SafeBeep TERMS & CONDITIONS

I. GENERAL INFORMATION

1. SafeBeep is a mobile application which transforms any Android and iOS smartphone into a complete automatic multi-level alarm and monitoring system, activated against accidents and life threatening situations, provided to you by Bulgarian Telecommunications Company EAD, a company registered in the Commercial Register of the Registration Agency under UIC 831642181, having its registered seat and address: Sofia, Block A, „Hermes Park - Sofia”, 115 I “Tsarigradsko Shosse” blvd., 1784 Sofia, Bulgaria, hereinafter called “VIVACOM”.

2. SafeBeep” is a mobile application software of ITAC INNOVATIVE TECHNOLOGY APPLICATIONS CYPRUS LIMITED”, a company incorporated and registered under the laws of the Republic of Cyprus with registration number HE 350182 whose registered office is at 3 Themistocles Dervis Street, JULIA HOUSE, 1066 Nicosia, Cyprus (hereinafter referred to as “ITAC”), provided to you by VIVACOM, through “Innovative Applications SA”, a company incorporated under the laws of Greece, with company’s registration (ΓΕΜΗ) No. 132846001000, whose registered office is at 342, Kifissias Av. & 58, Pindou Str. Halandri, Attica, Greece, (hereinafter referred to as “IA”).

3. SafeBeep (hereafter referred as the “Service") is ideal for people who want to protect their loved ones and be informed if they are in danger. The application is to be installed on the smartphones of the so-called "Protected members" and connect them with the so-called nominated "Guardian(s)”, thus creating a “protection family circle” for each member separately and all family together. It functions as an-everyday-life service that runs “silently” on the smartphone's operating system and becomes active when a reason for an alarm occurs.


II. MAIN APPLICATION FEATURES

1. Triggers/alerts description

Downloading the application is a rather simple task, giving the opportunity to each member to invite and add new members in the family group. Following the registration procedure each user becomes a Guardian as well as a protected member at the same time. He/she then has the ability to see a plethora of triggers and family monitoring information on his/her smartphone screen. The application provides the opportunity for personalization to certain features according to user’s decision.

The registration procedure is described in detail on www.safebeep.bg

The application’s main triggers displayed in the smartphone screen are:

Car accident - SafeBeep is able to detect when a protected member is involved in a car accident and it immediately notifies the Guardian(s) of the location, the status of this member, the distance to cover and the time required to reach the location of the accident. Following the alert, the system starts a continuous and automatic update of the user’s location on the map every sixty (60) seconds.

Note: the Car Accident trigger is activated when the car speed is over 12km/h provided that either the user carries the smartphone on them or it is placed in the rest position inside the car.

Body fall - SafeBeep can sense both the impact of the fall and the orientation of the falling body of a protected member. This function is very helpful, especially for the elderly. In case of body fall, an alert is generated and sent to all family members indicating the user’s location on the map, as well as the orientation of their body. Following the alert, the system starts a continuous and automatic update of the user’s location on the map every sixty (60) seconds.

Note: in order for SafeBeep to detect the fallen body, the user should carry the smartphone in vertical position in a bag around their waist, in a trousers pocket, or in the inner pocket of a shirt or a jacket. Also, a Body Fall alert is activated only when the user remains in the fallen position for more than 30 seconds.

Safety Perimeter breach - SafeBeep is able to detect any possible breach of the safety perimeter that is set around a designated area. This feature is particularly helpful to protected members who suffer from Alzheimer’s disease or to prevent young children and adult members from abduction. In case of a perimeter breach, the alert that is generated and sent to the members of a “family” group indicates the user’s location on the map. Following the alert, the system starts a continuous and automatic update of the user’s location on the map. The user can easily change the designated area limit (in km) ranging from 200m to 40km by visiting the section “My settings” in the main menu of the app.

Speed limit violation - SafeBeep can also detect possible violation of the speed limit, which is originally set by the application software, and alerts the Guardian(s). In case of speed limit violation, an alert is generated and sent to the “family” members providing information of the user’s speed and location on the map. The Service allows the user to set the speed limit values (in km/hour) easily, ranging from 20km/h to 200km/h.

Member tracking - SafeBeep can track down all protected members’ position on a map. This feature operates and indicates the user’s location on the map every four (4) minutes and can be deactivated according to any protected member’s own will.

Destinations - SafeBeep enables its users to set multiple destinations for a “family” group and thus get notified on a member’s arrival or departure at/from a place.

All above triggers can be changed and fully parametrized through the "my settings" section of the app’s main menu. The user of the Service can deactivate all or some of the triggers/alerts. The other features will still remain active and keep protecting the user.

2. Activity Modes

Moreover, user may check out 4 pre-programmed activity modes related to the most common activities of family members’ everyday life. These are:

at home (When the user is at a place that has been defined as his/hers home or 200 m away)

on the go (When the user is walking/moving)

travelling (When the user is travelling with a velocity > 12km/h)

at any place (When the user is located at a place that has not been defined as his/her home)

In case of life threatening situations, activity modes combined with alert notifications provide a full set of information for the Guardian(s) to better assess accident status.

