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Version 2.0.0 (EN) – Version date 2020-09-25
These Terms and Conditions settle the agreement between MySafetyEye ApS (Here-after ”MySafetyEye") and a person or any other entity, who use the MySafetyEye service on whose behalf the user accepts present Terms and Conditions (Hereafter “The user”). Only users over 18 years of age or older can enter into an agreement with MySafetyEye and use the service.
To access the Service, the user must read and accept these Terms and Conditions. If the user does not agree to be bound by the Terms and Conditions of this agreement, the user may not access the Service.
MySafetyEye provides the online service via the MySafetyEye app, which can be downloaded from App Store (Apple) and Google Play (Google). The service gives the user access to MySafetyEye’s services as selected when ordering.
The service can be utilized on smart phones and tablets with continuous internet data access for the primary purpose of being able to monitor the home.
The “Free subscription“ is free of charge, which the user may choose within the sign up flow. With the “Free subscription” the user is able to monitor the home, apart-ments, summerhouse, office etc. and receive notifications from user reported inci-dents including reports of house burglaries, summerhouses, businesses, cars and any other suspicious behavior. In addition, the user will be notified of local burglary incidents, which have been published via Police reports.
With the “Donation subscription” the user gets the same access as the “Free sub-scription” including the option to monitor, receive notifications and notifying them of suspicious behavior as well as receive Police reports etc.
Furthermore, the user with the “Donation subscription” can also notify a panic button if it is urgent. Reports are sent to the local area, to those users who may be able assist with local help. The “Donation subscription“ is a paid subscription, which the user may choose within the sign up flow.
With the “Home Alarm subscription”, the user gets the same access to monitoring, receiving notifications and notifying them of suspicious behavior as with the “Free” and “Donation” subscription.
Furthermore, the “Home Alarm subscription” allows the user to easily set up a house alarm utilizing the Motion Detection enabled and captured by the alarm phone camera together with MySafetyEye app software. These functions consist of a monitoring and Motion Detection service. The home alarm is a motion alarm that sends alarm notifications or e-mails to the user's primary smartphone when the smartphone used for monitoring detects a motion.
In addition, users with "Home Alarm subscription” can also share access receiving the user's own notifications as well as sharing cameras with trusted friends via the MySafetyEye app. Based on sharing the smartphones’ geographic location, it is pos-sible to enable automatic on and off for the cameras. It should be noted that this automatic on and off operation of the cameras are carried out with the geographical uncertainty that follows the smartphones lack of precision and/or delay in indicating the geographical location. The “Home Alarm subscription” is a paid subscription, which the user may choose within the sign up flow.
To access the service, the user must register a user account in the MySafetyEye app with subscription type “Free”, “Donation” or “Home Alarm”
When you subscribe to MySafetyEye, we will send you a temporary password either by e-mail or SMS, thereby verifying your e-mail address and/or phone number. In connection with your subscription creation, we reserve the right to verify your in-formation.
If the information is insufficient or deemed incorrect, we will contact you to verify your information. If your information is deemed incorrect, we reserve the right to immediately discontinue your subscription and deactivate your account without your consent. Your information will subsequently be deleted and will not be found again.
When registering, the user must provide a username and password (Hereafter "Login credentials"). The user's login credentials are personal and may not be used by others.
The user must keep the login credentials in a secure place so that others cannot have unwarranted access to it. The user is responsible for all use of their user account.
The user is responsible for ensuring that the credentials provided is correct at the time of registration. The user is also responsible for all activities that occur under the relevant login credentials. If the user suspects illegal use of their login credentials, he or she must immediately notify MySafetyEye and change the password.
MySafetyEye gives the user a revoked, non-exclusive, non-transferable, limited license to download, install and use the service for his or hers personal and internal business purposes strictly in accordance with this Terms and Conditions.
The user agrees to not use or encourage others to use the mobile app or subscription service that is accessed through the mobile app in a way that could harm or impair the use of the mobile app or subscription service by others.
The user also agrees not to violate the usage limits or controls specified by (a) the App Store Terms of Service for iOS users accessing the mobile app on an Apple product, or (b) Google Play Terms of Service for Android users accessing the mobile app on an Android product.
You as a user declare and warrant that (a) you are not in a country subject to a U.S. government embargo or contained in Section 15, Part 740, Appendix 1, Group E of the United States Code of Federal Regulations; (b) You are not in a country designated by the US Government as a "terrorist-supporting" country; and (c) You are not on any U.S. government list of prohibited or restricted parties. You also agree not to transport the mobile app to or use the mobile app in such a country.
