepaa or a Uepaa partner receives an alert, an attempt is made to contact the user to confirm the emergency situation. If confirmation is not possible, the emergency contacts selected by the user will be contacted. They decide whether the rescue will be initiated. The user acknowledges that neither Uepaa AG nor the other users of the app provide any guarantees to him. Neither Uepaa AG nor the other users of the app are obliged to check the notification from the app that the user may be in need and to send an emergency call. In particular, it may be that the other users of the app do not take notice of the app's notification of a possible emergency situation by the user in good time or are unable to clarify whether an emergency situation exists.
G. Prohibited use of the app
The user undertakes to use this app only for purposes that do not violate these terms of use or applicable law or infringe the rights of third parties. The user undertakes to make an emergency call only in an emergency situation and to ensure that third parties (in particular children) do not send an unfounded emergency call. The user undertakes to use this app exclusively himself and not to make it available to third parties. violates these terms of use or applicable law , the user is obliged to fully indemnify Uepaa AG from any claims made by third parties (including payment of attorneys' fees and court fees).
H. Applicable Law and Jurisdiction
Swiss law applies to this app and its terms of use. The courts at the registered office of Uepaa AG are responsible for disputes arising from or in connection with these terms of use or with the app.
I. Amendment to the terms of use
Uepaa AG is authorized at any time to amend these terms of use unilaterally, without the consent of the user. In this case, the user will be notified of the change in the terms of use of the app and must accept them before the app can be used again. Otherwise, Uepaa AG is entitled to cancel the contract without compensation and with immediate effect. In this case, discontinuation of service by Uepaa AG is equivalent to termination. Continued use of this app after such a change is also considered consent to the change.
J. Final provisions
Should individual provisions of the terms of use be or become invalid in whole or in part, the effectiveness of the remaining provisions shall not be affected. In this case, the parties agree to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to gaps in these terms of use. In particular, the terms of use, licensing and data protection of the app store, where the user purchased the app, can be applied analogously for this purpose. The user declares that they have read and understood the terms of use and the privacy policy and agree to them by clicking on “Accept”. Use of the app and associated services is in any case considered to be an acceptance of these terms of use and the privacy policy.