3. Additional Application Features

SafeBeep offers some additional features that either trigger manual alarms or provide social networking opportunities. Those features are:

SECRET EMERGENCY ALARM - In case a protected member is in danger and needs to notify their Guardian(s) immediately without being noticed, SafeBeep provides a “silent” alarm which can be activated by simply sliding the member’s palm over the phone screen. When a protected member raises a SEA, the “family” members who have enabled receiving notifications get instantly notified with a text message. The message appearing on their phone screen shows the name of the member who raised the alarm and the time the alarm occurred. By tapping on the alert message, the notified “family” members can also view the location and type of the alarm as well as the status of this member.

SOS EMERGENGY ALARM - The SOS Emergency Alarm is the manual alarm that SafeBeep provides and when it is raised, it sends an instant notification alarm to the “family” members who have enabled receiving notifications. When raised, the SOS Emergency Alarm sends an alert after four (4) seconds, during which the member can choose to cancel it.

CHECK IN - SafeBeep enables its users to use the Check – in feature in order to declare their position and share it with any member of their “family”.

CHAT - SafeBeep provides this feature in order to enable its users to chat separately with a member or send message to the entire family list by choosing the option. This feature essentially fosters the sense of immediacy that instant messaging offers and allows users to expand on it with other family members simultaneously, while at the same time allowing them to engage and locate each other, thus increasing the sense of protection and intimacy.

The use of the Service is allowed only to persons having completed the 18th year of their age. The use of the Service from persons under the age of 18 is their parents responsibility.

Each user can use the Service from more than one device at the same time. In this case the user can connect to the other members of the SafeBeep family from any of the devices.

All details of the emergency situations supported by SafeBeep as well as compatible devices with it, are available on www.vivacom.bg/bg/safebeep and on www.safebeep.bg.

4. Environment that SafeBeep runs

SafeBeep needs the following minimum hardware requirements:

4.1. For Android Smartphone:

  • 6.0 OS or later versions;
  • CPU: 1 GHz;
  • RAM:512 MB;
  • SENSORS: PROXIMITY, GPS, ACCELEROMETER;
  • GOOGLE PLAY, GOOGLE MAPS;
  • 3G, 4G Internet connection.

4.2. For iPhone Smartphone:

  • iOS 10 or later versions;
  • 3G, 4G Internet connection.

5. SafeBeep website

In addition to smartphones, the web page www.safebeep.bg provides to all users the functionalities of the application, except the chat function. Extra features are provided to the administrator (initial user) of the application in the "Member’s area".


III. SPECIFICATIONS OF THE SERVICE

1. SafeBeep is not a GPS tracking software. It does not allow covert tracking and Users may not use the Service to track another person without his or her consent, or track an object without the permission of its owner.

You may not use the Service, including the GPS tracking, for illegal purposes that violate Bulgarian, European or international laws.

2. SafeBeep software installed on a cell phone is intended to be used in conjunction with certain VIVACOM tariff plans - Smart S/S+/M/M+/L/L+/XL/XL+/U; i-Traffic XS+/S+/M+/L+/XL+/XXL+; Business Smart XS/S/M/L/XL/U or Business Traffic S/M/L/XL.

Each mobile service cannot be part of more than one SafeBeep family at a time.

3. Please note that you can invite a new member only if his/her VIVACOM mobile service is on one of the compatible tariff plans above. The information about compatible tariff plans, prices and terms and conditions is available on www.vivacom.bg.

4. SafeBeep is designed to operate within mobile network coverage and uses cellular data and Wi-Fi networks to transmit its data. Therefore, operation of SafeBeep and the Service is conditional and dependent on the relevant mobile network coverage and on the quality and specifications of each relevant network within the area of which shall be used and on the condition and quality of the hardware of each smartphone device in which it is installed. The information about VIVACOM network coverage is available on www.vivacom.bg.

5. If you want to cancel your account, please select the corresponding option from the mobile application’s main menu. Your request to delete your account will be fulfilled within 30 days and VIVACOM will not return the montly fee you have already paid in advance for using the Service.


IV. LIMITATION OF LIABILITY

1. SafeBeep is NOT and should NOT be considered as a rescue device, NEITHER substitutes, NOR replaces state, municipal, public authorities such as police, fire brigade, emergency medical or hospital assistance and/or private guardian services.

2. The use of this Service is provided "as is, where is," as an accommodation, and without warranty of any kind, including, without limitation, any warranty of title, merchantability, or fitness for a particular purpose or non-infringement, or according to its specifications.

3. The Service does not warrant that the content 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 or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

4. You should be aware that VIVACOM, IA and ITAC makes no guarantees about the reliability of alarm triggers and will not be liable for any losses, either direct or indirect, personal injury or death that such service interruption or data loss may cause you.