MySafetyEye reserves the right to make changes to these Terms and Conditions as well as changes to the service from time to time due to changes or requirements in applicable law, new app features or changes in business practices.
MySafetyEye always strives to improve the services, which is why MySafetyEye can implement changes, updates, or improvements to the service at any time.
MySafetyEye publishes the latest version of Terms and Conditions on www.mysafetyeye.com and on the MySafetyEye app. We recommend that the user checks the latest version regularly as this is the applicable agreement. If the user continues to use the service after the changes have taken effect, the user agrees to these changes and thereby to the new agreement on Terms and Conditions.
Notwithstanding the foregoing, the user is responsible for complying with the updated terms published online on MySafetyEye’s website, even if these updated terms appear on MySafetyEye’s website before being published on the service.
If the changes include material changes to the user’s rights or obligations, MySafe-tyEye will notify the user of the changes within 30 days before they take effect. The notification is sent via e-mail, through the service or website, unless applicable law prevents such notice.
MySafetyEye may provide maintenance and support to the mobile app, but MySafe-tyEye has no obligation to provide such services to the user and may terminate such services at any time without notice. Also, due to requirements in applicable law, business practices as well for maintaining technical platforms then new app features, changes or discontinuous of features may apply over time. This also means that MySafetyEye may also remove and improve features. In this case, we will notify these changes unless such notice is not possible under applicable law.
Furthermore, the user acknowledges that neither Apple for iOS mobile app or Google Play for Android mobile app has an obligation to provide maintenance or support services related to the mobile app.
There is granted a full 14 weekday right of return to the users unless better terms are stated in your order. The 14 weekdays right of return period begins on the day the user subscribes.
A request for cancellation must therefore be notified to MySafetyEye within 14 weekdays after you subscribe and must reach us within 14 weekdays of being in-formed of your use of the right of withdrawal.
The request for the use of the right of withdrawal must be sent by mail to info@mysafetyeye.com..
The message must clearly draw attention to your desire for the use of the right of withdrawal.
The right of complaint is granted on products in accordance with the Danish Sale of Goods Act. The right of complaint applies to all errors in software, material and fab-rication.
The complaint is waived by incorrect or unusual operation of the product.
MySafetyEye reserve the right to errors in the app. Right of complaint is not accepted for officially depreciated smart phones, officially depreciated operation platforms (iOS or Android), errors in the smart phone operations system, for users with a “Free subscription”.
Complaints are not accepted if the complaint has not been filed within reasonable time after the incident occurred including COD.
Complaints should be filed to info@mysafetyeye.com.or by mail post to;
MySafetyEye ApS
CVR-NR. DK39103591
Holte Midtpunkt 23, 3rd floor,
Holte 2840
Denmark
User termination
If the user has signed up for a subscription with monthly payment, the user can ter-minate the subscription at any time with 1 months’ notice to the end of a month. For instance, if the user terminates his or her subscription on May 15th, 2021, the subscription will expire on June 30th, 2021.
If the user has signed up for a subscription with an annual payment, the user can terminate with 1 months’ notice with effect from the end of the month where the subscription with the annual payment expires. In this regard, the subscription expires on the day of completion for next subscription renewal. For instance, if the user paid for the annual subscription on May 15th, 2021, and the user hereafter terminates the subscription during the subscription period, the subscription will not expire until May 15th, 2022. To avoid subscription renewal, the user must notify termination no later than 1 month before the renewal, which in above-mentioned example entails notice of termination no later than April 15th, 2022.
As a user, you have access to use your subscription until the end of its termination. To terminate the agreement, the user must notify this per e-mail to in-fo@mysafetyeye.com. The user will receive a confirmation of the completion of the termination. If there is any doubt as to whether a subscription has been terminated. It is the user's responsibility to prove that he or she has terminated the subscription.
MySafetyEye’s termination and suspension
MySafetyEye reserves the right to suspend the user access and terminate the mobile app subscription service at any time. MySafetyEye can terminate a user’s subscription with 1 month notice.
If the user significantly violates his or her obligations in accordance with the Terms and Conditions, MySafetyEye may even terminate a subscription with immediate effect. Significant violations will, for example, consist of the user's lack of punctual payment or late payment of an amount due, however is not limited to these examples.
If MySafetyEye becomes aware that the user persistently mismanages the service, uses the service for purposes other than intended, or misuses the service for criminal purposes, there is a breach of the contract, and the service ceases immediately. If the abuse is a criminal matter, then MySafetyEye reports the incident to the local Police.
YOUR USE OF THE MOBILE APP IS AT THE USERS OWN RISK. THE MOBILE APP IS DE-LIVERED ON A "AS IS" AND "AS ACCESSIBLE" BASIS. MYSAFETYEYE EXPRESSLY DIS-CLAIMS ALL WARRANTIES FOR ANY IMPACT, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-VIOLATION.
The mobile app is only available for supported devices and does not necessarily work on all iOS and Android devices with all versions of operating systems, for an example MySafetyEye currently works on iPhone 5 and newer. It is entirely your responsibility to determine whether your device is supported or is a compatible device for using with the mobile app, and downloading the mobile app is at your own risk. MySafetyEye does not verify or guarantee that the mobile app and device are compatible or that the mobile app will work on your device.
In the event of MySafetyEye does not comply with an applicable warranty, you must notify Apple.
IN THE EXTREME, ACCORDING TO APPLICABLE LAW, APPLE INC. NO WARRANTY OB-LIGATION REGARDING (A) THE MOBILE APP, AND (B) ALL OTHER CLAIMS DERIVED FROM LOSSES, LIABILITIES, DAMAGES, COSTS, THIRD-PARTY EXPENSES, AND DATA LOSS COSTS IN RELATION TO APPLE'S WARRANTY OBLIGATION.
GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESSED, IMPLIED, MEANT OR DERIVED FROM, BUT NOT LIMITED TO, WARRANTIES AND TERMS OF BUSINESS, USABILITY FOR A PARTICULAR PURPOSE.
MySafetyEye disclaims any responsibility for the functionality of the smart phones and streaming, Motion Detection and notification features (also referred to as motion alarm), including online access and availability, errors, missing updates, and no-show of service functionality, including viruses, technical failures, etc. This also applies to a lack of support for some phone and operating system versions.
Except for MySafetyEye’ s obligations set out in this agreement, MySafetyEye is not liable to the user for indirect or consequential damages – including loss of income, loss of opportunity or profit, loss of property or restoration thereof, loss of privacy, loss of goodwill, recovery costs and costs of additional time or external services – as a result of the user’s use of the products and services provided under this Terms and Conditions.
MySafetyEye is based solely on the social virtual and voluntary alarm community of MySafetyEye users and is made available to users who have joined the service. The individual user is given no obligation or responsibility to assist other users with monitoring, alerting, emergency response and so on; it is only a voluntary choice for the individual user to help other users. In addition, a MySafetyEye subscription does not give the individual user separate responsibilities, rights, obligations or powers in relation to other users beyond what is legally applicable to ordinary citizens of each, country.
In no way MySafetyEye is participating the virtual and voluntary alarm community. MySafetyEye is not a security services company and does not service any kind of on-call service or help assistance. Therefore MySafetyEye disclaims any responsibility for monitoring, alerting, response, burglary, loss and destruction of assets etc. MySafetyEye uses the term home alarm as a software-based Motion Detection alarm enabled on the user's mobile device. The home alarm is not a physical device as in the usual perception within the alarm industry.
Transmission of communications including alarms between users' smart phones and alarm devices to the MySafetyEye service and the service dependent on the third party's transmission network and hardware. Therefore, MySafetyEye cannot be held responsible for delay or complete no-show of communication including streaming or, motion detection alarm signals. Furthermore, MySafetyEye disclaims any responsibility for delayed or unsuspecting communication between devices. Therefore, MySafetyEye cannot be held liable for any incidents for example, but not limited to, burglaries in houses, cars, direct or indirect loss and destruction of assets, fire, personal injury, death etc.
Finally, MySafetyEye disclaims any responsibility related to any content that users notify and the use of the panic button.
MySafetyEye holds the intellectual property rights and retains the proprietary right to all software, trademarks and services provided under this agreement, including all documentation, modifications, enhancements, upgrades, derivatives, and all other intellectual property rights related to the service, including MySafetyEye name, logos, trademarks reproduced through the service.
In the event of a breach or violation of this property right, MySafetyEye reserves the right to stop the service and seek compensation in accordance with applicable Danish law.
In the event of a third-party claim that the mobile app or your possession and use of the mobile app violates third-party intellectual property rights, MySafetyEye is solely responsible for investigating, defending, settling, and eliminating such intellectual property infringement allegation.
This privacy policy describes what personal data MySafetyEye processes about you as a user, and how we process it. Therefore, we kindly ask you to read this privacy policy carefully.