5. VIVACOM, IA and ITAC do not guarantee a 100% faultless service, nor that the Service shall all times operate according to its purpose and specifications, neither operation of the Service where the network coverage and/or the device’s hardware does not operate appropriately.

6. VIVACOM and IA do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the SafeBeep service or any hyperlinked website or service, and VIVACOM and IA will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

7. In no event shall VIVACOM, IA, ITAC, their affiliates, agents, directors, employees, suppliers or licensors, be liable for damages or losses of any kind to you for any deficiency, error, interruption in the service provided hereunder, failure of alarm triggers, or non operation according to its specifications. Your sole remedy in the event of any deficiency, error or non operation according to its specifications shall be to request that VIVACOM correct the matter or information provided or, if VIVACOM fails to do so, to discontinue use of the service at your option with the consequences of this action.

8. Under no circumstances will VIVACOM, IA, ITAC, their affiliates, agents, directors, employees, suppliers or licensors, be responsible for any damage, loss or injury resulting from failure of alarm triggers, hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

9. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis as well as to the fullest extent permitted by law in any applicable jurisdiction.


V. TERMS OF SERVICE

1. General terms of the Service

1.1. Grant of licence

Subject to the Terms and conditions, you are hereby granted a non-exclusive, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. VIVACOM reserves all rights not expressly granted herein in the Service.

VIVACOM may, after informing you in advance, terminate this license at any time for any reason or no reason.

The materials contained in the SafeBeep web site are protected by applicable copyright and trade mark law.

The SafeBeep service and software are provided to the end users only.

SafeBeep accounts are non-transferable.

1.2. Service rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) sending automated data to SafeBeep data center by using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to circumvent SafeBeep authentication measures, interfere with features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service; (v) delete the copyright and other proprietary rights notices on the Service, reverse engineer our software or protocols or decipher any transmissions to or from the servers running the Service; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading invalid data, viruses, worms, or other software agents through the Service; (viii) using the Service for any commercial solicitation purposes; (ix) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; and otherwise engage in activities that we deem damaging to our service.

We may, after informing you in advance, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of the agreement for the service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by the agreement for the Service.

2. Subscription

By following the registration procedure and accepting these Terms and conditions, you signify that you have read and understood them and you subscribe to SafeBeep for a monthly fee of 1.49 lv. (VAT included), which will be included in your next monthly bill for your mobile service.

With your expressed will, you agree to be bound by the Terms and conditions and all applicable national European and international laws and regulations, and agree that you are responsible for the compliance with them.

If do not you follow all the necessary steps of the registration procedure, including accepting these Terms and conditions, you cannot subscribe to the Service and we cannot provide you with it.


VI. CHANGES TO TERMS OF SERVICE AND MODIFICATIONS

1. VIVACOM may change these Terms and conditions at any time for any reason by posting the modified Terms and conditions on its website and so you should review this page periodically. You will also be notified with a short text message to your mobile number within 7 days of the change. When we change the Terms and conditions in a material manner, we will update the ‘last modified’ date at the bottom of this page.

2. If you continue using the Service after a modified Terms and conditions file has been posted, you accept them of them.

3. If you do not agree with the modified Terms and conditions, you must stop using or accessing the Service.


VII. MISCELLANEOUS

1. Entire Agreement and Severability

The registration, these Terms and conditions, together with any amendments and the Confidentiality and personal data protection policy of “Bulgarian telecommunication company EAD” (“VIVACOM”) for SafeBeep and www.safebeep.bg users, shall constitute the entire agreement between you and VIVACOM concerning the Service.

If any provision of these Terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and conditions, which shall remain in full force and effect.

2. No Assignment

These Terms and conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Any attempted transfer or assignment in violation hereof shall be null and void.

3. No Waiver

No waiver of any term of this Terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and VIVACOM’s failure to assert any right or provision under these Terms and conditions shall not constitute a waiver of such right or provision.

4. Governing law

These Terms and conditions shall be governed by the laws of the State of Bulgaria. Should a dispute arise, you agree that any legal proceedings against VIVACOM shall be initiated in the competent courts of Bulgaria.

5. Personal data

Detailed information about the purposes, deadlines and legal basis for the processing of personal data when using SafeBeep is included in Confidentiality and personal data protection policy of “Bulgarian telecommunication company” EAD (“VIVACOM”) for SafeBeep and www.safebeep.bg users, available on www.vivacom.bg and on www.safebeep.bg.

The Confidentiality and personal data protection policy of “Bulgarian telecommunication company” EAD (“VIVACOM”) for and in connection with the provision of electronic communications services shall apply to any outstanding issues.

6. Information

For more information, visit us at www.vivacom.bg or www.safebeep.bg

For any comments or questions please contact VIVACOM Customer Service Number 123 or +359 87 123 and +35987 8009 123 for international call to VIVACOM Customer Service Number.


These Terms & conditions were last modified on 02.03.2020.