MySafetyEye collects and processes your personal information responsibly with re-spect for your privacy and in full compliance with the Danish Data Protection Act and the General Data Protection Regulation (GDPR).
MySafetyEye protects this information in accordance with MySafetyEye’s privacy policy in this Terms and Conditions published on the Website www.mysafetyeye.com.
The data controller for the processing of personal data under the privacy policy is as follows;
MySafetyEye ApS
CVR-NR. DK39103591
Holte Midtpunkt 23, 3rd floor,
Holte 2840
Denmark
MySafetyEye is hereby the data controller for data that you provide to us, and we store and transmit customer information encrypted.
The person responsible for personal data protection at the data controller can be contacted at info@mysafetyeye.com.
In order to enter the agreement with MySafetyEye requires the following user in-formation;
MySafetyEye has access to user information that is recorded. Your personal password cannot be decrypted. When collecting personal data, we ensure that it is always done by the users giving consent, so the user is informed about what information is collected and its purpose.
MySafetyEye displays the user’s address on the map, but other additional information is not displayed or shared with others. MySafetyEye does NOT have access to your surveillance camera and any images recorded as part of the motion detection are stored encrypted. The encrypted images are deleted without exception continuously after 10 days, but the user is also provided the option to delete the images at any time.
The e-mail and password are used as user identity when logging in to MySafetyEye. The e-mail is also used for communication. As a starting point, we want to send a news e-mail once a month. To maintain the operation of the service, in rare situations it may be necessary to contact you by e-mail. You can unsubscribe from news mail at any time, cancel the subscription or have your information handed out in PDF form and subsequently deleted. For more information, you can e-mail us at info@mysafetyeye.com.
With the purpose of providing the service to the user, MySafetyEye registers and process the personal data, which are required to operate and provide the service.
Unless the user has requested a data deletion, right to be forgotten, the personal data is stored - as a starting point - up to five years after the termination of a subscription after which the information is deleted.
If the user exercises the right to be forgotten, the user's content and data will be deleted within 10 working days after MySafetyEye has received the user’s termination notification. The termination notification must be e-mail to info@mysafetyeye.com.
MySafetyEye does not disclose and resell user personal information. The personal data are only registered in the MySafetyEye database. You can have your information deleted at any time.
MySafetyEye uses third-party providers as Google Analytics, Facebook etc. assisting us in analyzing user data.
By downloading the mobile app, the user grants MySafetyEye permission to send the user (including via e-mail and push notifications) information about the subscription service and mobile app, such as (a) notifications about the users use of the subscription service and mobile app, including usage violations notifications; (b) up-dates to the subscription service and mobile app and new features or products; and (c) promotional information and material relating to MySafetyEye's products and services. The user can review the user account message settings and adjust message settings, including the option of additional notifications or unsubscribing from specific messages through the "Notifications" section of MySafetyEye app Settings.
As registered with MySafetyEye, the user always has the right to object to the regis-tration. The user also has the right to know what information is registered about the user. Furthermore, the user has the right to receive information about what infor-mation MySafetyEye has registered, rectified or deleted.
If the user wants to make use of these rights, please contact the person responsible for personal data protection at the data controller, including info@mysafetyeye.com.
At MySafetyEye’s website cookies are used with the aim of optimizing the website and its functionality, thus making the visit as easy as possible for you.
You can delete cookies from your computer at any time. Learn how to delete your cookies on http://www.thagaard.org/cookiehandtering/.
MySafetyEye is logging user statistic, which means that a statistics system collects information that can give a statistical picture of how many visitors we have, where they come from and where on the website it is left, etc.
The log statistics are only used for the purpose of optimizing MySafetyEye's website.
As a data subject, you have the right to lodge a complaint with a supervisory authority to;
Danish Competition and Consumer Authority
Carl Jacobsens Vej 35,
2500 Valby
Denmark
For EU citizens outside the EU, complaints must be sent via the EU Commission's online complaints platform on the website https://ec.europa.eu.
Note that with every submission of a complaint should also be filed sending an e-mail to info@mysafetyeye.com.
MySafetyEye reserves the right to update the privacy policy in this Terms and Condi-tions in the future.
When we update the privacy policy, MySafetyEye ensures that you are informed in an appropriate manner that is tailored to the importance of the updates to you.
MySafetyEye ApS
CVR-NR. DK39103591
Holte Midtpunkt 23, 3rd floor,
Holte 2840
Denmark
Website: www.mysafetyeye.com
E-mail: info@mysafetyeye.com.
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